Eviction Protections for New York Mobile Home Owners

If you own a mobile or manufactured home in New York and rent space in a mobile home park, you have specific legal protections against eviction. Understanding these rights can help you respond confidently if you receive an eviction notice or face disputes with your park owner. This guide explains your eviction protections, official forms, and the processes involved, based on current New York law.

Understanding Mobile Home Eviction Law in New York

Mobile home owners in New York who lease space in a mobile home park are covered by New York Real Property Law (RPL) Article 9-A Section 233, often known as the "Mobile Home Owner's Bill of Rights." This law governs how and when you can be evicted and ensures mobile home owners have strong protections compared to other types of renters.

Legal Reasons for Eviction

A mobile home park owner can only evict you for specific, lawful reasons. According to RPL Section 233, you may only be removed if:

• You did not pay rent, fees, or charges after receiving proper notice
• You broke an important rule of the park, and did not fix the problem after being given written notice and a reasonable time to correct it
• The park is being permanently closed and the owner follows all relocation and notification requirements

Park owners cannot evict you unless one of these reasons applies and you have been given proper written notice.

Eviction Notice Requirements

• You must be given a written notice stating the specific reason for eviction
• If for nonpayment of rent, you are entitled to at least 30 days' notice in most cases
• If park rules are violated, written notice and a reasonable opportunity to resolve the issue are required
• If the park will close, you must be given at least twelve months' advance notice

Once the notice period ends, the park owner must start a formal eviction process in court—a park owner cannot remove you without a court order.

How the Eviction Process Works

If you receive a notice and do not resolve the claimed issue, the park owner must file a legal action in your local Housing Court or Civil Court. The official tribunal handling mobile home tenancies is the New York Housing Court (for NYC) or your local Town/Village Justice Court (for other areas). Only a judge can issue an eviction order.

Key advice: If you get any kind of eviction notice, do not ignore it. You can respond in court or negotiate a settlement—acting quickly helps protect your rights.

Important Official Forms

• Notice of Petition and Petition (Nonpayment or Holdover)
  • What it is: The landlord must file a "Notice of Petition and Petition" with the court to start formal eviction. This sets your court date.
  • When it's used: After the written notice period ends, and you have not paid overdue rent or fixed a rule violation.
  • View New York eviction forms and instructions (official court site)
• Answer to Petition
  • What it is: This is your written response to the eviction petition, stating your side or legal defenses.
  • When it's used: You must submit it by your court date or before the hearing.
  • Download the official Tenant's Answer form (PDF)

Filing these forms on time is crucial to preserve your legal protections and explain your side to the judge.

Your Rights and Protections as a Mobile Home Owner

• Protection against arbitrary eviction—only court-ordered removal is allowed
• Right to advance notice and time to correct violations
• Relocation assistance if the park is shutting down, as outlined in RPL Section 233
• Your property (your mobile home) cannot be seized without court approval

If you feel your eviction is not legal or your rights are being violated, you can present your case in court and may seek legal assistance or advocacy support for additional help.

Action Steps if You Receive an Eviction Notice

• Read the notice carefully and note the alleged reason for eviction
• Respond to the park owner in writing if you can fix the issue (such as paying back rent or correcting a rule violation)
• If court papers arrive, complete the "Answer to Petition" and file it with the court by the deadline
• Gather any documentation or evidence to support your side (receipts, photos, letters, etc.)
• Attend the court hearing as scheduled

Frequently Asked Questions

1. Can I be evicted from my mobile home park for any reason?
   No. New York law only allows eviction for specific reasons, such as nonpayment of rent, serious rule violations, or park closure. The owner must follow all legal procedures and provide proper notice.
2. How much notice am I entitled to before eviction?
   Usually, you are entitled to at least 30 days’ written notice. For park closures, you must get at least 12 months’ notice.
3. What should I do if I receive a Petition for eviction from the court?
   Read the documents carefully, respond by completing an Answer form, and attend your court date. You may seek legal help for your defense.
4. Who handles eviction cases for mobile home parks in New York?
   Local Housing Courts (for NYC) or Town/Village Justice Courts (for other regions) hear these cases. Learn more at the official New York Housing Court website.
5. Is there assistance if the park is closing?
   Yes. Park owners have obligations to help with relocation or reimburse moving costs as outlined in New York Real Property Law Section 233.

Key Takeaways for New York Mobile Home Owners

• You cannot be evicted from a mobile home park unless state law is strictly followed.
• Written notice is required—never ignore it, and always respond promptly.
• You have the right to attend court and explain your situation before any eviction is ordered.

Staying informed and acting quickly ensures the strongest protection for your home and your rights under New York law.

Need Help? Resources for Renters

• NY State Division of Housing and Community Renewal (DHCR) – information, complaint forms, and guidance for renters and mobile home owners
• New York Housing Court – court information and self-help resources for eviction matters
• LawHelpNY – Find Legal Help – statewide legal aid directory for renters facing eviction
• NY Attorney General’s Mobile and Manufactured Homes resources – complaint process and mobile home advocacy

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1. New York Real Property Law Article 9-A, Section 233
2. New York City Housing Court official resources
3. New York State Division of Housing and Community Renewal
4. NY Attorney General’s Mobile and Manufactured Homes guide

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