STATE OF NEW YORK ________________________________________________________________________ 5881--A Cal. No. 600 2023-2024 Regular Sessions IN SENATE March 21, 2023 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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] greater 18 than fifty percent of all manufactured homeowners within the manufac- 19 tured home park, who shall have given written consent to forming a manu- 20 factured homeowners' association, and which association has notified the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09312-05-3
S. 5881--A 2 1 park owner of its establishment and has provided to the park owner the 2 names and addresses of the officers of such association. The provisions 3 of section two hundred twenty-three-b of this article shall apply to the 4 formation of a manufactured homeowners' association. 5 2. [(a) If a manufactured home park owner receives a bona fide offer 6 to purchase a manufactured home park that such manufactured home park 7 owner intends to accept, or respond with a counteroffer, such manufac- 8 tured home park owner shall require the prospective purchaser to 9 provide, in writing, the certification required by paragraph (b) of this 10 subdivision, and shall not accept any offer to purchase, nor respond 11 with a counteroffer until such manufactured home park owner has received 12 such certification and met the requirements of this section. 13 (b) A purchaser seeking to purchase a manufactured home park, or the 14 land upon which a manufactured home park is located, shall provide such 15 owner with a written letter certifying whether or not the purchaser 16 will, upon the closing of the sale of the park, or within sixty months 17 of such closing, give the notice required pursuant to paragraph six of 18 subdivision b of section two hundred thirty-three of this article, of 19 its intention to use the land upon which the manufactured home park is 20 located for a purpose other than manufactured home lot rentals. 21 (c)] If a manufactured home park owner takes any action to market or 22 offer the park for sale, or receives a bona fide offer to purchase a 23 manufactured home park that such manufactured home park owner intends to 24 accept or respond to with a counteroffer, a manufactured home park owner 25 shall include a notice stating that such acceptance or counteroffer 26 shall be subject to the right of the homeowners of the manufactured home 27 park to purchase the manufactured home park pursuant to this subdivi- 28 sion. Notwithstanding any provision of law or agreement to the contrary, 29 every agreement to purchase a manufactured home park by a prospective 30 purchaser of a manufactured home park shall be subject to the right of 31 the homeowners of the manufactured home park to purchase the manufac- 32 tured home park pursuant to this subdivision [if the purchaser certifies 33 pursuant to paragraph (b) of this subdivision that he or she intends to 34 change the use of the land]. 35 3. (a) If a manufactured home park owner receives a bona fide offer to 36 purchase a manufactured home park that such manufactured home park owner 37 intends to accept or respond to with a counteroffer, [and the purchaser 38 has certified pursuant to paragraph (b) of subdivision two of this 39 section that he intends to change the use of the land,] such manufac- 40 tured home park owner shall notify: 41 (i) the officers of the manufactured homeowners' association within 42 such park of all the terms thereof; provided that the park owner has 43 been notified of the establishment of a manufactured homeowners' associ- 44 ation and been provided with the names and addresses of the officers of 45 such association; or 46 (ii) if no homeowners' association exists, all manufactured homeowners 47 in the manufactured home park; and 48 (iii) the commissioner of housing and community renewal. 49 (b) The manufactured home park owner's notification shall state: 50 (i) the price; 51 (ii) the material terms and conditions of sale upon which such manu- 52 factured home park owner would sell the park; 53 (iii) that the manufactured homeowners have the right to organize a 54 manufactured homeowners' association or a manufactured homeowners' coop- 55 erative for the park;
S. 5881--A 3 1 (iv) that purchase financing may be available through the New York 2 state homes and community renewal; and 3 (v) that the manufactured homeowners' association, a cooperative, or 4 manufactured home owners or tenants have one hundred forty days to exer- 5 cise their right to purchase the park in accordance with this section. 6 (c) (i) If a manufactured homeowners' association exists at the time 7 of the offer, the association shall [have the right to purchase the 8 park;], within sixty days of receipt of notice from the park owner, 9 deliver to the park owner a notice of intent to make an offer to 10 purchase the park. If such notice is not delivered within the sixty 11 days, the park owner has no further obligation under this section. 