S T A T E O F N E W Y O R K
________________________________________________________________________
11709
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 excluding certain
resident-owned manufactured home communities from certain provisions
relating to rent increases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 233-b of the real property law, as
added by section 12 of part O of chapter 36 of the laws of 2019, is
amended to read as follows:
1. The provisions of this section shall apply to all manufactured
homes located in a manufactured home park as defined in section two
hundred thirty-three of this article; PROVIDED, however, THAT THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
(A) manufactured homes located in manufactured home parks that are
subject to a regulatory agreement with a governmental entity to preserve
affordable housing or that otherwise limits rent increases [are exempt
from the provisions of this section]; OR
(B) RESIDENT-OWNED MANUFACTURED HOME COMMUNITIES PROVIDED THAT: (I)
THE COMMUNITY IS OWNED AND GOVERNED BY RESIDENT-MEMBERS OF THE COMMUNI-
TY; (II) ANY MONTHLY OCCUPANCY CHARGES ARE ESTABLISHED SOLELY TO RECOVER
OPERATING EXPENSES, CAPITAL RESERVES, DEBT SERVICE, INFRASTRUCTURE
IMPROVEMENTS, OR OTHER COSTS OF OPERATING THE COMMUNITY; AND (III) THE
COMMUNITY IS SUBJECT TO AN AFFORDABILITY COVENANT, REGULATORY AGREEMENT,
OR OTHER AFFORDABILITY RESTRICTION IMPOSED BY A FEDERAL, STATE, OR LOCAL
GOVERNMENTAL HOUSING PROGRAM. FOR THE PURPOSES OF THIS SECTION, THE
TERM "RESIDENT-OWNED MANUFACTURED HOME COMMUNITY" MEANS A MANUFACTURED
HOME PARK 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 GOVERNANCE RIGHTS IN THE OPERATION AND MANAGEMENT OF
THE PARK.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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