Mobile Home Park Evictions Q&A

Helpful Info for Renters in New York

Disclaimer: This guide gives general information, not legal advice. Every situation is different. For legal help, please call our Housing Preservation Line at (315) 793-7083.

Q: What laws apply if I live in a mobile home park and am facing eviction?

A: Two main laws apply:

• Real Property Law (RPL) § 233 (Specific to mobile/manufactured home parks)

• Real Property Actions and Proceedings Law (RPAPL), Article 7 (Governs all evictions in NY)

• Note: Under the law, mobile home parks are called "manufactured home parks"

Q: What qualifies as a mobile home park in New York?

A: A property is a mobile home park if:

• There are at least three mobile/manufactured homes

• The homes are used for year-round living (not seasonal)

• The homes are on adjoining land that is privately owned

Q: Who is considered a tenant in a mobile home park?

A: You are a tenant if:

• You own your mobile home and rent the lot

• You rent both the mobile home and the lot from the park

You are not a tenant under this law if:

• You rent a home from someone else, and that person rents the lot from the park

Q: Can I be evicted for not paying fees other than rent (like utilities or pet fees)?

A: No. In a non-payment eviction, only unpaid rent can be the reason. Utility bills, late fees, or pet fees do not count.

Q: What notice must the park give before starting an eviction for unpaid rent?

A: A 30-day written notice (called a “predicate notice”) must be given. It must:

• Clearly state the amount of unpaid rent (no extra fees)

• Be delivered in person, to someone at your home, or left at your door AND mailed (regular + certified mail)

• Give you 30 days to pay or move out

Q: What are other reasons I can be evicted and do they require notice?

A:

• Illegal use of the property:  No notice required; Park can go straight to court

• Violation of safety laws:  No notice required; Must involve danger to others

• Lease/rule violation:   Yes; 10-day notice to fix violation → then 30-day notice to move out if not fixed

• Change in land use:  Yes; 2-year notice required before eviction case can begin; stipend may be owed to you if you own the home

Q: How does the park start an eviction case in court?

A: The park files a Notice of Petition and Petition in the local court. They must serve you the papers:

• In person, to someone at your home, or left at the door + mailed (regular + certified)

• You must be served 10–17 days before your first court date

Q: Who are the parties in an eviction case?

A: The caption lists the names of the parties involved:

• Petitioner: The person or entity bringing the eviction case—usually the landlord or park owner.

➤ Check if this is the actual owner of your manufactured home park.

• Respondent(s): The person or people being evicted—you and possibly others who live in your home.

➤ If someone who pays rent isn’t listed, you can ask the judge to dismiss the case

Q: What does a Notice of Petition include?

A: This document tells you:

• The date and time of your first court appearance

• The court’s address and the address of your home

• What the park is asking for (e.g., eviction, money owed)

• You have the right to respond, either in person or in writing, up until the first court appearance

Q: What does a Petition include?

A: This tells the mobile home park’s side of the story, including:

• Their claim to be the owner or landlord

• That you are their tenant

• A description of your home in the manufactured home park

• The reason for the eviction (e.g., non-payment, lease violation, illegal activity)

• What they want from the court (eviction, back rent, etc.)

Q: Do I need to go to court?

A: Yes. All Respondents must appear in court. If you don’t, the judge can rule against you by default.

Q: What can I do at the first court appearance?

A: You can “answer” the petition and raise defenses. Common defenses include:

• Someone who lives with you wasn’t listed as a Respondent

• You weren’t served court papers correctly

• Required notice (like a Notice to Pay Rent or Notice to Cure) was never served, or was done improperly

• If it’s about non-payment, you can challenge the amount owed and raise repair issues (like infestations)

• If it’s a lease violation, you can show you fixed the issue or that the notice wasn’t specific

• You’ve moved out already

• You can ask for a two-week adjournment, request a hearing, or a jury trial

Q: What if I don’t have a defense but need more time to move?

A: You can ask the judge to hold off evicting you. You’ll need to explain:

• Efforts to find housing (show phone call logs, emails, applications, etc.)

• Any medical conditions that make moving harder (provide proof to the extent possible)

• If your children are in local schools

Q: What is a warrant of eviction?

A: A legal document from the judge that lets the sheriff/marshal remove you from your home.  The judge will sign this document if the park wins the eviction case against you.

Q: How much time do I have after getting a warrant?

A: It depends on why the eviction was granted:

• Standard evictions: Usually, 90 days’ notice

• Health/safety risk evictions: 30 days’ notice

• Non-payment of rent: 30 days’ notice

• BUT If you rent both the home and the lot: 72 hours' notice

Q: What if the landlord tries to evict me without going to court?

A: That is illegal. Only a court-issued warrant can result in a legal eviction. Call the police if the landlord tries to remove you without it. You can also file a complaint with the NY Attorney General.

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For legal help, call our Housing Preservation Line at (315) 793-7083.