STATE OF NEW YORK ________________________________________________________________________ 6085 2021-2022 Regular Sessions IN SENATE April 7, 2021 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the real property law, in relation to manufactured home parks The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 233-a of the real property law, as added by chapter 2 561 of the laws of 2008, paragraphs (a) and (c) of subdivision 2 as 3 amended by section 10 and subdivision 3 as amended by section 11 of part 4 O of chapter 36 of the laws of 2019, is amended to read as follows: 5 § 233-a. Sale of manufactured home parks. 1. Whenever used in this 6 section: 7 (a) The term "notify" shall mean the placing of a notice in the United 8 States mail, addressed to the officers of the manufactured homeowners' 9 association or the manufactured home park owner by certified mail, 10 return receipt requested, or personal delivery upon the officers of the 11 manufactured homeowners' association, or if no manufactured homeowners' 12 association exists, upon all manufactured homeowners in the manufactured 13 home park or the manufactured home park owner. Each such notice shall be 14 deemed to have been given upon the deposit of the notice in the United 15 States mail or upon receipt of personal delivery. 16 (b) The term "manufactured homeowners' association", whether incorpo- 17 rated or not, shall mean an association of at least fifty-one percent of 18 all manufactured homeowners within the manufactured home park, who shall 19 have given written consent to forming a manufactured homeowners' associ- 20 ation, and which association has notified the park owner of its estab- 21 lishment and has provided to the park owner the names and addresses of 22 the officers of such association. The provisions of section two hundred 23 twenty-three-b of this article shall apply to the formation of a manu- 24 factured homeowners' association. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08798-01-1

S. 6085 2 1 2. [~~(a) If a manufactured home park owner receives a bona fide offer~~ 2 ~~to purchase a manufactured home park that such manufactured home park~~ 3 ~~owner intends to accept, or respond with a counteroffer, such manufac-~~ 4 ~~tured home park owner shall require the prospective purchaser to~~ 5 ~~provide, in writing, the certification required by paragraph (b) of this~~ 6 ~~subdivision, and shall not accept any offer to purchase, nor respond~~ 7 ~~with a counteroffer until such manufactured home park owner has received~~ 8 ~~such certification and met the requirements of this section.~~ 9 ~~(b) A purchaser seeking to purchase a manufactured home park, or the~~ 10 ~~land upon which a manufactured home park is located, shall provide such~~ 11 ~~owner with a written letter certifying whether or not the purchaser~~ 12 ~~will, upon the closing of the sale of the park, or within sixty months~~ 13 ~~of such closing, give the notice required pursuant to paragraph six of~~ 14 ~~subdivision b of section two hundred thirty-three of this article, of~~ 15 ~~its intention to use the land upon which the manufactured home park is~~ 16 ~~located for a purpose other than manufactured home lot rentals.~~ 17 ~~(c)~~] If a manufactured home park owner takes any action to market or 18 offer the park for sale, or receives a bona fide offer to purchase a 19 manufactured home park that such manufactured home park owner intends to 20 accept or respond to with a counteroffer, a manufactured home park owner 21 shall include a notice stating that such acceptance or counteroffer 22 shall be subject to the right of the homeowners of the manufactured home 23 park to purchase the manufactured home park pursuant to this subdivi- 24 sion. Notwithstanding any provision of law or agreement to the contrary, 25 every agreement to purchase a manufactured home park by a prospective 26 purchaser of a manufactured home park shall be subject to the right of 27 the homeowners of the manufactured home park to purchase the manufac- 28 tured home park pursuant to this subdivision [~~if the purchaser certifies~~ 29 ~~pursuant to paragraph (b) of this subdivision that he or she intends to~~ 30 ~~change the use of the land~~]. 31 3. (a) If a manufactured home park owner receives a bona fide offer to 32 purchase a manufactured home park that such manufactured home park owner 33 intends to accept or respond to with a counteroffer, [~~and the purchaser~~ 34 ~~has certified pursuant to paragraph (b) of subdivision two of this~~ 35 ~~section that he intends to change the use of the land,~~] such manufac- 36 tured home park owner shall notify: 37 (i) the officers of the manufactured homeowners' association within 38 such park of all the terms thereof; provided that the park owner has 39 been notified of the establishment of a manufactured homeowners' associ- 40 ation and been provided with the names and addresses of the officers of 41 such association; or 42 (ii) if no homeowners' association exists, all manufactured homeowners 43 in the manufactured home park; and 44 (iii) the commissioner of housing and community renewal. 45 (b) The manufactured home park owner's notification shall state: 46 (i) the price; 47 (ii) the material terms and conditions of sale upon which such manu- 48 factured home park owner would sell the park; 49 (iii) that the manufactured homeowners have the right to organize a 50 manufactured homeowners' association or a manufactured homeowners' coop- 51 erative for the park; 52 (iv) that purchase financing may be available through the New York 53 state homes and community renewal; and 54 (v) that the manufactured homeowners' association, a cooperative, or 55 manufactured home owners or tenants have one hundred forty days to exer- 56 cise their right to purchase the park in accordance with this section.

