S T A T E O F N E W Y O R K
________________________________________________________________________
11701
I N A S S E M B L Y
September 2, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Eachus) --
read once and referred to the Committee on Housing
AN ACT to amend the real property law, in relation to payments deemed as
rent in resident-owned manufactured home communities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 233 of the real property law is
amended by adding a new paragraph 8 to read as follows:
8. THE TERM "RESIDENT-OWNED MANUFACTURED HOME COMMUNITY" SHALL MEAN A
MANUFACTURED HOME PARK, AS DEFINED IN THIS SUBDIVISION, IN WHICH TITLE
TO THE REAL PROPERTY COMPRISING SUCH PARK IS OWNED BY A COOPERATIVE
CORPORATION, NOT-FOR-PROFIT CORPORATION, LIMITED LIABILITY COMPANY, OR
OTHER LEGAL ENTITY IN WHICH A MAJORITY OF THE HOMEOWNERS RESIDING WITHIN
THE PARK ARE MEMBERS, SHAREHOLDERS, OR VOTING PARTICIPANTS WITH GOVER-
NANCE RIGHTS IN THE OPERATION AND MANAGEMENT OF THE PARK.
§ 2. Section 233 of the real property law is amended by adding a new
subdivision z to read as follows:
Z. 1. IN A RESIDENT-OWNED MANUFACTURED HOME COMMUNITY, ANY MONTHLY
OCCUPANCY CHARGE, ASSESSMENT, OR OTHER MANDATORY PAYMENT REQUIRED AS A
CONDITION OF OCCUPANCY AND ADOPTED PURSUANT TO THE GOVERNING DOCUMENTS
OF SUCH COMMUNITY SHALL BE DEEMED RENT SOLELY FOR PURPOSES OF ENFORCE-
MENT PURSUANT TO PARAGRAPH TWO OF SUBDIVISION B OF THIS SECTION, INCLUD-
ING ANY SUMMARY PROCEEDING FOR NONPAYMENT AUTHORIZED THEREUNDER.
2. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO:
(I) APPLY TO CONDOMINIUMS, HOMEOWNER ASSOCIATIONS, PLANNED UNIT DEVEL-
OPMENTS, OR OTHER COMMON-INTEREST COMMUNITIES NOT REGULATED AS MANUFAC-
TURED HOME PARKS UNDER THIS SECTION;
(II) CREATE, EXPAND, OR IMPLY ANY STATUTORY LIEN, FORECLOSURE REMEDY,
OR SECURITY INTEREST FOR UNPAID ASSESSMENTS OR FEES IN ANY COMMON-INTER-
EST COMMUNITY; OR
(III) ALTER OR SUPERSEDE ANY RIGHTS, REMEDIES, OR OBLIGATIONS EXISTING
UNDER ARTICLE NINE-B OF THIS CHAPTER, THE BUSINESS CORPORATION LAW, THE
NOT-FOR-PROFIT CORPORATION LAW, OR THE GOVERNING DOCUMENTS OF ANY ENTITY
OTHER THAN A RESIDENT-OWNED MANUFACTURED HOME COMMUNITY AS DEFINED IN
SUBDIVISION A OF THIS SECTION.
§ 3. This act shall take effect immediately.
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