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Maverick, Lawyer
Category: Real Estate Law
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Experience:  20 years professional experience
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How does a Mobile Home Park in New York State legally become

Resolved Question:

How does a Mobile Home Park in New York State legally become designated a "Senior Park"?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Maverick replied 6 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.


The federal Fair Housing Amendments Act of 1988 prohibits discrimination against families with children in multiple residential housing but permits mobilehome parks to limit residency to seniors in one of two categories: 1) 55 and older; or 2) 62 and older, if the park meets certain minimum conditions. The major condition is that a minimum of 80% of the units are required to have at least one resident 55 and older.


The laws on this issue are under the link below:



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Customer: replied 6 years ago.
My question was not relative to housing with minors, but the right to sell my property to someone other than an over 55 person. There are 13 units - 2 are occupied and owned by persons under 55. That doesn't quite come to 20%
Expert:  Maverick replied 6 years ago.

Is the place that your are living at already designated as a "senior park"?



Customer: replied 6 years ago.
Well, the landlady stated that when she was here to talk about selling it - I advised her that when I moved in in 1994, it was not stated and I have never received notification to that effect. I asked her if she announced it at church on Sunday and thought the issue covered? She was not amused. I do not believe she has ever done anything to qualify the park as a "senior park" but how do I prove it?
Expert:  Maverick replied 6 years ago.
``(iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall--

``(I) provide for verification by reliable surveys and affidavits; and
``(II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.''.




IF THE LANDLORD has not filed the surveys and affidavits with the secretary of housing as required by the above law, then you can probably sell without much worry. In other words, tell her in writing that you are intending to sell your home to a person under 55 and that if she has anything in writing that shows that you cannot do so to inform you of the same within the next 7 days. Send the letter by certified mail and hand deliver it as well.



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