N.Y. Real Property Actions & Proceedings Law Section 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.

Source: Section 795 — Judgment and warrant, https://www.­nysenate.­gov/legislation/laws/RPA/795 (updated Sep. 22, 2014; accessed Jun. 8, 2024).

Accessed:
Jun. 8, 2024

Last modified:
Sep. 22, 2014

§ 795’s source at nysenate​.gov

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