N.Y. Real Property Actions & Proceedings Law § 795: Judgment and warrant

§ 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.