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A11701 Summary:

BILL NOA11701
 
SAME ASNo Same As
 
SPONSORRules (Eachus)
 
COSPNSR
 
MLTSPNSR
 
Amd §233, RP L
 
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".
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A11701 Text:



 
                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
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