Pass-Through Utility Charges for Mobile Home Renters in NY

If you rent a mobile home pad in a New York park, understanding your rights about how utilities are billed is important. Some parks bill residents for utilities directly, a practice known as “pass-through utilities.” This article explains what pass-through utility charges are, whether they are permitted in New York, and what you can do if you believe you're being overcharged.

Understanding Pass-Through Utility Charges

A pass-through utility charge is when a landlord (or park owner) pays for utilities like water, sewer, or electricity for the whole park, and then charges each renter an individual share. This is different than a direct account, where you pay a utility company yourself.

In New York, mobile/manufactured home parks have specific rules about how and when they can charge for utilities. State law requires that utility charges must be separately itemized and billed at cost, without extra mark-ups for profit, unless otherwise provided in your written lease.

When Can Mobile Home Parks Charge for Utilities?

Under New York Real Property Law § 233-b (Manufactured Home Park Act), mobile home park owners may charge tenants for utilities provided certain conditions are met:

• The rental agreement must clearly state how utilities will be billed. Actual rates or formulas must be used, not estimates.
• Charges must reflect actual usage, either individually metered or by agreed-upon allocation (such as dividing a master bill proportionally).
• Landlords cannot profit from utility charges unless specified in the lease and agreed by the tenant.
• All utility bills must be itemized and provided to tenants with clear explanations of charges.

If your lease is silent or unclear about utility payments, you may have protections under state law. If you’re unsure, review your lease and compare your charges to the park’s actual utility bills.

Official Oversight and How to Raise Concerns

Mobile and manufactured home rental issues in New York are overseen by the New York State Division of Housing and Community Renewal (DHCR). If you suspect your park is overcharging or marking up utilities, you may file a formal complaint.

Filing a Utility Overcharge Complaint

• Form Name: Manufactured Home Park Complaint (DHCR form HMR-1)
• When to use: If you believe your park owner has not followed the rules for utility billing, submit this form to DHCR describing your situation and attach copies of your lease and utility bills.
• Where to find: Download the official form from the NY HCR Manufactured Home Owners and Residents forms page.

Tip: Always keep records of your utility bills, payment receipts, and any communication with your landlord. Documentation can make resolving disputes much easier.

Relevant Legislation

• New York Real Property Law § 233 (Manufactured Homeowners' Bill of Rights)
• New York Real Property Law § 233-b (Manufactured Home Park Act)

Action Steps if You Face Utility Charge Issues

• Review your lease and utility billing details for accuracy
• Ask your park owner for copies of the master utility bills to verify charges
• If you believe you’re being wrongly charged or not provided information, complete and submit Form HMR-1 to DHCR
• Contact the DHCR for guidance or free counseling if you need more help

Frequently Asked Questions

1. Can a mobile home park owner make a profit from utility charges?
   No, unless your written lease specifically allows for a profit or service fee, park owners can only charge the actual amount billed by the utility provider.
2. What if my lease does not mention utility charges?
   If your lease is silent about utility billing, any charges must still follow state law. You should not be charged extra and must be allowed to see billing information.
3. How do I dispute a suspicious utility charge?
   You can ask the park owner for documentation. If the issue is not resolved, use DHCR form HMR-1 to file a complaint with the Division of Housing and Community Renewal.
4. Who enforces utility billing rules in New York mobile home parks?
   The New York State Division of Housing and Community Renewal (DHCR) oversees mobile/manufactured home park disputes and tenant complaints.
5. Where can I find the laws about utility billing for mobile home parks?
   Key rules are found in New York Real Property Law § 233-b—read the law and share with your landlord if needed.

Need Help? Resources for Renters

• NY Division of Housing and Community Renewal (DHCR) for complaints and official forms
• New York Attorney General - Resources for Tenants for additional rights information
• DHCR Manufactured Homeforms & Resources
• For legal help, many counties offer free or low-cost legal services—contact your local Legal Aid office

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1. New York Real Property Law § 233-b (Manufactured Home Park Act)
2. New York Real Property Law § 233 (Manufactured Homeowners' Bill of Rights)
3. NYS Division of Housing and Community Renewal: Manufactured Homeowners & Residents

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