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S05881 Summary:

S05881 Actions:

S05881 Committee Votes:

S05881 Floor Votes:

S05881 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5881--A
            Cal. No. 600
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     March 21, 2023
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community  Development  --  reported  favorably  from  said committee,
          ordered to first and second report, ordered to a third reading, passed
          by Senate and delivered to the Assembly, recalled, vote  reconsidered,
          restored  to  third  reading, amended and ordered reprinted, retaining
          its place in the order of third reading
 
        AN ACT to amend the real property law, in relation to manufactured  home
          parks
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 233-a of the real property law, as added by chapter
     2  561 of the laws of 2008, paragraphs (a) and  (c)  of  subdivision  2  as
     3  amended by section 10 and subdivision 3 as amended by section 11 of part
     4  O of chapter 36 of the laws of 2019, is amended to read as follows:
     5    §  233-a.  Sale  of  manufactured home parks. 1. Whenever used in this
     6  section:
     7    (a) The term "notify" shall mean the placing of a notice in the United
     8  States mail, addressed to the officers of the  manufactured  homeowners'
     9  association  or  the  manufactured  home  park  owner by certified mail,
    10  return receipt requested, or personal delivery upon the officers of  the
    11  manufactured  homeowners' association, or if no manufactured homeowners'
    12  association exists, upon all manufactured homeowners in the manufactured
    13  home park or the manufactured home park owner. Each such notice shall be
    14  deemed to have been given upon the deposit of the notice in  the  United
    15  States mail or upon receipt of personal delivery.
    16    (b)  The term "manufactured homeowners' association", whether incorpo-
    17  rated or not, shall mean an association [of at least fifty-one]  greater
    18  than  fifty  percent  of all manufactured homeowners within the manufac-
    19  tured home park, who shall have given written consent to forming a manu-
    20  factured homeowners' association, and which association has notified the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09312-05-3
        S. 5881--A                          2
 
     1  park owner of its establishment and has provided to the park  owner  the
     2  names  and addresses of the officers of such association. The provisions
     3  of section two hundred twenty-three-b of this article shall apply to the
     4  formation of a manufactured homeowners' association.
     5    2.  [(a)  If a manufactured home park owner receives a bona fide offer
     6  to purchase a manufactured home park that such  manufactured  home  park
     7  owner  intends  to accept, or respond with a counteroffer, such manufac-
     8  tured home  park  owner  shall  require  the  prospective  purchaser  to
     9  provide, in writing, the certification required by paragraph (b) of this
    10  subdivision,  and  shall  not  accept any offer to purchase, nor respond
    11  with a counteroffer until such manufactured home park owner has received
    12  such certification and met the requirements of this section.
    13    (b) A purchaser seeking to purchase a manufactured home park,  or  the
    14  land  upon which a manufactured home park is located, shall provide such
    15  owner with a written letter certifying  whether  or  not  the  purchaser
    16  will,  upon  the closing of the sale of the park, or within sixty months
    17  of such closing, give the notice required pursuant to paragraph  six  of
    18  subdivision  b  of  section two hundred thirty-three of this article, of
    19  its intention to use the land upon which the manufactured home  park  is
    20  located for a purpose other than manufactured home lot rentals.
    21    (c)]  If  a manufactured home park owner takes any action to market or
    22  offer the park for sale, or receives a bona fide  offer  to  purchase  a
    23  manufactured home park that such manufactured home park owner intends to
    24  accept or respond to with a counteroffer, a manufactured home park owner
    25  shall  include  a  notice  stating  that such acceptance or counteroffer
    26  shall be subject to the right of the homeowners of the manufactured home
    27  park to purchase the manufactured home park pursuant  to  this  subdivi-
    28  sion. Notwithstanding any provision of law or agreement to the contrary,
    29  every  agreement  to  purchase a manufactured home park by a prospective
    30  purchaser of a manufactured home park shall be subject to the  right  of
    31  the  homeowners  of  the manufactured home park to purchase the manufac-
    32  tured home park pursuant to this subdivision [if the purchaser certifies
    33  pursuant to paragraph (b) of this subdivision that he or she intends  to
    34  change the use of the land].
    35    3. (a) If a manufactured home park owner receives a bona fide offer to
    36  purchase a manufactured home park that such manufactured home park owner
    37  intends  to accept or respond to with a counteroffer, [and the purchaser
    38  has certified pursuant to paragraph  (b)  of  subdivision  two  of  this
    39  section  that  he  intends to change the use of the land,] such manufac-
    40  tured home park owner shall notify:
    41    (i) the officers of the manufactured  homeowners'  association  within
    42  such  park  of  all  the terms thereof; provided that the park owner has
    43  been notified of the establishment of a manufactured homeowners' associ-
    44  ation and been provided with the names and addresses of the officers  of
    45  such association; or
    46    (ii) if no homeowners' association exists, all manufactured homeowners
    47  in the manufactured home park; and
    48    (iii) the commissioner of housing and community renewal.
    49    (b) The manufactured home park owner's notification shall state:
    50    (i) the price;
    51    (ii)  the  material terms and conditions of sale upon which such manu-
    52  factured home park owner would sell the park;
    53    (iii) that the manufactured homeowners have the right  to  organize  a
    54  manufactured homeowners' association or a manufactured homeowners' coop-
    55  erative for the park;
        S. 5881--A                          3
 
