N.Y. Real Property Actions & Proceedings Law § 792: Grounds 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.