Relates to the change in the use of the land comprising the manufactured home park

BILL NUMBER:S1873

Title of bill

An act to amend the real property law, in relation to manufactured home park owners and change in the use of the land compris- ing such manufactured home park

Purpose or general idea of bill

This legislation builds upon the provisions of the Real Property Tax Law relating to the rights of manu- factured home park homeowners' associations or the tenants thereof that arise at the time of sale of a manufactured home park by limiting the ability of manufactured home park owners to vacate a park and then sell it without specifying a reason for a change in the use of the land comprising the manufactured home park.

SUMMARY OF SPECIFIC PROVISIONS:; Subparagraph (i) of paragraph 6 of subdivision b of Section 233 of the real property law, as amended by Chapter 561 of the Laws of 2008, is amended to require specific documen- tation be included with the written notice a manufactured home park owner or operator provides when alerting home owners of a proposed change in the use of the land comprising a manufactured home park and that alternative accommodations need to be secured. It also amends Section 233-a of the Real Property Tax Law to further protect the rights of manufactured home park homeowners.

JUSTIFICATION:This legislation would protect the rights of manufactured homeowners from being evicted from a manufactured home park without knowing the specified intent of a proposed change in the use of the land in which their home is situated. Under current law, manufactured home park owners or operators must provide manufactured home owners written notice of a proposed change of use and alternative accommodations need to be secured. Eviction proceedings based on a change in use can not be commenced until six months has passed from the date in which the notice was served, or the end of the lease term, which ever is later.

This legislation would require the manufactured home park owner or oper- ator to include with the written notice of a proposed change of use a description of the proposed change of use and a copy of all applications required to affect such change of use submitted to the local government with jurisdiction. It further provides that eviction proceedings can not be commenced until such applications have been approved by the local government.

Prior legislative history

2011-12: A.6168/S.4761

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.