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.