NY State Senate Bill 2025-S3835

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to housing, construction and community development

2025-S3835 (ACTIVE) - Details

See Assembly Version of this Bill:: A4893
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Private Housing Finance Law
Laws Affected:: Add Art 20-A §§1125 - 1127, Priv Hous Fin L; amd §2429-b, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S7770, A8601

2025-S3835 (ACTIVE) - Summary

Establishes the manufactured home community preservation act to provide financial and technical assistance, within funds available to counties, municipalities, rural preservation companies, and other non-profit housing organizations for their housing preservation efforts; provides that funds in the mortgage insurance fund can be used to provide financial support to local governments and eligible non-profit housing organizations.

2025-S3835 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3835

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the private housing finance law, in relation to estab-
lishing the manufactured home community preservation act; and to amend
the public authorities law, in relation to the distribution of funds in
the mortgage insurance fund

 
PURPOSE:

To ensure that mobile and manufactured home communities remain a viable
affordable housing option for rural communities in the state by purchas-
ing development rights from owners and by providing funding to non-pro-
fit organizations to purchase the mobile and manufactured home community
and preserve its affordability through a covenant in the deed.

 
SUMMARY OF PROVISIONS:

Section one establishes the Manufactured Home Community Preservation
Act, which creates a program to provide financial aid and technical

assistance to local governments and nonprofit housing organizations for
housing preservation efforts and grants the commissioner certain author-
izations to facilitate this program. Section one additionally directs
funds from the mortgage insurance fund pursuant to section twenty-four
hundred twenty-nine-b of public authorities' law to provide financial
support to local governments or eligible non-profit housing organiza-
tions to acquire the development rights or to outright purchase mobile
homes and manufactured home parks.

Section two amends section twenty-four hundred twenty-nine-b of the
public authorities law to include a provision in the mortgage insurance
fund for the Manufactured Home Community Preservation Act.

Section three amends section twenty-four hundred twenty-nine-b of the
public authorities law to include a provision in the mortgage insurance
fund for the Manufactured Home Community Preservation Act.

Section four states the effective date.

 
JUSTIFICATION:

Mobile and manufactured home communities or mobile home parks are a
vital affordable housing option in rural parts of the state. However,
manufactured home communities in our state are under threat from real
estate speculators who purchase them, increase rents and fees to drive
out residents, and finally to develop them into more expensive housing
options. Due in part to this speculation, mobile and manufactured home
communities have declined from 1,800 in 2019 to only 1,200 in 2022.
Because these homes represent 14% of rural housing stock, this loss is a
significant blow to available affordable housing in rural communities.
As New York State faces a dire shortage of housing stock, especially
affordable and workforce housing, we need to focus our efforts on ensur-
ing available housing for low-income earners. Protecting mobile and
manufactured home communities is a crucial part of that effort.

This bill will protect our rural communities from speculators and ensure
that mobile and manufactured homes remain a viable affordable housing
option. It does this in two ways. First by empowering local governments
or eligible non-profit housing organizations to purchase development
rights from owners, this bill enables owners to retain ownership of the
property and profit from its development potential while ensuring that
the property stays a mobile home park. Second, it allocates funding to
non-profit organizations to purchase mobile home communities and
preserve their affordability through a covenant in the deed.

 
LEGISLATIVE HISTORY:

2023-24: S.7770/A.8601 - REFERRED TO HOUSING/ referred to housing

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to subdivision 1-a of section 2429-b of the public authori-
ties law made by section two of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 19 of chapter
555 of the laws of 1989, as amended when upon such date the provisions
of section three of this act shall take effect.

2025-S3835 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3835
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 private housing finance law, in relation to estab-
   lishing the manufactured home community preservation act; and to amend
   the public authorities law, in relation to the distribution  of  funds
   in the mortgage insurance fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The private housing finance law is amended by adding a  new
 article 20-A to read as follows:
                               ARTICLE XX-A
               MANUFACTURED HOME COMMUNITY PRESERVATION ACT
 SECTION 1125. DEFINITIONS.
         1126. STATE  MOBILE  AND MANUFACTURED HOME COMMUNITIES PRESERVA-
                 TION PROGRAM.
         1127. FINANCIAL  SUPPORT  TO  ACQUIRE  DEVELOPMENT   RIGHTS   OR
                 PURCHASE MOBILE HOME AND MANUFACTURED HOME PARKS.
   § 1125. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "DEVELOPMENT  RIGHTS"  MEANS THE RIGHTS OF THE FEE SIMPLE OWNER TO
 DEVELOP, CONSTRUCT ON, DIVIDE, SELL,  LEASE,  OR  OTHERWISE  CHANGE  THE
 PROPERTY  FROM  ITS  CURRENT  USE  AS A MOBILE HOME OR MANUFACTURED HOME
 PARK, OR OTHER AFFORDABLE HOUSING OPTION AS PERMITTED BY THE LAND COVEN-
 ANT AT THE TIME OF SALE. DEVELOPMENT RIGHTS INCLUDE THE EXERCISE OF  THE
 OWNER'S  RIGHTS  TO  SELL  OR GRANT EASEMENTS OR RIGHTS OF WAY, OR OTHER
 RIGHTS IF BY THAT EXERCISE THE USE OF THE LAND AS A MOBILE HOME OR MANU-
 FACTURED HOME PARK IS  DIMINISHED;  PROVIDED,  HOWEVER,  THAT  THE  TERM
 "DEVELOPMENT  RIGHTS" SHALL NOT INCLUDE THE RIGHTS OF THE OWNER TO SELL,
 LEASE, OR OTHERWISE IMPROVE THE LAND TO PRESERVE, MAINTAIN, OPERATE,  OR
 CONTINUE  THE  LAND  AS  A  MOBILE HOME OR MANUFACTURED HOME PARK OR ALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08128-01-5
 S. 3835                             2

