New York Mobile Home Park Rent Control: 2026 Guide

Is mobile home lot rent controlled in New York?

Partly, yes. New York has no general statewide rent cap, and most housing outside of opted-in Emergency Tenant Protection Act localities is unregulated. Manufactured home park lot rent is a deliberate exception.

Since the 2019 Housing Stability and Tenant Protection Act (HSTPA), Real Property Law § 233-b — the 'rent justification' law — governs how much you can raise lot rent. You may raise rent up to 3% a year freely; anything above 3% must be justified, and increases above 6% require court approval.

Layered on top, RPL § 233 limits increases to once per year and requires 90 days' written notice. If a page tells New York operators that lot rent is 'uncontrolled,' that is inaccurate.

How RPL § 233-b limits lot-rent increases (the 3% and 6% thresholds)

RPL § 233-b gives you a 3% annual safe harbor: increases 'shall not exceed a three percent increase above the rent since the current rent became effective' without justification.

To go above 3%, you must justify the increase by higher operating expenses, higher property taxes on the park, or costs directly related to capital improvements — and provide written justification with supporting documentation available to residents on request.

There is a hard 6% ceiling. Increases 'shall not exceed six percent... except upon the approval of a temporary hardship application by the court.' Parks under a government regulatory agreement that preserves affordability are exempt from § 233-b entirely.

Notice and the 90-day challenge window

RPL § 233 requires at least 90 days' written notice before any increase in fees, charges, assessments, or rent, and increases are limited to once per year. Build both into your rent-increase calendar.

Separately, RPL § 233-b gives residents a 90-day window from the proposed increase to challenge any above-3% increase by filing a court action, and multiple homeowners may join a single action on common questions of law and fact.

During a pending challenge the tenant pays the disputed increase into escrow held by you, and you cannot evict for nonpayment of that disputed amount until the court's final disposition.

Why RPL § 233/§ 233-b — not ETPA — governs your lot rent

The Emergency Tenant Protection Act of 1974 (ETPA) regulates apartment-type dwelling units in localities that declared a housing emergency and opted into rent stabilization. It does not govern manufactured home park lots.

Manufactured home lot rent has its own statewide regime under RPL § 233 and § 233-b, which applies regardless of whether your park sits in an ETPA locality.

So the practical takeaway is the reverse of what many operators assume: even though New York has no blanket statewide rent cap on unregulated units, your MHP lots are regulated by § 233-b everywhere in the state.

Rent-increase rules at a glance in New York

• Annual frequency
  No more than one increase per year (RPL § 233).
• Up to 3%
  Permitted freely as a safe harbor under RPL § 233-b.
• Above 3%
  Allowed only if justified by higher operating expenses, property taxes, or capital-improvement costs, with written justification and supporting documentation.
• Hard ceiling of 6%
  Increases cannot exceed 6% unless a court approves a temporary hardship application.
• 90-day notice
  At least 90 days' written notice before any fee, charge, assessment, or rent increase (RPL § 233).
• 90-day challenge window
  Residents have 90 days from the proposed increase to file a court action; multiple homeowners may join one action.
• Escrow during a dispute
  The tenant pays the disputed increase into escrow; no eviction for nonpayment of the disputed amount until final court decision.
• Exemption
  Parks under a government regulatory agreement preserving affordability are exempt from § 233-b.

Operator best practices in New York

• Document before exceeding 3%
  Assemble written justification and cost records (taxes, operating expenses, capital improvements) before noticing any increase above 3%.
• Send clean 90-day notices
  Give at least 90 days' written notice, state the implementation date, and never raise more than once a year.
• Treat 6% as a hard ceiling
  Do not exceed 6% unless you are prepared to file and support a temporary hardship application in court.
• Plan for the escrow mechanic
  If challenged, expect the disputed amount to sit in escrow and know you cannot evict for that portion until final disposition.
• Confirm your exemption status
  If your park operates under a governmental affordability regulatory agreement, verify whether § 233-b applies to you at all.
• Build a relationship with a New York MHP attorney
  RPL § 233/§ 233-b challenges and hardship applications are specialized — retain New York counsel experienced in manufactured home park law before disputes arise.