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.