mobile home park issues

[irisg]

The park manager will threaten eviction to make tenants comply with unreasonable park rules. She engages in retaliatory eviction and harassment.

She places unreasonable restrictions on selling a mobile home.
It sometimes takes 4-5 times before a home is sold in here. By that time, both the homeowner and the buyer are too frustrated on the long waiting period. She takes up to three weeks now for her to pull a credit check. Really?????? The homeowner will either give up the home to the park or simply abandon it.


She does not make safe any unreasonably dangerous condition on the land and expects its tenants to do this.


Park manager seems to make two sets of rules, one for homeowners and another for the 5th wheelers. The ones who have homes here are virtually stuck on their own, and nothing ever gets done.
she does work in the park and does not pull permits, but yet expects the residents to.
She will manipulate and threaten to get you to do what she wants. She has held up sales on homes. There are so many wrongs in this park it is not funny. The park owner does not seem to care and virtually the park manager feels she is above the law in many cases.
She tells people to get permits for things that are not needed and will send you a threatening letter if you do not comply with what she wants you to do, regardless if it is legal or not.
She is just a nasty person and does not like to deal with any issues in the park, does not want to hear about any problems and is only in the office 3 days a week (2-3 hours a day). After she leaves the office it is anyone's guess how to reach her ( although she states that she is available 24/7)...not so.....

We have people parking in front of our mobile home and feel that this is okay without permission. We( the residents) could park our car in the front of our homes and for those of us who had a side there as well.

I am sick and tired of non residents coming into the park and doing what they want without recourse or care.

I feel I want to say something as my right but do not know if this would be appropriate. Since no one obeys the rules in this park, why should I.

I send this out of shear frustration as these problems do not seem to be getting any better. I do not think it is right what she is doing and people should be able to sell their homes without any problems.
Many of us have lived here a long time and it is the same ole thing.........I do not know who to turn to for these problems so I am hoping that if you cannot help me, you can refer this to someone who can.

Thank you

[David Oxhandler]

Sounds like your issues are NOT with the home but with the property manager. You may need to contact the property owner to go over managements head.

Almost every state in the country has laws to regulate mobile home park owner and tenant relationships. Most include specific limitations and even handed, equal treatment of all tenants. Tell us where your park is located so our regulars, that might be familiar with your area, can comment.

[Mskitty8556]

In 2006,I purchased a 1995 mobile home from the park owners. They took my 1976 model in and gave me a credit of $3000 toward the purchase price of 8000 for the 1995. The previous tenant was evicted from the 1995 model for non payment of rent. This was NOT a court decision. I was in contact with the park owners about where my title to my 1995 home was within in months of my moving in. In 2010, I contacted the park management again about where my title was. No response. When I sent my January 2012 payment into the park (lot rent and note payment) I informed them that I was with holding my note payments ($88.26 mo) effective with my February lot payment, until such time as I received proof of ownership of my home. During some legal dealing in March of 2010, I questioned my attorney about not having received title to my home and what my options were. I was told I could legally with hold my note payment, as I had been until such time as ownership was legally established. I only received a bill of sale at the time of purchase. I was able to obtain a copy of the title to the original and first owner of this home and faxed it to the park management office in May of 2012. I later was able to find out that the home had been sold and a new title issued to the (now deceased owner) who's daughter was residing in the home that was evicted. It shows that the title was issued on January 8, 2001. Again, I forwarded this information via answering machine message in June of 2012. Since I stopped making note payments in February of 2012, I have NOT received any monthly statements (which go out if you have $$ due) for the entire year of 2012. In September of 2012, I received my new lease for the year 2013. The lease is offered to owner and residents "in good standing". This means, current in all monthly payments to the park. Now it is March 2013, and I received a 2 statements from the park, one for February and one for March, saying I owed a balance of over $1400 which included late payments on my note agreement. NOT ONCE DURING 2012, DID I RECEIVE A STATEMENT, CORRESPONDENCE OR PHONE CALL REGARDING THIS OUTSTANDING NOTE PAYMENT .. after I notified them in January 2012 that not payments would be with held until legal ownership (title) to my home was received. Now, more than a year later, they are requesting payment for the balance of the loan. Is this legal? Do I have enough to procede with a small claims case for failure to provide within a reasonable period of time (6 years) proof of ownership for my 1995 home? I can't afford a real estate attorney. I am disabled and fixed income is tight. What are my options?