S. 6085 3 1 (c) (i) If a manufactured homeowners' association exists at the time 2 of the offer, the association shall have the right to purchase the park; 3 provided that the association shall have delivered to the manufactured 4 home park owner an executed offer to purchase which meets the identical 5 price, terms, and conditions of the offer or counteroffer provided in 6 the notice of the manufactured home park owner within one hundred forty 7 days of receipt of notice from the manufactured home park owner, unless 8 otherwise agreed to in writing. During this time period, the park owner 9 shall not accept a final unconditional offer to purchase the park. 10 (ii) If an offer to purchase by the association is not delivered with- 11 in such one hundred forty day period, then, unless the park owner there- 12 after elects to offer to sell the park at a price lower than the price 13 specified in the notice to the homeowners' association or at terms 14 substantially different from those presented to the association, the 15 park owner has no further obligations under this section. 16 (iii) If the park owner, after such one hundred forty day period, 17 elects to offer to sell the park at a price lower than the price speci- 18 fied in the notice given or at terms substantially different from those 19 previously presented to the association, then the association shall be 20 entitled to notice thereof and shall have an additional thirty days 21 after receipt of notice of the revised terms to deliver to the park 22 owner an executed offer to purchase which meets the revised price, 23 terms, and conditions as presented by the park owner. 24 (d) (i) If there is no existing homeowners' association at the time of 25 the offer, the homeowners shall have the right to purchase the park; 26 provided the following conditions are met: 27 (A) The manufactured homeowners shall have the right to form a manu- 28 factured homeowners' association, whether incorporated or not. 29 (B) Such homeowners' association shall include at least fifty-one 30 percent of all manufactured homeowners, who shall have given written 31 consent to forming a manufactured homeowners' association. The 32 provisions of section two hundred twenty-three-b of this article shall 33 apply to the formation of a manufactured homeowners' association. 34 (C) The association, acting through its officers, shall have given 35 notice to the park owner of its formation, the names and addresses of 36 its officers, and delivered an executed offer to purchase the park at 37 the identical price, terms, and conditions of the offer presented in the 38 notification given by the park owner within one hundred forty days of 39 receipt of notice from the park owner, unless otherwise agreed to in 40 writing. During this time period, the park owner shall not accept a 41 final unconditional offer to purchase the park. 42 (ii) If the homeowners fail to form a manufactured homeowners' associ- 43 ation, or if upon the formation of a manufactured homeowners' associ- 44 ation, the association does not deliver an executed offer to purchase as 45 set forth in paragraph (a) of this subdivision within the one hundred 46 forty day period, then, unless the park owner elects to offer the park 47 at a price lower than the price specified in the notice previously 48 presented to the homeowners, the park owner has no further obligation 49 under this section; and 50 (iii) If the park owner thereafter elects to sell the park at a price 51 lower than the price specified in the notice to the homeowners or at 52 terms substantially different from those previously presented, then the 53 association shall have an additional thirty days after receipt of notice 54 of the revised terms to deliver to the park owner an executed offer to 55 purchase which meets the revised price, terms, and conditions as 56 presented by the park owner.

S. 6085 4 1 [3] 4. This section does not apply to: 2 (a) Any conveyance of an interest in a manufactured home park inci- 3 dental to the financing of such manufactured home park. 4 (b) The purchase of a manufactured home park by a governmental entity 5 under its powers of eminent domain. 6 [4] 5. Nothing in this section shall be construed to compel the manu- 7 factured home park owner to divide the land and sell it to individual 8 manufactured homeowners. 9 § 2. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law.

Relates to manufactured home parks

What's Happening

Why It Matters