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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33713
Experience:  15 years real estate, Realtor. Landlord 26 years
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Section 299 of the NY State Real Estate Law, governs

Customer Question

Section 299 of the NY State Real Estate Law, governs manufactured Homes in the State of New York. With whom may I file a complaint on a owner as the tenant of a mobile home lot.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Section 299 of the NY State Real Estate Law, governs manufactured Homes in the State of New York. With whom may I file a complaint on a owner as the tenant of a mobile home lot.

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I think you may mean NY Real Property Law Section 233 as Section 299 deals with:

""NY REAL PROP § 299. Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof""

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Are you in a mobile home park or are you just living in a mobile home on private land?

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What is the problem that you are filing a complaint about?

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thanks

Barrister

Customer: replied 5 months ago.
I have recently received a copy of NY State Real Estate law Section 299. This covers manufactured homes in NY State. Mobile homes and modular on property owned by an entity other than the home owner. It specifically state section 299.
Customer: replied 5 months ago.
I believe after reading through my lease and the section of law in question, that the owner of the property, is in violation of this section through the lease. I need someone with whom I can discuss this law and the parts I believe are in violation.
Customer: replied 5 months ago.
They sold me a four bedroom manufactured how. It is installed on their property on a slab of concrete which I was required to oay for. It is a 4 bedroom home, with pool, 2 car garage, fenced in yard and deck attached from the home to the pol and yard. The property owner has stated I may only have 3 residents in the home and must GET PERMISSION from them I anyone other than the 3 move in. They want to charge me $45 per moth extra for all persons over three, yet they sold me a 4 br home. If anyone were to move in, they would be family, etc. When we complained about these and other items in the lease, they offered to buy the Home for $85,000 since we are not allowed to sell it to anyone they do not approve of. We paid $180,000+ mfor the whole thing. Also would the best avenue of complaint be through the town, county or state? Need someone familiar with this law. You are correct. It is 233
Expert:  Barrister replied 5 months ago.

Ok, let me get a little background info from you as this sounds like a landlord tenant kind of matter..

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Are you under a written fixed term lease or are you month to month?

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If you are under a written lease, does it specifically state in the lease that the occupancy is limited to 3 people?

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And you own the mobile home and are just leasing the spot where it is sitting, correct?

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Is it in a mobile home park?

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thanks

Barrister

Customer: replied 5 months ago.
It has a blank on it in which the number of residents are written in as 3. We own the home with a clear title. It is in a manufactured home community.
Customer: replied 5 months ago.
Aka a mobile home park. Complete with skirting, etc.
Expert:  Barrister replied 5 months ago.

Ok, thank you for that information..

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Does the landlord pay for utilities like water and sewer as part of your lot rent?

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And was the 3 written in the lease when you signed the lease?

Customer: replied 5 months ago.
With garage it is 98feet long by 24 feet wide.
Customer: replied 5 months ago.
No water and sewer are separate as they fluctuate month to month. The 3 was there when we signed it. But at that time there were 5 residents and the owners representative was aware of the 5 persons in the home.
Expert:  Barrister replied 5 months ago.

Ok, thank you. So what is your legal question that I can help with this afternoon?

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Why was the lease signed agreeing to only 3 residents if there were 5 living there?

Customer: replied 5 months ago.
The representative waived the 3 requirement and we were not required to pay the $45 per month fee for those over the 3. This is the largest home in the park. I believe the lease was originally written for a 2 bedroom unit. As it seems to have parts they were written as though the company owned the unit and rented the unit, not just the lan
Customer: replied 5 months ago.
He waived the 3 requirement verbally. I need to know who I may take my complaint to, who would understand the section of law, and advize me accordingly. Town, County or state level, and who.
Customer: replied 5 months ago.
I live in Slingerlands NY Town of New Scotland, County of Albany.
Customer: replied 5 months ago.
I complained verbally to the rep and he just said, "See you in court".
Customer: replied 5 months ago.
It appears to me he is just trying to "steal" the $180,000+ home for $85,000.
Customer: replied 5 months ago.
We have received no court notice as of yet.
Expert:  Barrister replied 5 months ago.

Ok, if the representative of the landlord agreed to waive the 3 person limit then you would have grounds to fight them in court if they try to evict you for violating the lease.

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But there is no one to "complain to"....this is strictly a civil matter between a landlord and tenant. If the landlord tries to evict you for breaching the lease, you will have fight him in court and argue to the judge that he waived the 3 person limit.

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The judge will then ask you why you didn't insist that he cross out the "3" and write a different number and then initial it as that would have been incredibly easy to do...

Expert:  Barrister replied 5 months ago.

But if you have not received any notice of a lease violation, or any type of summons to go to court, then there is nothing to respond to at this point.

