S T A T E O F N E W Y O R K
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5881--A
Cal. No. 600
2023-2024 Regular Sessions
I N S E N A T E
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:
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09312-05-3
S. 5881--A 2
park owner of its establishment and has provided to the park owner the
names and addresses of the officers of such association. The provisions
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;
S. 5881--A 3
(iv) that purchase financing may be available through the New York
state homes and community renewal; and
(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
S. 5881--A 4
the identical price, terms, and conditions of the offer presented in the
notification given by the park owner within one hundred forty days of
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.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
