State Codes and Statutes

Statutes > New-york > Rpa > Article-7-b > 795

§  795.  Judgment  and  warrant. 1. Upon the issuance of a declaration  that a manufactured home has been abandoned pursuant  to  this  article,  and  upon  motion  of  the manufactured home park owner or operator, the  court shall issue a warrant directed to the sheriff of the county or  to  any constable or marshal of the city in which the property, or a portion  thereof,  is  situated,  or  if  it  is  not  situated in a city, to any  constable of any town in the county, describing  the  manufactured  home  and commanding the officer to remove the home from the manufactured home  park  within  thirty days of delivery of the warrant. The actual cost of  removing and subsequent destruction  of  the  home  shall  be  a  charge  against the manufactured home park owner or operator.    2.  The warrant shall clearly recite that a declaration of abandonment  has been granted and that the home will be removed from the manufactured  home park no later than the thirtieth day  after  the  delivery  of  the  order.    3.  In lieu of ordering the sheriff to remove the home, the court may,  upon good cause shown, provide for an alternate disposition of the home,  including, but not limited to destruction; provided,  however,  that  if  the  court provides for the sale of the home, and the sale price exceeds  any amounts owed to the manufactured home park owner  or  operator,  the  excess  shall  be held in escrow for the benefit of the home owner. This  subdivision shall not be construed to require the manufactured home park  owner or operator to post a bond to secure the homeowner's equity in the  home nor shall it be construed to require  the  manufactured  home  park  owner  or operator to store the home on the premises of the manufactured  home park.    4. To the extent that any household goods or other  personal  property  of  the  respondent  remain  in  the home at the time of its disposition  hereunder, the manufactured  home  community  owner  or  operator  shall  provide  for  the  storage of such household goods and personal property  for a period of not less than three months from the date  of  the  final  order  of  the  court  providing for the disposition of the home. In the  event that the household goods or other personal property are stored  in  a self-storage facility, an amount equal to the charges imposed for such  storage  may  be  recovered  from the respondent. Upon the expiration of  such period, the community owner or operator (a) shall have  no  further  liability  for  the  storage  or  safekeeping of such household goods or  personal property, and (b) may provide  for  the  destruction  or  other  disposition of such household goods or personal property.

State Codes and Statutes

Statutes > New-york > Rpa > Article-7-b > 795

§  795.  Judgment  and  warrant. 1. Upon the issuance of a declaration  that a manufactured home has been abandoned pursuant  to  this  article,  and  upon  motion  of  the manufactured home park owner or operator, the  court shall issue a warrant directed to the sheriff of the county or  to  any constable or marshal of the city in which the property, or a portion  thereof,  is  situated,  or  if  it  is  not  situated in a city, to any  constable of any town in the county, describing  the  manufactured  home  and commanding the officer to remove the home from the manufactured home  park  within  thirty days of delivery of the warrant. The actual cost of  removing and subsequent destruction  of  the  home  shall  be  a  charge  against the manufactured home park owner or operator.    2.  The warrant shall clearly recite that a declaration of abandonment  has been granted and that the home will be removed from the manufactured  home park no later than the thirtieth day  after  the  delivery  of  the  order.    3.  In lieu of ordering the sheriff to remove the home, the court may,  upon good cause shown, provide for an alternate disposition of the home,  including, but not limited to destruction; provided,  however,  that  if  the  court provides for the sale of the home, and the sale price exceeds  any amounts owed to the manufactured home park owner  or  operator,  the  excess  shall  be held in escrow for the benefit of the home owner. This  subdivision shall not be construed to require the manufactured home park  owner or operator to post a bond to secure the homeowner's equity in the  home nor shall it be construed to require  the  manufactured  home  park  owner  or operator to store the home on the premises of the manufactured  home park.    4. To the extent that any household goods or other  personal  property  of  the  respondent  remain  in  the home at the time of its disposition  hereunder, the manufactured  home  community  owner  or  operator  shall  provide  for  the  storage of such household goods and personal property  for a period of not less than three months from the date  of  the  final  order  of  the  court  providing for the disposition of the home. In the  event that the household goods or other personal property are stored  in  a self-storage facility, an amount equal to the charges imposed for such  storage  may  be  recovered  from the respondent. Upon the expiration of  such period, the community owner or operator (a) shall have  no  further  liability  for  the  storage  or  safekeeping of such household goods or  personal property, and (b) may provide  for  the  destruction  or  other  disposition of such household goods or personal property.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-7-b > 795

§  795.  Judgment  and  warrant. 1. Upon the issuance of a declaration  that a manufactured home has been abandoned pursuant  to  this  article,  and  upon  motion  of  the manufactured home park owner or operator, the  court shall issue a warrant directed to the sheriff of the county or  to  any constable or marshal of the city in which the property, or a portion  thereof,  is  situated,  or  if  it  is  not  situated in a city, to any  constable of any town in the county, describing  the  manufactured  home  and commanding the officer to remove the home from the manufactured home  park  within  thirty days of delivery of the warrant. The actual cost of  removing and subsequent destruction  of  the  home  shall  be  a  charge  against the manufactured home park owner or operator.    2.  The warrant shall clearly recite that a declaration of abandonment  has been granted and that the home will be removed from the manufactured  home park no later than the thirtieth day  after  the  delivery  of  the  order.    3.  In lieu of ordering the sheriff to remove the home, the court may,  upon good cause shown, provide for an alternate disposition of the home,  including, but not limited to destruction; provided,  however,  that  if  the  court provides for the sale of the home, and the sale price exceeds  any amounts owed to the manufactured home park owner  or  operator,  the  excess  shall  be held in escrow for the benefit of the home owner. This  subdivision shall not be construed to require the manufactured home park  owner or operator to post a bond to secure the homeowner's equity in the  home nor shall it be construed to require  the  manufactured  home  park  owner  or operator to store the home on the premises of the manufactured  home park.    4. To the extent that any household goods or other  personal  property  of  the  respondent  remain  in  the home at the time of its disposition  hereunder, the manufactured  home  community  owner  or  operator  shall  provide  for  the  storage of such household goods and personal property  for a period of not less than three months from the date  of  the  final  order  of  the  court  providing for the disposition of the home. In the  event that the household goods or other personal property are stored  in  a self-storage facility, an amount equal to the charges imposed for such  storage  may  be  recovered  from the respondent. Upon the expiration of  such period, the community owner or operator (a) shall have  no  further  liability  for  the  storage  or  safekeeping of such household goods or  personal property, and (b) may provide  for  the  destruction  or  other  disposition of such household goods or personal property.