S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6085
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               April 7, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 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 percent of
 all manufactured homeowners within the manufactured home park, who shall
 have given written consent to forming a manufactured homeowners' associ-
 ation,  and  which association has notified the park owner of its estab-
 lishment 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  manu-
 factured homeowners' association.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08798-01-1

 S. 6085                             2
 
   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
   (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.

 S. 6085                             3
 
   (c)  (i)  If a manufactured homeowners' association exists at the time
 of the offer, 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) If an offer to purchase by the association is not delivered with-
 in such one hundred forty day period, then, unless the park owner there-
 after  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) If the park owner, after such  one  hundred  forty  day  period,
 elects  to offer to sell the park at a price lower than the price speci-
 fied 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 have the right to purchase the park;
 provided the following conditions 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
 percent of all manufactured homeowners, who  shall  have  given  written
 consent   to   forming   a  manufactured  homeowners'  association.  The
 provisions of section two hundred twenty-three-b of this  article  shall
 apply to the formation of a manufactured homeowners' association.
   (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
 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.

 S. 6085                             4
 
   [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.