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What is the Manufactured Homes Complaint Program?
The Manufactured Homes Complaint Program is administered by DHCR.
In an effort to broaden its reach and bring tenants and park operators
together at no cost to them and to settle issues as quickly as
possible, DHCR utilizes the services of mediation centers statewide.
Complaints may be resolved by local mediation centers or by DHCR.
Filing a Complaint
Manufactured Home Tenants may initiate a complaint by contacting
DHCR. Call the toll free hotline at 1 800 432-4210 or contact one of
these DHCR offices:
Albany
38-40 State Street
Hampton Plaza
Albany, NY 12207
Phone (518) 486-6265
Fax (518) 486-3366 |
Buffalo
Statler Towers
107 Delaware Avenue
Suite 600
Buffalo, NY 14202
Phone (716) 842-2244
Fax (716) 842-2724
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Complaint Processing
All complaints are evaluated by DHCR to determine the appropriate
course of action. Complaints may be acted upon directly or referred to
mediation.
Mediation Offers
- A neutral setting in which to resolve disputes
- Prompt service
- No cost for services to tenant or park operator
- Convenient locations throughout New York State
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DHCR Actions
- Any complaint not resolved through mediation is directly handled
by DHCR.
- If settlement cannot be reached, DHCR may apply to court for
appropriate relief.
- The court may impose penalties and/or order direct restitution.
Manufactured Home Park Registration
Owners of manufactured home parks containing three or more
manufactured homes must register with DHCR by January 1 of each year
the names of all persons owning an interest in the park, the names of
all tenants, all services provided by the park owner to the tenants,
and a copy of all current park rules and regulations.
What is a Manufactured Home Park?
A manufactured home park is land which is used to accommodate three
or more manufactured homes occupied for year-round living.
Who is a Manufactured Home Tenant?
A manufactured home tenant is a person who rents space in a park
from a manufactured home park owner or operator for the purpose of
placing his or her manufactured home, or a person who rents a
manufactured home in a park from a manufactured home park owner or
operator.
Who is a Manufactured Home Park Owner?
A manufactured home park owner is a person who holds title to a
manufactured home park or title to the land on which a manufactured
home is to be sited. The term manufactured home park owner also
includes those who operate a manufactured home park for an owner.
What is the Warranty of Habitability?
Tenants are entitled to a livable, sanitary and safe park,
including all common areas, roads and lot. Lease provisions
inconsistent with this right are illegal and unenforceable. Failure to
provide water or other essential utility services, or to repair sewer
problems are examples of a violation of this warranty. Park owners may
not willfully or intentionally fail to provide any service or facility
once they have agreed to do so.
Summary of Manufactured Home Park Tenants' Rights Under Section
233 of the Real Property Law:
-to be free from retaliation if you make a complaint or join a
tenant association;
-to a rent discount if you participate in the STAR (or any other) real
property tax exemption program;
-to not to be evicted except upon court proceedings;
- to a copy of park rules and regulations and a written statement
of all fees at the commencement of occupancy;
- to have rules and regulations applied
uniformly to all tenants;
- to be free from unreasonable arbitrary or
capricious rules and regulations;
- to a thirty-day written notice prior to any
change of rules or regulations;
- to a ten-day period in order to correct a
violation of park rules or regulations;
- to a ninety-day written notice prior to
increases of fees, charges or assessments;
- to have your security deposit held in trust
in an interest-bearing account and to know the name and address of the
bank;
- prior to occupancy to sign a lease for at
least a one year term;
- to annual lease renewal(s) to all tenants in
good standing;
- to post a For Sale sign on any
manufactured home;
- to reasonable notice of any planned
disruption of services;
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- to purchase a manufactured home from whomever
you wish, as either a current or prospective tenant;
- to have essential services (water,
electricity, heat) furnished at all times;
- to choose whomever you want as a
service-person;
- to refuse to purchase equipment from the park
owner;
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- to be free from occupancy restrictions in
park rules or leases;
- to sell your manufactured home without the
requirement that it be removed from the park;
- not to pay a sales commission or fee to the
park owner unless the park owner acted pursuant to a written agreement
and
- to a livable, sanitary and safe park under Warranty
of Habitability.
Toll Free Hotline 1(800)432-4210
If you feel your rights have been violated call the Manufactured
Home Hotline today
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