     1    (iv)  that  purchase  financing  may be available through the New York
     2  state homes and community renewal; and
     3    (v)  that  the manufactured homeowners' association, a cooperative, or
     4  manufactured home owners or tenants have one hundred forty days to exer-
     5  cise their right to purchase the park in accordance with this section.
     6    (c) (i) If a manufactured homeowners' association exists at  the  time
     7  of  the  offer,  the  association  shall [have the right to purchase the
     8  park;], within sixty days of receipt of  notice  from  the  park  owner,
     9  deliver  to  the  park  owner  a  notice  of  intent to make an offer to
    10  purchase the park.  If such notice is not  delivered  within  the  sixty
    11  days, the park owner has no further obligation under this section.
    12    (ii)  If the manufactured homeowners' association delivers such intent
    13  to the park owner as required by subparagraph (i) of this paragraph, the
    14  association shall have the right to purchase the park; provided that the
    15  association shall have delivered to the manufactured home park owner  an
    16  executed  offer  to purchase which meets the identical price, terms, and
    17  conditions of the offer or counteroffer provided in the  notice  of  the
    18  manufactured home park owner within one hundred forty days of receipt of
    19  notice from the manufactured home park owner, unless otherwise agreed to
    20  in  writing.  During this time period, the park owner shall not accept a
    21  final unconditional offer to purchase the park.
    22    [(ii)] (iii) If an offer to purchase by the association is not  deliv-
    23  ered  within  such  one  hundred forty day period, then, unless the park
    24  owner thereafter elects to offer to sell the park at a price lower  than
    25  the  price  specified in the notice to the homeowners' association or at
    26  terms substantially different from those presented to  the  association,
    27  the park owner has no further obligations under this section.
    28    [(iii)] (iv) If the park owner, after such one hundred forty day peri-
    29  od,  elects  to  offer  to sell the park at a price lower than the price
    30  specified in the notice given or at terms substantially  different  from
    31  those  previously  presented  to  the  association, then the association
    32  shall be entitled to notice thereof and shall have an additional  thirty
    33  days after receipt of notice of the revised terms to deliver to the park
    34  owner  an  executed  offer  to  purchase  which meets the revised price,
    35  terms, and conditions as presented by the park owner.
    36    (d) (i) If there is no existing homeowners' association at the time of
    37  the offer, the homeowners shall, within sixty days of receipt of  notice
    38  from  the  park  owner,  deliver to the park owner a notice of intent to
    39  make an offer to purchase the park.   Such  notice  must  be  signed  by
    40  greater  than  fifty  percent of all the manufactured home owners within
    41  the manufactured home park.  If such notice is not delivered within  the
    42  sixty days, the park owner has no further obligation under this section.
    43  If  such  notice  is properly provided within sixty days, the homeowners
    44  shall have the right to purchase the park; provided the following condi-
    45  tions are met:
    46    (A) The manufactured homeowners shall have the right to form  a  manu-
    47  factured homeowners' association, whether incorporated or not.
    48    (B)  Such  homeowners'  association shall include [at least fifty-one]
    49  greater than fifty percent of all  manufactured  homeowners,  who  shall
    50  have given written consent to forming a manufactured homeowners' associ-
    51  ation.  The  provisions  of  section  two hundred twenty-three-b of this
    52  article shall apply to the formation of a manufactured homeowners' asso-
    53  ciation.
    54    (C) The association, acting through its  officers,  shall  have  given
    55  notice  to  the  park owner of its formation, the names and addresses of
    56  its officers, and delivered an executed offer to purchase  the  park  at
        S. 5881--A                          4
 
     1  the identical price, terms, and conditions of the offer presented in the
     2  notification  given  by  the park owner within one hundred forty days of
     3  receipt of notice from the park owner, unless  otherwise  agreed  to  in
     4  writing.  During  this  time  period,  the park owner shall not accept a
     5  final unconditional offer to purchase the park[.];
     6    (ii) If the homeowners fail to form a manufactured homeowners' associ-
     7  ation, or if upon the formation of a  manufactured  homeowners'  associ-
     8  ation, the association does not deliver an executed offer to purchase as
     9  set  forth  in  paragraph (a) of this subdivision within the one hundred
    10  forty day period, then, unless the park owner elects to offer  the  park
    11  at  a  price  lower  than  the  price specified in the notice previously
    12  presented to the homeowners, the park owner has  no  further  obligation
    13  under this section; and
    14    (iii)  If the park owner thereafter elects to sell the park at a price
    15  lower than the price specified in the notice to  the  homeowners  or  at
    16  terms  substantially different from those previously presented, then the
    17  association shall have an additional thirty days after receipt of notice
    18  of the revised terms to deliver to the park owner an executed  offer  to
    19  purchase  which  meets  the  revised  price,  terms,  and  conditions as
    20  presented by the park owner.
    21    [3.] 4. This section does not apply to:
    22    (a) Any conveyance of an interest in a manufactured  home  park  inci-
    23  dental to the financing of such manufactured home park.
    24    (b)  The purchase of a manufactured home park by a governmental entity
    25  under its powers of eminent domain.
    26    [4.] 5. Nothing in this section shall be construed to compel the manu-
    27  factured home park owner to divide the land and sell  it  to  individual
    28  manufactured homeowners.
    29    § 2. This act shall take effect on the one hundred eightieth day after
    30  it shall have become a law.