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Im a Mobile Home Park owner in NY. Can I lien and repossess…

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I'm a Mobile Home Park...
I'm a Mobile Home Park owner in NY. Can I lien and repossess a mobile home from a tenant who is not paying his lot rent? Can I prevent him from towing it out of my park until he pays me?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 8 hours by:
6/25/2010
Real Estate Lawyer: Jack R., Lawyer replied 8 years ago
Jack R.
Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6,147
Experience: Mediator, part of the Ohio Save the Dream Foreclosure project
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You can obtain a judgment for the unpaid rent. With a judgment you can lien the tenant's property. You cannot prevent him from towing his property from your park. The contrary is true, the eviction is effectively requires him to remove his property. A lien does not give you possessory rights over property.

 

Comments provided are informational and do not represent legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship has been formed by this communication.

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Customer reply replied 8 years ago
Are you sure I can't retain there home until paid? I'm reading NY State law that says in a self storage facility you can keep and sell the personal property for payment of unpaid rent. Of course there's a process of notification, etc. Reading the definition of a "Self-Storage Facility" its seems like a mobile home park would be included in that definition. Also, in NY a auto repair shop can hold, lien and auction a vehicle for unpaid towing, repairs and storage. A mobile home is considered a motor vehicle and is titled by NYS DMV. Finally the NY law on personal property says it can be helf for payment of any work or service performed. I can't find any thing excluding mobile homes from these laws. I also read the NY Mobile Home Park Laws, and it's not in there. I read an opinion in a forum that said Mobile Homes are considered personal property in most states, and can be held for non-payment of rent. ??
Real Estate Lawyer: Jack R., Lawyer replied 8 years ago

The proper laws in NY are manufactured homes manufactured home tenants. The home site is covered under a lease and the proper recourse is eviction which requires the tenant to leave the property with his home. A trailer park is not the same as self storage facility.

 

here is a reference to the laws: http://www.dhcr.state.ny.us/publications/manufacturedhomesrpl/mhprpl.htm

 

 

Comments provided are informational and do not represent legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship has been formed by this communication.

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Customer reply replied 8 years ago
No where in section 233 of DHCR does it reference this subject. I called DHCR today and asked them. The answer I received from their legal dept. was that there is no DHCR law that says I can not hold the property for payment. Typically in previous evictions I have done the sheriff comes and evicts them from the premises. Then they have 72 hours to pay me and remove there home or I can dispose of it. This is a different situation. This home has value and I believe they will try to remove it before the sheriff shows up for the eviction without first paying me. I read the NY lien laws, section 180 of article 8 says personal property may be retained for payment for services of any nature. Section 184 says a vehicle can be retained for services or storage. In NY a manufactured home is a titled vehicle. Section 182 says the same about personal property being held in self storage facility and the definition of self-storage facility describes a mobile home park pretty well. No where in any of these rules can I find an exclusion for a manufactured home. However, my attorney tells me I don't think you can hold his home, because it's his home. This is just an opinion, I want to know for sure, and where it's written. I also spoke with a mobile home hauling service. He said that he needs to get the park owners permission to move a home out of there park to make sure there are no charges. He said he believes if he hauls a home from a park and there are charges that he's liable under NY law, but again, I can't find it written anywhere.
I'd be willing to pay a higher fee for a concrete answer with a statute or case law to back it up.
Customer reply replied 8 years ago
Can someone find an answer to this?
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