S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5549
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by  M. of A. THIELE, NORRIS, BARRETT, WOERNER, J. A. GIGLIO,
   RIVERA, KELLES, WALLACE, SMITH,  GANDOLFO,  BRABENEC,  HUNTER,  STECK,
   SANTABARBARA,  MEEKS  --  read  once  and referred to the Committee on
   Housing
 
 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:
 
   Section 1. Section 233-a of the real property law, as added by chapter
 561 of the laws of 2008, paragraphs (a) and  (c)  of  subdivision  2  as
 amended by section 10 and subdivision 3 as amended by section 11 of part
 O of chapter 36 of the laws of 2019, is amended to read as follows:
   §  233-a.  Sale  of  manufactured home parks. 1. Whenever used in this
 section:
   (a) The term "notify" shall mean the placing of a notice in the United
 States mail, addressed to the officers of the  manufactured  homeowners'
 association  or  the  manufactured  home  park  owner by certified mail,
 return receipt requested, or personal delivery upon the officers of  the
 manufactured  homeowners' association, or if no manufactured homeowners'
 association exists, upon all manufactured homeowners in the manufactured
 home park or the manufactured home park owner. Each such notice shall be
 deemed to have been given upon the deposit of the notice in  the  United
 States mail or upon receipt of personal delivery.
   (b)  The term "manufactured homeowners' association", whether incorpo-
 rated or not, shall mean an association [of at least fifty-one]  GREATER
 THAN  FIFTY  percent  of all manufactured homeowners within the manufac-
 tured home park, who shall have given written consent to forming a manu-
 factured homeowners' association, and which association has notified the
 park owner of its establishment and has provided to the park  owner  the
 names  and addresses of the officers of such association. The provisions

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09312-03-3
 A. 5549                             2
              

 
 of section two hundred twenty-three-b of this article shall apply to the
 formation of a manufactured homeowners' association.
   2.  [(a)  If a manufactured home park owner receives a bona fide offer
 to purchase a manufactured home park that such  manufactured  home  park
 owner  intends  to accept, or respond with a counteroffer, such manufac-
 tured home  park  owner  shall  require  the  prospective  purchaser  to
 provide, in writing, the certification required by paragraph (b) of this
 subdivision,  and  shall  not  accept any offer to purchase, nor respond
 with a counteroffer until such manufactured home park owner has received
 such certification and met the requirements of this section.
   (b) A purchaser seeking to purchase a manufactured home park,  or  the
 land  upon which a manufactured home park is located, shall provide such
 owner with a written letter certifying  whether  or  not  the  purchaser
 will,  upon  the closing of the sale of the park, or within sixty months
 of such closing, give the notice required pursuant to paragraph  six  of
 subdivision  b  of  section two hundred thirty-three of this article, of
 its intention to use the land upon which the manufactured home  park  is
 located for a purpose other than manufactured home lot rentals.
   (c)]  If  a manufactured home park owner takes any action to market or
 offer the park for sale, or receives a bona fide  offer  to  purchase  a
 manufactured home park that such manufactured home park owner intends to
 accept or respond to with a counteroffer, a manufactured home park owner
 shall  include  a  notice  stating  that such acceptance or counteroffer
 shall be subject to the right of the homeowners of the manufactured home
 park to purchase the manufactured home park pursuant  to  this  subdivi-
 sion. Notwithstanding any provision of law or agreement to the contrary,
 every  agreement  to  purchase a manufactured home park by a prospective
 purchaser of a manufactured home park shall be subject to the  right  of
 the  homeowners  of  the manufactured home park to purchase the manufac-
 tured home park pursuant to this subdivision [if the purchaser certifies
 pursuant to paragraph (b) of this subdivision that he or she intends  to
 change the use of the land].
   3. (a) If a manufactured home park owner receives a bona fide offer to
 purchase a manufactured home park that such manufactured home park owner
 intends  to accept or respond to with a counteroffer, [and the purchaser
 has certified pursuant to paragraph  (b)  of  subdivision  two  of  this
 section  that  he  intends to change the use of the land,] such manufac-
 tured home park owner shall notify:
   (i) the officers of the manufactured  homeowners'  association  within
 such  park  of  all  the terms thereof; provided that the park owner has
 been notified of the establishment of a manufactured homeowners' associ-
 ation and been provided with the names and addresses of the officers  of
 such association; or
   (ii) if no homeowners' association exists, all manufactured homeowners
 in the manufactured home park; and
   (iii) the commissioner of housing and community renewal.
   (b) The manufactured home park owner's notification shall state:
   (i) the price;
   (ii)  the  material terms and conditions of sale upon which such manu-
 factured home park owner would sell the park;
   (iii) that the manufactured homeowners have the right  to  organize  a
 manufactured homeowners' association or a manufactured homeowners' coop-
 erative for the park;
   (iv)  that  purchase  financing  may be available through the New York
 state homes and community renewal; and
 A. 5549                             3