[David Oxhandler]

Kitty -

Your problem also is not with your home but with park management.

When you purchase a manufactured home... new or used...do NOT sign any closing papers or accept a bill of sale without the title to the home. Licensed dealers often will handle the title work for you. In that case you should be signing the paper work for the title at closing and receive a copy of the current title for a used home or an MSO (manufacturers statement of origin) for a new home.

It sounds like management is getting ready to try to collect or move you out. Seek assistance from the local legal aid office. It appears from your electronic address that you are from the Buffalo NY area ???? If that is so you are lucky because NY offers some of the best tenant protection laws in the country.

NY's Manufactured Homes Complaint Program. is administered by the Division of Housing and Community Renewal (DHVR). The program was created to allow tenants to inquire about their rights under state law or initiate complaints if they feel their rights are being violated. DHCR trained staff work with park owners and tenants to resolve disputes in compliance with the requirements of the statute.

Filing a Complaint

Manufactured Home Tenants may initiate a complaint by contacting DHCR. You can:

Call the toll free Manufactured Homes Hotline: 1-800-432-4210

Contact them by Fax (518) 486-3366

Write to:
Manufactured Homes Program
38-40 State Street
Albany, NY 12207



Summary of Manufactured Home Park Tenants' Rights Under Section 233 of the NY Real Property Law Section 233 of the Real Property Law (Lifted from : http://www.nyshcr.org/Publications/hous ... hpinfo.htm)

The right to be free from retaliation if you make a complaint or join a tenant association;

The right to a rent discount if you participate in the STAR (or any other) real property tax exemption program;

The right not to be evicted except upon court proceedings;

The right to a copy of park rules and regulations and a written statement of all fees at the commencement of occupancy;

The right to have rules and regulations applied uniformly to all tenants;

The right to be free from unreasonable arbitrary or capricious rules and regulations;

The right to a thirty-day written notice prior to any change of rules or regulations;

The right to a ten-day period in order to correct a violation of park rules or regulations;

The right to a ninety-day written notice prior to increases of fees, charges or assessments; not to have rent increased more than once in any year*effective January 2, 2009;

The right to have your security deposit held in trust in an interest-bearing account and to know the name and address of the bank;

The right prior to occupancy to sign a lease for at least a one year term;

The right to annual lease renewal(s) to all tenants in good standing;

The right to post a For Sale sign on any manufactured home;

The right to reasonable notice of any planned disruption of services;

The right to purchase a manufactured home from whomever you wish, as either a current or prospective tenant;

The right to have essential services (water, electricity, heat) furnished at all times;

The right to choose whomever you want as a service-person;

The right to refuse to purchase equipment from the park owner;


The right to be free from occupancy restrictions in park rules or leases;

The right to sell your manufactured home without the requirement that it be removed from the park;

The right not to pay a sales commission or fee to the park owner unless the park owner acted pursuant to a written agreement; and

The right to a livable, sanitary and safe park under Warranty of Habitability.

[rmurray]

Every state with titles has laws about when titles are required. Most states require titles within 30 days. If the park was selling homes they probably were required to have a dealer license. I am not sure which government agency in NY handles dealer complaints but you should find out and complain to them AND the title office as well. You may want to consider a legal aid office for help. If they did not have the right to sell the home they might well have to return all money received including the original $ 3000 down. Do not wait any longer. Usually when dealer office and title office get involved things get fixed quickly...They should have received a title in their name, transferred it to you with them as lien holder long ago, they then hold the title until paid and forward to you with lien satisfied soon after the last payment. Go to work and good luck. New York is very consumer friendly and tough on business.

[irisg]

The park is skyline village in Yucaipa, ca. I have sent a letter to the park owner, who did nothing. He would call the park manager to tell her that a resident complained, but all she says is it is someone who is mad at her.