12 (ii) If the manufactured homeowners' association delivers such intent 13 to the park owner as required by subparagraph (i) of this paragraph, the 14 association shall have the right to purchase the park; provided that the 15 association shall have delivered to the manufactured home park owner an 16 executed offer to purchase which meets the identical price, terms, and 17 conditions of the offer or counteroffer provided in the notice of the 18 manufactured home park owner within one hundred forty days of receipt of 19 notice from the manufactured home park owner, unless otherwise agreed to 20 in writing. During this time period, the park owner shall not accept a 21 final unconditional offer to purchase the park. 22 [(ii)] (iii) If an offer to purchase by the association is not deliv- 23 ered within such one hundred forty day period, then, unless the park 24 owner thereafter elects to offer to sell the park at a price lower than 25 the price specified in the notice to the homeowners' association or at 26 terms substantially different from those presented to the association, 27 the park owner has no further obligations under this section. 28 [(iii)] (iv) If the park owner, after such one hundred forty day peri- 29 od, elects to offer to sell the park at a price lower than the price 30 specified in the notice given or at terms substantially different from 31 those previously presented to the association, then the association 32 shall be entitled to notice thereof and shall have an additional thirty 33 days after receipt of notice of the revised terms to deliver to the park 34 owner an executed offer to purchase which meets the revised price, 35 terms, and conditions as presented by the park owner. 36 (d) (i) If there is no existing homeowners' association at the time of 37 the offer, the homeowners shall, within sixty days of receipt of notice 38 from the park owner, deliver to the park owner a notice of intent to 39 make an offer to purchase the park. Such notice must be signed by 40 greater than fifty percent of all the manufactured home owners within 41 the manufactured home park. If such notice is not delivered within the 42 sixty days, the park owner has no further obligation under this section. 43 If such notice is properly provided within sixty days, the homeowners 44 shall have the right to purchase the park; provided the following condi- 45 tions are met: 46 (A) The manufactured homeowners shall have the right to form a manu- 47 factured homeowners' association, whether incorporated or not. 48 (B) Such homeowners' association shall include [at least fifty-one] 49 greater than fifty percent of all manufactured homeowners, who shall 50 have given written consent to forming a manufactured homeowners' associ- 51 ation. The provisions of section two hundred twenty-three-b of this 52 article shall apply to the formation of a manufactured homeowners' asso- 53 ciation. 54 (C) The association, acting through its officers, shall have given 55 notice to the park owner of its formation, the names and addresses of 56 its officers, and delivered an executed offer to purchase the park at
S. 5881--A 4 1 the identical price, terms, and conditions of the offer presented in the 2 notification given by the park owner within one hundred forty days of 3 receipt of notice from the park owner, unless otherwise agreed to in 4 writing. During this time period, the park owner shall not accept a 5 final unconditional offer to purchase the park[.]; 6 (ii) If the homeowners fail to form a manufactured homeowners' associ- 7 ation, or if upon the formation of a manufactured homeowners' associ- 8 ation, the association does not deliver an executed offer to purchase as 9 set forth in paragraph (a) of this subdivision within the one hundred 10 forty day period, then, unless the park owner elects to offer the park 11 at a price lower than the price specified in the notice previously 12 presented to the homeowners, the park owner has no further obligation 13 under this section; and 14 (iii) If the park owner thereafter elects to sell the park at a price 15 lower than the price specified in the notice to the homeowners or at 16 terms substantially different from those previously presented, then the 17 association shall have an additional thirty days after receipt of notice 18 of the revised terms to deliver to the park owner an executed offer to 19 purchase which meets the revised price, terms, and conditions as 20 presented by the park owner. 21 [3.] 4. This section does not apply to: 22 (a) Any conveyance of an interest in a manufactured home park inci- 23 dental to the financing of such manufactured home park. 24 (b) The purchase of a manufactured home park by a governmental entity 25 under its powers of eminent domain. 26 [4.] 5. Nothing in this section shall be construed to compel the manu- 27 factured home park owner to divide the land and sell it to individual 28 manufactured homeowners. 29 § 2. This act shall take effect on the one hundred eightieth day after 30 it shall have become a law.