 
 OTHER CUSTOMARY RIGHTS AND PRIVILEGE OF OWNERSHIP, INCLUDING  THE  RIGHT
 TO PRIVACY.
   2.  "CURRENT PROPERTY VALUE" MEANS THE FAIR MARKET VALUE OF A PROPERTY
 THAT IS RESTRICTED BY AN EASEMENT OR COVENANT TO ITS  USE  AS  A  MOBILE
 HOME OR MANUFACTURED HOME PARK RATHER THAN THE HIGHEST OR BEST POTENTIAL
 USE.
   3. "MOBILE HOME AND MANUFACTURED HOME PARK PROTECTION AGREEMENT" MEANS
 PREEMPTIVE  PURCHASE  RIGHTS  OR  OTHER  PROVISIONS  THAT ARE PART OF OR
 LINKED TO A PROTECTION CONSERVATION EASEMENT OR COVENANT  PROVIDING  THE
 EASEMENT  HOLDER  THE  PREFERENTIAL RIGHT TO PURCHASE A PROTECTED MOBILE
 HOME AND MANUFACTURED HOME PARK AT ITS CURRENT USE VALUE  IN  THE  EVENT
 THE  LANDOWNER INTENDS TO SELL SUCH PROPERTY TO A PURCHASER WHO DOES NOT
 INTEND TO MAINTAIN THE PROPERTY AS A MOBILE HOME AND  MANUFACTURED  HOME
 PARK.
   §  1126.  STATE  MOBILE AND MANUFACTURED HOME COMMUNITIES PRESERVATION
 PROGRAM. 1. THE COMMISSIONER, OR THEIR AUTHORIZED DESIGNEE, SHALL INITI-
 ATE AND MAINTAIN A STATE MOBILE AND MANUFACTURED HOME COMMUNITIES  PRES-
 ERVATION  PROGRAM  TO PROVIDE FINANCIAL AND TECHNICAL ASSISTANCE, WITHIN
 FUNDS AVAILABLE TO COUNTIES, MUNICIPALITIES, RURAL  PRESERVATION  COMPA-
 NIES, AND OTHER NON-PROFIT HOUSING ORGANIZATIONS FOR THEIR HOUSING PRES-
 ERVATION EFFORTS.
   2. FOR THE PURPOSES OF SUCH PROGRAM, THE COMMISSIONER SHALL BE AUTHOR-
 IZED TO:
   (A)  DEVELOP GUIDELINES FOR ELIGIBILITY AND AN APPLICATION PROCESS FOR
 FINANCIAL ASSISTANCE;
   (B) PROVIDE TECHNICAL ASSISTANCE OR CONTRACT WITH  THE  RURAL  HOUSING
 COALITION TO PROVIDE TECHNICAL ASSISTANCE TO ELIGIBLE ENTITIES;
   (C)  DISSEMINATE  INFORMATION  TO  LOCAL  GOVERNMENTS, MOBILE HOME AND
 MANUFACTURED HOME PARK RESIDENTS, AND HOUSING  ORGANIZATIONS  ABOUT  THE
 PRESERVATION PROGRAM; AND
   (D)  REPORT  BIENNIALLY  TO THE GOVERNOR AND THE LEGISLATURE REGARDING
 THE ACTIVITIES OF THE COMMISSIONER WITH REGARDS TO THE PROGRAM,  INCLUD-
 ING  THE TYPES OF TECHNICAL ASSISTANCE PROVIDED, THE AMOUNT OF FINANCIAL
 ASSISTANCE PROVIDED, AND THE  NUMBER  OF  MOBILE  HOME  PARKS  PRESERVED
 THROUGH THE PROGRAM.
   §  1127.  FINANCIAL  SUPPORT TO ACQUIRE DEVELOPMENT RIGHTS OR PURCHASE
 MOBILE HOME AND MANUFACTURED HOME  PARKS.  WITHIN  THE  LIMIT  OF  FUNDS
 AVAILABLE IN THE MORTGAGE INSURANCE FUND ESTABLISHED PURSUANT TO SECTION
 TWENTY-FOUR  HUNDRED  TWENTY-NINE-B  OF  THE PUBLIC AUTHORITIES LAW, THE
 COMMISSIONER IS HEREBY AUTHORIZED TO PROVIDE FINANCIAL SUPPORT TO  LOCAL
 GOVERNMENTS  OR ELIGIBLE NON-PROFIT HOUSING ORGANIZATIONS, SUCH AS RURAL
 PRESERVATION COMPANIES, LAND BANKS OR COMMUNITY LAND TRUSTS  TO  ACQUIRE
 THE  DEVELOPMENT RIGHTS OR OUTRIGHT PURCHASE OF MOBILE HOME AND MANUFAC-
 TURED HOME PARKS. SUCH FUNDS MAY BE USED TO ADMINISTER AND  ASSIST  WITH
 THE RELOCATION OF RESIDENTS AND/OR THEIR MOBILE OR MANUFACTURED HOMES TO
 OTHER  LOCATIONS  WITHIN THE STATE AS PER REGULATIONS PROMULGATED BY THE
 COMMISSIONER.
   § 2. Subdivision 1-a of section 2429-b of the public authorities  law,
 as amended by section 13 of chapter 3 of the laws of 2004, is amended to
 read as follows:
   1-a. All moneys held in the mortgage insurance fund, except as herein-
 after  provided,  shall  be used, as required, solely for the payment of
 the agency's liabilities arising from mortgages insured as  provided  in
 section  twenty-four  hundred  twenty-nine-a  of  this part and from the
 provision of development  corporation  credit  support  as  provided  in
 section  twenty-four  hundred  twenty-eight-a  of  this part AND FOR THE
 S. 3835                             3
 
