sale of park-pending evictions

[Kim F]

Help!! I am a resident in a MH park in upstate NY.We have 33 homes situated around a 40 acre lake. In August 2001 our park was sold without our prior notification. By 9/26/01 all 33 homeowners were served with notice of intent to evict. The new owners propose a change of use to something other than a MH Park(upscale homes$400k). We were given 6 months to "secure other accomodations".

We immediatly formed a Homeowners Association and began to research the law. Unfortuneatly, we found that in NY, the law does not require that our residents be given right of first refusal to buy the property.

So our dilemma is this: 1. We have to move our homes(mostly double-wides) at our own cost. 2. We have nowhere to move them to as there are no vaccancies in existing MH parks in the area and our zoning laws do not permit MH placement except in a park. 3. Many of us have mortgages which state that the MH cannot be moved or you will be in default of the mortgage.

Our local and State politicians have yet to be of any assistance.

Does anyone out there have any experience with this issue or have ANY advice to give as we feel very alone in this uphill battle which could affect anyone in a MH Park in NY State.

[Ron Ambler]

We had a similar situation in our area. 50 plus singlewide homes were involved in moving out of the property which had been sold for a complex of office buildings. Unfortunately, there was nothing that could be done in our state either.

One thing you might try is contacting the local United Way Agency in your area. Ask them if they have a agency they support which provides free legal services to persons who qualify. Maybe there is something they could uncover which could help you and the other homeowners.

[Claude]

You have a Association now, correct? Pool your resources and secure a GOOD attorney. File a civil suit citing hardship, dislocation, financial devastation etc....any number of legitimate points for all concerned. Our nation's and state's laws are based on old english common law which uses "precedents". Perhaps no one has EVER tried to sue over this. If not, a judge may be willing to "set a precedence" which would then carry the effect of law. At the very least, you may be able to buy some more time by securing an injuction against the 65 month deadline. You may also try the civil liberties union, especially if minorities and aged are effected. (ACLU). Just a suggestion.

Good Luck!