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Posted by Anna on March 01, 2000 at 12:48:33:

In Reply to: Own 3-bedroom trailer in a park/no lease signed/can landlord tell me I can't have anyone live with me? posted by Timothy on February 28, 2000 at 12:55:02:

: I own my trailer but it's in a trailer park.

: I live in Cobleskill,NewYork

Mark Smith wrote:

Real Property Law §233(s) gives you the right to have a roommate, but generally it can be only one roommate and the children of that roommate.

This is incorrect. RPL 233(s) gives you the same rights as all tenants have in RPL 235-f, the Roommate Law. We all have the right to a minimum of one roommate, not a maximum of one roommate.

RPL 235-f renders null & void any lease clause that forbids non-family occupants. In Stavrolakes, the Court of Appeals confirmed: if there is no lease or no VALID lease clause restricting 'occupants', RPl 235-f does not restrict the number of occupants either. You have no lease, therefore you have no lease clause to worry about.

Capital Holding Co. v. Stavrolakes, 242 A.D.2d 240 (1st Dep't 1997), aff'd, N.Y.2d 1007 (1998).

However, other occupancy laws, such as the federal law, might restrict the number of adults living in one trailer.

Mark Smith also wrote:

In general, RPL §233 gives mobile home tenants many rights. You can read the law on TenantNet at http://www.tenant.net/Other_Laws/RPL/rpl07.txt

True enough, but even lawyers have trouble reading these laws...
I suggest that you try to find a local civic organization that is familiar with trailer park laws.

Follow Ups:

• Re: trailer in a park: roommates Mark Smith 03/01/00 (0)

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Comments:
: : I own my trailer but it's in a trailer park.

: : I live in Cobleskill,NewYork

: Mark Smith wrote:

: Real Property Law §233(s) gives you the right to have a roommate, but generally it can be only one roommate and the children of that roommate.

: 
: This is incorrect.  RPL 233(s) gives you the same rights as all tenants have in RPL 235-f, the Roommate Law.  We all have the right to a minimum of one roommate, not a maximum of one roommate. 

: RPL 235-f renders null & void any lease clause that forbids non-family occupants. In Stavrolakes, the Court of Appeals confirmed: if there is no lease or no VALID lease clause restricting 'occupants', RPl 235-f does not restrict the number of occupants either. You have no lease, therefore you have no lease clause to worry about.

: Capital Holding Co. v. Stavrolakes, 242 A.D.2d 240 (1st Dep't 1997), aff'd,    N.Y.2d 1007 (1998).

: However, other occupancy laws, such as the federal law, might restrict the number of adults living in one trailer.

: 
: Mark Smith also wrote:

: In general, RPL §233 gives mobile home tenants many rights. You can read the law on TenantNet at     http://www.tenant.net/Other_Laws/RPL/rpl07.txt

: True enough, but even lawyers have trouble reading these laws...
: I suggest that you try to find a local civic organization that is familiar with trailer park laws. 


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