Clarifies that in resident-owned manufactured home communities, certain payments shall be deemed as rent solely for purposes of enforcement of certain eviction provisions; defines "resident-owned manufactured home community".
STATE OF NEW YORK
________________________________________________________________________
11701
IN ASSEMBLY
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:
1 Section 1. Subdivision a of section 233 of the real property law is
2 amended by adding a new paragraph 8 to read as follows:
3 8. The term "resident-owned manufactured home community" shall mean a
4 manufactured home park, as defined in this subdivision, in which title
5 to the real property comprising such park is owned by a cooperative
6 corporation, not-for-profit corporation, limited liability company, or
7 other legal entity in which a majority of the homeowners residing within
8 the park are members, shareholders, or voting participants with gover-
9 nance rights in the operation and management of the park.
10 § 2. Section 233 of the real property law is amended by adding a new
11 subdivision z to read as follows:
12 z. 1. In a resident-owned manufactured home community, any monthly
13 occupancy charge, assessment, or other mandatory payment required as a
14 condition of occupancy and adopted pursuant to the governing documents
15 of such community shall be deemed rent solely for purposes of enforce-
16 ment pursuant to paragraph two of subdivision b of this section, includ-
17 ing any summary proceeding for nonpayment authorized thereunder.
18 2. Nothing in this subdivision shall be construed to:
19 (i) apply to condominiums, homeowner associations, planned unit devel-
20 opments, or other common-interest communities not regulated as manufac-
21 tured home parks under this section;
22 (ii) create, expand, or imply any statutory lien, foreclosure remedy,
23 or security interest for unpaid assessments or fees in any common-inter-
24 est community; or
25 (iii) alter or supersede any rights, remedies, or obligations existing
26 under article nine-b of this chapter, the business corporation law, the
27 not-for-profit corporation law, or the governing documents of any entity
28 other than a resident-owned manufactured home community as defined in
29 subdivision a of this section.
30 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16249-01-6