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Posted by Mark Smith on March 01, 2000 at 13:37:39:

In Reply to: Re: trailer in a park: roommates posted by Anna on March 01, 2000 at 12:48:33:

If you refused to sign a valid lease of one year or more offered to you by the owner of your mobile home park, you could be evicted for no cause, because it would be the termination of a month-to-month tenancy.

But Real Property Law §233 requires that all the rules of the mobile home park be posted and be enforced uniformly. If the restriction on roommates is part of the rules and not part of the lease, you should sign the lease and resist the efforts of the park owner to enforce the rule against you and not against other mobile home owners. But if there is a provision in the lease prohibiting roommates, you will have to decide whether or not to sign the lease.

: : 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 tha

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Comments:
: If you refused to sign a valid lease of one year or more offered to you by the owner of your mobile home park, you could be evicted for no cause, because it would be the termination of a month-to-month tenancy.

: But Real Property Law §233 requires that all the rules of the mobile home park be posted and be enforced uniformly.  If the restriction on roommates is part of the rules and not part of the lease, you should sign the lease and resist the efforts of the park owner to enforce the rule against you and not against other mobile home owners.  But if there is a provision in the lease prohibiting roommates, you will have to decide whether or not to sign the lease.

: : : 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 tha


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