I do not know where otherelse I can complain to and get things done..... Once she finds out it is you who complained, she will harass you untilthere is no end. She always finds wanys of knowing who the person is ( I have been told). Harassment is any state is illegal but, again, trying to prove it is another thing. I do not want to stay here anymore b/c of everything that is going on. This is becoming an all age park but yet posted a 55+ community. The park manager feels she is above reproach and therefore can do what she wants b/c no one is here to monitor her. We have already had criminal activity here in the park and that should not happen in a 55+ community.

[Mskitty8556]

In looking at the title that was issued in 1/2001 to the second owner, there is also a lein on the title. That titled owner is deceased.A copy of the death certificate and copy of the lein release need to be acquired before the park can legally proceed to obtain MY legal ownership to this home. Am I looking at a long drawn out battle? They will continue to charge late payments monthly making the original $1300 balance due on the note increase monthly to a point where they know I can't pay. Hence, no correspondence from park management for 12 months then going to court to have me evicted for non payment. My monthly lot rent and water payments are up to date and paid on time each month. I'm beyond stressed with this matter, my health is starting to suffer, (I have COPD).Whether the park management received ownership to this home legally or through landlord eviction, the fact remains that after 6 years, notifiying them of the title status from the 2 previous owners, they are trying to, as you say, get rid or me here in the park. I know that as a disable individual, my housing rights are protected under NYS law. The daughter of the second owner is the person that was evicted before I purchased the home. She is in Florida and refuses to assist neither me nor the park with this process. Can legal action be brought against her for failure to provide paperwork necessary (the mothers death certificate) in this case? Lot's of questions....am waiting to hear from park management sometime today. I have requested a monthly transaction statement from 2009 to current. Hopefully they will consent so I have proof of the monthly note payments not being assessed in 2012. I have copies of my checks where I noted with holing of note payment until title received...

[David Oxhandler]

Irisq -


The Mobilehome Residency Law is California’s landlord/tenant law for mobile home park residents. No other state has such a similar, comprehensive body of law. Download California Mobilehome Residency Law

Resources for Calif mobile home owners:

California Rural Legal Assistance
Phone: 760-398-7261
Write: 1460 6th St.
Coachella, CA 92236
E-mail Form: http://www.crla.org/contact-us
Website: http://www.crla.org
Facebook: http://www.facebook.com/CRLA.org


Golden State Manufactured-Home Owners League
Phone: 800-888-1727
Write: 11021 Magnolia St.
Garden Grove, CA 92841
E-mail: http://www.gsmol.org/contact
Website: http://www.gsmol.org

[David Oxhandler]

Kitty -

You are not looking at the problem from the right perspective. In NY A Certificate of Title (MV-999) is the official proof of ownership for a manufactured home. The title certificate is used to transfer ownership from one person to another. You DO NOT own that home unless it has been re-titled in your name. If that is the case the "seller may have committed fraud and violated more than one state law.

Yes it is going to take some serious action on your part if you do not want to continue to be take advantage of.

File a complaint with DHCR. Call the toll free hotline Toll Free Hotline 1 (800) 432-4210 and find out what they can do for you

Contact the NYS Title Services Bureau, they regulate the states title law. - ask how you file a title fraud complaint (Weekdays, except Wednesdays) 518-486-4714

Here are some links where you may find additional assistance:

Manufactured Home Owners Association of America
State of NY Mobile Home Owners Rights
NY Manufactured Home Park Tenants’ Rights
Neighborhood Legal Services, a not-for-profit agency located in Buffalo, New York.
Better Business Bureau of Upstate New York

[Mskitty8556]

I have been all over NYS regarding the matter of a clear and legal title to my mobile home. NO ONE, including legal aid, neighborhood legal aid, volunteer attorneys association, NYS DMV, Erie County Clerk's office...wants anything to do with this matter. Everyone tells me to call someone I've already spoken with. I'm thinking of suing in small claims court in my town. This is absolutely ridiculous. Any other suggestions or name of someone I can contact? I'm desperate and physically sick over this whole matter. Sincere thanks to all...