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Customer: replied 5 months ago.
Agreed, easy. But it was waived verbally. We have not signed another lease in over a year. Need to resolve this. Sections of the lease forbid adding persons without PERMISSION
Customer: replied 5 months ago.
I was hoping to take the lease to someone who knows the law in question, to determine if any parts of it are in violation of the section of law.
Expert:  Barrister replied 5 months ago.

However, it would seem illogical for a landlord to put a limit of 3 occupants on a lot where a home that had 4 bedrooms was as it clearly could house 4 or more people easily. So that goes in your favor when you would be arguing that they used the wrong lease.

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But when you are looking at a written contract vs. what someone said verbally...the written contract controls as a general rule. Verbal doesn't normally count because they can promise you the moon, but if they have a piece of paper with your name on it where you signed agreeing to X, Y and Z, then that is what you agreed to.

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But if they did actually try to evict you, I think you have a good argument logically that it doesn't make sense for them to limit a 4 BR dwelling to only 3 people and therefore your version of the story is what the judge should accept. They verbally waived the 3 person limit (why it isn't in writing I can't explain) and you relied on that waiver in signing the lease (although it clearly said 3). You have then been living with over 3 people there the entire time without the landlord taking action so under the legal doctrine of "laches" and "waiver" they lose the right to try and enforce that restriction.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 5 months ago.
When I called the phone number on the website for the law, in NY it gave me numbers for rent control in NYC. Not helpful at all.
Expert:  Barrister replied 5 months ago.

Yes, that is what I meant when I said there is no one for you to formally complain to.... This is strictly a contract matter and no official, be it city, county, or state, has any authority to intervene. Only a judge can decide this and only if the landlord actually tries to evict you by filing an eviction case.

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thanks

Barrister

Customer: replied 5 months ago.
I understood that you have propertie as well.
Customer: replied 5 months ago.
Very well then. I will need to find someone who can explain all of the parts of the lease to me. It specifically states they may not restrict family members from the residence, yet the rep has on more than one occasion told me who may and may not be here, family or not. In violation of the statute in the section as I have mentioned. Someone needs to reel him in and make him produce a legal lease.
Customer: replied 5 months ago.
Question not completely answered to my satisfaction, but it helped some.
Expert:  Barrister replied 5 months ago.

Correct, that is why I know landlord tenant laws frontward and backward, inside and out...

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If you can upload a copy of the lease, I am happy to take a look and try to explain any clauses that you think are conflicting or might be illegal..

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thanks

Barrister

Customer: replied 5 months ago.
Will this be sent to my e-mail so I may print it and show it to the wife?
Customer: replied 5 months ago.
I do not have any knowledge of how to upload it. Perhaps I can scan it in and send it as a file. I was not completely ready for this discussion in that respect. If I put it in a e-mail can I send it then wait for a reply?
Expert:  Barrister replied 5 months ago.

I want to make sure you are completely satisfied with my service...not just partially satisfied... But I may not be able to tell you what you would like to hear as I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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But if you can attach the file or scan it, I can take a look and then we can resume our discussion..

Customer: replied 5 months ago.
As I said, I have no idea how to do that. Can it be scanned and then sent to a e-mail address, where it can be reviewed?
Customer: replied 5 months ago.
I am 67 and not real savvy when it comes to some of these computer things.
Expert:  Barrister replied 5 months ago.

Ok, to be honest with you, I have never attached anything to a post either... But the way I understand it is that if you can scan in the lease and save it as a PDF file to your computer, then you can click the little paper clip icon on the chat window and it will open up and you can then click something to attach the file to the chat window..

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I don't have any way to email customers as I am just an independent contractor working on the JustAnswer website..

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thanks

Barrister

Customer: replied 5 months ago.
Have never done that and do not expect I will learn before the end of this conversation. But thank you anyway.
Customer: replied 5 months ago.
I can see my best option is to take the lease and a copy of the law to a real estate attorney locally and ask his opinion.
Customer: replied 5 months ago.
My neighbors kid is a secone year law student. He read the lease and the law. His reply. "BOGUS" Such is the youth of today.
Customer: replied 5 months ago.
as not to lower your rating, I will not rate this call. Ty.
Expert:  Barrister replied 5 months ago.

If you contact JustAnswer's customer service, they can likely just walk you through the process..

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And yes, it is frustrating dealing with the kids of today in their 20s...

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But I completely understand and you can just contact JustAnswer customer service and request a refund and they will happily provide it, not questions asked.

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Email***@******.*** In the US or Canada 1-***-***-**** Available 6am to 9pm PST or use this link: http://ww2.justanswer.com/help

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thanks

Barrister

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