New York § 792 - 792Grounds for the proceeding

§ 792. 792Grounds for the proceeding

§ 792. Grounds for the proceeding. A manufactured home park owner or operator of such manufactured home park may commence a special proceeding to obtain an order of the court granting a declaration that a manufactured home has been abandoned upon proof that: 1. The manufactured home has been vacant for a period of not less than one hundred eighty days without notice to the manufactured home park owner or operator, provided however, that such period shall be ninety days in the event that a warrant of eviction with respect to such manufactured home has been issued; 2. The manufactured home resident has defaulted in the payment of rent for such period; 3. The manufactured home community owner or operator has notified all known holders of liens against such home. Prior to commencing a proceeding pursuant to this article, the manufactured home community owner or operator shall cause a search to be done of: (a) for homes constructed (i) on or after July first, nineteen hundred ninety-four and designated by the manufacturer as a nineteen hundred ninety-five or later model year, or (ii) on or after January first, nineteen hundred ninety-four, for which the manufacturer did not designate a model year, the title records of the department of motor vehicles, or (b) for all other homes, filings made under the Uniform Commercial Code, to determine whether there are any lien-holders with an existing interest in the manufactured home; and 4. At least two of the following factors apply: (a) the manufactured home resident has removed substantially all of the personal property from the home; (b) utility service to the home has been terminated or disconnected by the utility provider, or the manufactured home resident for at least sixty days; (c) the home is in a state of substantial disrepair that makes the home uninhabitable; or (d) other objective evidence of abandonment that the court finds reliable.