 PROVISION OF FINANCIAL SUPPORT TO LOCAL GOVERNMENTS  AND  ELIGIBLE  NON-
 PROFIT  HOUSING ORGANIZATIONS PURSUANT TO SECTION ELEVEN HUNDRED TWENTY-
 SEVEN OF THE PRIVATE HOUSING FINANCE LAW;  provided,  however,  that  no
 moneys shall be withdrawn from any account at any time in such amount as
 would  reduce  the amount of, as applicable, the special account, either
 pool insurance account or the  development  corporation  credit  support
 account to less than its applicable mortgage insurance fund requirement,
 except for the purpose of paying such liabilities as the same become due
 and  for  the payment of which other moneys of the agency are not avail-
 able. All payments pursuant to section twenty-four hundred twenty-nine-a
 of this part, and expenses attributable thereto shall be debited to  the
 special  account  or  the  single  family  pool insurance account or the
 project pool insurance account or  the  development  corporation  credit
 support account, as appropriate, within the mortgage insurance fund. All
 other  operating  expenses  of  the  agency with respect to insurance of
 mortgages and providing development corporation credit support shall  be
 debited  to  the  special  account,  the  single  family  pool insurance
 account, the project pool insurance account or  the  development  corpo-
 ration  credit  support  account  within the mortgage insurance fund, as
 appropriate.
   § 3. Subdivision 1-a of section 2429-b of the public authorities  law,
 as amended by section 15 of chapter 3 of the laws of 2004, is amended to
 read as follows:
   1-a. All moneys held in the mortgage insurance fund, except as herein-
 after  provided,  shall  be used, as required, solely for the payment of
 the agency's liabilities arising from mortgages insured as  provided  in
 section  twenty-four  hundred  twenty-nine-a  of  this part and from the
 provision of development  corporation  credit  support  as  provided  in
 section  twenty-four  hundred  twenty-eight-a  of  this part AND FOR THE
 PROVISION OF FINANCIAL SUPPORT TO LOCAL GOVERNMENTS  AND  ELIGIBLE  NON-
 PROFIT  HOUSING ORGANIZATIONS PURSUANT TO SECTION ELEVEN HUNDRED TWENTY-
 SEVEN OF THE PRIVATE HOUSING FINANCE LAW;  provided,  however,  that  no
 moneys shall be withdrawn from any account at any time in such amount as
 would  reduce  the  amount of, as applicable, the special account or the
 development corporation credit support account to less than its applica-
 ble mortgage insurance fund  requirement,  except  for  the  purpose  of
 paying  such  liabilities  as the same become due and for the payment of
 which other moneys of the agency are not available. All payments  pursu-
 ant  to  section  twenty-four  hundred  twenty-nine-a  of this part, and
 expenses attributable thereto shall be debited to the special account or
 the development corporation credit support account within  the  mortgage
 insurance  fund. All other operating expenses of the agency with respect
 to insurance of mortgages and providing development  corporation  credit
 support  shall  be  debited  to  the  special account or the development
 corporation credit support account within the mortgage  insurance  fund,
 as appropriate.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision  1-a  of  section  2429-b  of  the  public
 authorities  law made by section two of this act shall be subject to the
 expiration and reversion of such subdivision pursuant to section  19  of
 chapter  555  of  the  laws of 1989, as amended, when upon such date the
 provisions of section three of this act shall take effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3835

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2025-S3835 (ACTIVE) - Details

2025-S3835 (ACTIVE) - Summary

2025-S3835 (ACTIVE) - Sponsor Memo

2025-S3835 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3835

Share this bill

Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2025-S3835 (ACTIVE) - Details

2025-S3835 (ACTIVE) - Summary

2025-S3835 (ACTIVE) - Sponsor Memo

2025-S3835 (ACTIVE) - Bill Text download pdf

Comments