Senate Bill S3433

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3433                                                  A. 4953
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  and  when  printed  to  be committed to the Committee on Housing,
   Construction and Community Development
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to the Committee on Judiciary

 AN  ACT to amend the real property law, in relation to manufactured home
   park owners and change in the use of the land comprising such manufac-
   tured home park
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  6  of subdivision b of section 233 of the real
 property law, as amended by chapter 561 of the laws of 2008, is  amended
 to read as follows:
   6.  (i) The manufactured home park owner or operator proposes a change
 in the use of the land comprising  the  manufactured  home  park,  or  a
 portion  thereof,  on which the manufactured home is located, from manu-
 factured home lot rentals to some other use, provided  the  manufactured
 home owner is given written notice of the proposed change of use and the
 manufactured  home  owner's  need  to secure other accommodations.  SUCH
 NOTICE SHALL INCLUDE: (A) A DESCRIPTION OF THE CHANGE OF USE PROPOSED BY
 THE MANUFACTURED HOME PARK OWNER OR OPERATOR; AND  (B)  A  COPY  OF  ALL
 APPLICATIONS  REQUIRED  TO  AFFECT  SUCH  CHANGE  OF  USE THAT HAVE BEEN
 SUBMITTED TO THE LOCAL GOVERNMENT WITH JURISDICTION. REGARDLESS OF  WHEN
 SUCH  NOTICE MAY BE SERVED, NO EVICTION PROCEEDINGS BASED ON A CHANGE OF
 USE SHALL BE COMMENCED UNTIL SUCH APPLICATIONS HAVE BEEN APPROVED BY THE
 LOCAL GOVERNMENT. Whenever a manufactured home park  owner  or  operator
 gives a notice of proposed change of use to any manufactured home owner,
 the  manufactured  home  park owner or operator shall, at the same time,
 give notice of the proposed change of use to all other manufactured home
 owners in the manufactured home park who  will  be  required  to  secure
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03165-01-9

 S. 3433                             2                            A. 4953
 
 other  accommodations  as  a  result  of  such  proposed  change of use.
 Eviction proceedings based on a change in use  shall  not  be  commenced
 prior to six months from the service of notice of proposed change in use
 or  the  end of the lease term, whichever is later. Such notice shall be
 served in the manner prescribed in section seven hundred thirty-five  of
 the  real  property  actions  and  proceedings law or by certified mail,
 return receipt requested.  NOTHING HEREIN SHALL BE CONSTRUED TO DIMINISH
 OR EXCUSE THE REQUIREMENT  FOR  FACTUAL  ARTICULATION  REQUIRED  BY  ANY
 NOTICE WHICH HERETOFORE MAY HAVE BEEN MADE PURSUANT TO THIS SECTION.
   (ii) Where a purchaser of a manufactured home park certified that such
 purchaser did not intend to change the use of the land pursuant to para-
 graph  (b)  of  subdivision two of section two hundred thirty-three-a of
 this article, no eviction proceedings based on a change of use shall  be
 commenced  until  the  expiration  of  sixty months from the date of the
 closing on the sale of the park. NO  MANUFACTURED  HOME  PARK  OWNER  OR
 OPERATOR SHALL PROCEED UNDER THIS PARAGRAPH TO THE EXTENT THAT IT IS THE
 INTENTION  OF  THE MANUFACTURED HOME PARK OWNER OR OPERATOR TO CAUSE THE
 MANUFACTURED HOME PARK TO BE VACATED.
   § 2. Paragraph (a) of subdivision 2 of section 233-a of the real prop-
 erty law, as added by chapter 561 of the laws of  2008,  is  amended  to
 read as follows:
   (a)  If  a manufactured home park owner MARKETS FOR SALE OR receives a
 bona fide offer to purchase a manufactured home park that such  manufac-
 tured  home  park  owner  intends to accept, such manufactured home park
 owner shall require [the] ANY prospective purchaser to provide, in writ-
 ing, the certification required by paragraph (b)  of  this  subdivision,
 and  shall not accept any offer to purchase, nor respond with a counter-
 offer until such manufactured home park owner has received such  certif-
 ication.
   §  3.  Subdivisions  3 and 4 of section 233-a of the real property law
 are renumbered subdivisions 4 and 5 and a new subdivision 3 is added  to
 read as follows:
   3.  IN  THE  EVENT  THAT  THE MANUFACTURED PARK OWNER OR OPERATOR IS A
 CORPORATION, COMPANY, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR LIMITED
 LIABILITY PARTNERSHIP,  SAID  CORPORATION,  COMPANY,  LIMITED  LIABILITY
 COMPANY,  PARTNERSHIP, OR LIMITED LIABILITY PARTNERSHIP SHALL BE PROHIB-
 ITED FROM SERVING THE NOTICE  REQUIRED  PURSUANT  TO  PARAGRAPH  SIX  OF
 SUBDIVISION B OF SECTION TWO HUNDRED THIRTY-THREE OF THIS ARTICLE, WITH-
 IN  SIXTY  MONTHS  OF  THE SALE, TRANSFER, CONVEYANCE, OR ASSIGNMENT, BY
 OPERATION OF LAW OR OTHERWISE, OF ANY PORTION OF OWNERSHIP  INTEREST  IN
 SAID  CORPORATION,  COMPANY,  LIMITED LIABILITY COMPANY, PARTNERSHIP, OR
 LIMITED LIABILITY PARTNERSHIP.
   § 4. This act shall take effect immediately.