* § 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
incorporated 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' association, and which association has notified the 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 manufactured
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
subdivision. 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 manufactured 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
manufactured 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'
association 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
manufactured 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'
cooperative 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
exercise 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;
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
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) 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
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 have the right to purchase the park;
provided the following conditions are met:

(A) The manufactured homeowners shall have the right to form a
manufactured 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'
association, or if upon the formation of a manufactured homeowners'
association, 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.

* NB There are 2 sb 3's

* 3. This section does not apply to:

(a) Any conveyance of an interest in a manufactured home park
incidental 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.

* NB There are 2 sb 3's

4. Nothing in this section shall be construed to compel the
manufactured home park owner to divide the land and sell it to
individual manufactured homeowners.

* NB Effective until April 22, 2024

* § 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
incorporated or not, shall mean an association greater than fifty
percent of all manufactured homeowners within the manufactured home
park, who shall have given written consent to forming a manufactured
homeowners' association, and which association has notified the 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. 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
subdivision. 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 manufactured home park pursuant to this subdivision.

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, such manufactured
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'
association 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
manufactured 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'
cooperative 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
exercise 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, 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.

(iii) If an offer to purchase by the association is not delivered
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.

(iv) 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
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
conditions are met:

(A) The manufactured homeowners shall have the right to form a
manufactured homeowners' association, whether incorporated or not.

(B) Such homeowners' association shall include greater than fifty
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'
association, or if upon the formation of a manufactured homeowners'
association, 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.

4. This section does not apply to:

(a) Any conveyance of an interest in a manufactured home park
incidental 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.

5. Nothing in this section shall be construed to compel the
manufactured home park owner to divide the land and sell it to
individual manufactured homeowners.

* NB Effective April 22, 2024