   (v) that the manufactured homeowners' association, a  cooperative,  or
 manufactured home owners or tenants have one hundred forty days to exer-
 cise their right to purchase the park in accordance with this section.
   (c)  (i)  If a manufactured homeowners' association exists at the time
 of the offer, the association shall [have  the  right  to  purchase  the
 park;],  WITHIN  SIXTY  DAYS  OF  RECEIPT OF NOTICE FROM THE PARK OWNER,
 DELIVER TO THE PARK OWNER A  NOTICE  OF  INTENT  TO  MAKE  AN  OFFER  TO
 PURCHASE  THE  PARK.    IF SUCH NOTICE IS NOT DELIVERED WITHIN THE SIXTY
 DAYS, THE PARK OWNER HAS NO FURTHER OBLIGATION UNDER THIS SECTION.
   (II) IF THE MANUFACTURED HOMEOWNERS' ASSOCIATION DELIVERS SUCH  INTENT
 TO THE PARK OWNER AS REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE
 ASSOCIATION SHALL HAVE THE RIGHT TO PURCHASE THE PARK; provided that the
 association  shall have delivered to the manufactured home park owner an
 executed offer to purchase which meets the identical price,  terms,  and
 conditions  of  the  offer or counteroffer provided in the notice of the
 manufactured home park owner within one hundred forty days of receipt of
 notice from the manufactured home park owner, unless otherwise agreed to
 in writing. During this time period, the park owner shall not  accept  a
 final unconditional offer to purchase the park.
   [(ii)]  (III) If an offer to purchase by the association is not deliv-
 ered within such one hundred forty day period,  then,  unless  the  park
 owner  thereafter elects to offer to sell the park at a price lower than
 the price specified in the notice to the homeowners' association  or  at
 terms  substantially  different from those presented to the association,
 the park owner has no further obligations under this section.
   [(iii)] (IV) If the park owner, after such one hundred forty day peri-
 od, elects to offer to sell the park at a price  lower  than  the  price
 specified  in  the notice given or at terms substantially different from
 those previously presented to  the  association,  then  the  association
 shall  be entitled to notice thereof and shall have an additional thirty
 days after receipt of notice of the revised terms to deliver to the park
 owner an executed offer to  purchase  which  meets  the  revised  price,
 terms, and conditions as presented by the park owner.
   (d) (i) If there is no existing homeowners' association at the time of
 the  offer, the homeowners shall, WITHIN SIXTY DAYS OF RECEIPT OF NOTICE
 FROM THE PARK OWNER, DELIVER TO THE PARK OWNER A  NOTICE  OF  INTENT  TO
 MAKE  AN  OFFER  TO  PURCHASE  THE PARK.   SUCH NOTICE MUST BE SIGNED BY
 GREATER THAN FIFTY PERCENT OF ALL THE MANUFACTURED  HOME  OWNERS  WITHIN
 THE  MANUFACTURED HOME PARK.  IF SUCH NOTICE IS NOT DELIVERED WITHIN THE
 SIXTY DAYS, THE PARK OWNER HAS NO FURTHER OBLIGATION UNDER THIS SECTION.
 IF SUCH NOTICE IS PROPERLY PROVIDED WITHIN SIXTY  DAYS,  THE  HOMEOWNERS
 SHALL have the right to purchase the park; provided the following condi-
 tions are met:
   (A)  The  manufactured homeowners shall have the right to form a manu-
 factured homeowners' association, whether incorporated or not.
   (B) Such homeowners' association shall include  [at  least  fifty-one]
 GREATER  THAN  FIFTY  percent  of all manufactured homeowners, who shall
 have given written consent to forming a manufactured homeowners' associ-
 ation. The provisions of section  two  hundred  twenty-three-b  of  this
 article shall apply to the formation of a manufactured homeowners' asso-
 ciation.
   (C)  The  association,  acting  through its officers, shall have given
 notice to the park owner of its formation, the names  and  addresses  of
 its  officers,  and  delivered an executed offer to purchase the park at
 the identical price, terms, and conditions of the offer presented in the
 notification given by the park owner within one hundred  forty  days  of
 A. 5549                             4
 
 receipt  of  notice  from  the park owner, unless otherwise agreed to in
 writing. During this time period, the park  owner  shall  not  accept  a
 final unconditional offer to purchase the park[.];
   (ii) If the homeowners fail to form a manufactured homeowners' associ-
 ation,  or  if  upon the formation of a manufactured homeowners' associ-
 ation, the association does not deliver an executed offer to purchase as
 set forth in paragraph (a) of this subdivision within  the  one  hundred
 forty  day  period, then, unless the park owner elects to offer the park
 at a price lower than the  price  specified  in  the  notice  previously
 presented  to  the  homeowners, the park owner has no further obligation
 under this section; and
   (iii) If the park owner thereafter elects to sell the park at a  price
 lower  than  the  price  specified in the notice to the homeowners or at
 terms substantially different from those previously presented, then  the
 association shall have an additional thirty days after receipt of notice
 of  the  revised terms to deliver to the park owner an executed offer to
 purchase which  meets  the  revised  price,  terms,  and  conditions  as
 presented by the park owner.
   [3.] 4. This section does not apply to:
   (a)  Any  conveyance  of an interest in a manufactured home park inci-
 dental to the financing of such manufactured home park.
   (b) The purchase of a manufactured home park by a governmental  entity
 under its powers of eminent domain.
   [4.] 5. Nothing in this section shall be construed to compel the manu-
 factured  home  park  owner to divide the land and sell it to individual
 manufactured homeowners.
   6. OWNERS OF MANUFACTURED HOMES, A  MANUFACTURED  HOMEOWNER'S  ASSOCI-
 ATION,  OR  ANY  OTHER IMPACTED PARTY MAY BRING AN ACTION FOR INJUNCTIVE
 RELIEF, ACTUAL DAMAGES, AND ATTORNEYS' FEES AND COSTS FOR ANY  VIOLATION
 OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.