Section 792. Grounds for the proceeding  


Latest version.
  • 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.