Waterfalls Village Homeowners Association

Legislative Action Page

The Rent Justification Bill, S5198 & A5704 failed to attain a floor vote in the legislative session that ended in June.  Legislators have been contacted and the Bill will be reintroduced in both houses in the next legislative Session in January of 2025. Details will be posted here as they become known.

S05198

A05704

 

Requires manufactured home park owners to provide a written justification for rent increases in excess of three percent of the current rent; provides that increases in costs to justify such rent increase for ordinary maintenance or repair to meet the warranty of habitability obligations must be shown to be necessary.

 

 

S05198 Text:

                STATE OF NEW YORK

        ________________________________________________________________________

                                          5198

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 27, 2023

                                       ___________

        Introduced  by  Sens.  SKOUFIS,  MANNION,  MAY — read twice and ordered

          printed, and when printed to be committed to the Committee on Housing,

          Construction and Community Development

        AN ACT to amend the real property law, in relation to increases of  rent

          in manufactured home parks

          The  People of the State of New York, represented in Senate and Assembly, do enact as follows:

     1    Section 1. Section 233-b of the real property law, as added by section

     2  12 of part O of chapter 36 of the laws of 2019, is amended by adding two

     3  new subdivisions 9 and 10 to read as follows:

     4    9. When a manufactured home park owner notifies the manufactured home-

     5  owners in the park of a rent or fee increase  and  the  increase  is  in

     6  excess  of  three  percent above the current rent, the manufactured home

     7  park owner shall provide a written justification for the  increase  that

     8  complies  with  this  section  and  make  available  to any resident, by

     9  request, documentation that show the costs and commencement of work that

    10  justify the rent increase pursuant to this section, as applicable.

    11    10. In order for an increase in costs to justify a rent increase above

    12  three percent pursuant to paragraph (a) or (c)  of  subdivision  two  of

    13  this  section  for  costs  incurred  for ordinary maintenance, including

    14  preventive maintenance, or repair of the roads, infrastructure, or other

    15  community property or services, the  community  owner  must  demonstrate

    16  that  the  work  performed  was  necessary to meet the community owner’s

    17  warranty of habitability obligations under subdivision m of section  two

    18  hundred  thirty-three  of  this  article,  and demonstrate that the rent

    19  increase imposed was no more than was necessary to  cover the actual and

    20  reasonable cost of the work performed.

    21    § 2 Section 233-b of the real property law, as added by chapter 654 of

    22  the laws of 2019, is renumbered section 233-c.

    23    § 3. This act shall take effect immediately.

         EXPLANATION–Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.