Bill Text: NY A05549 | 2023-2024 | General Assembly | Amended

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Bill Title: Removes certain requirements for prospective purchasers of manufactured home parks.

Spectrum: Slight Partisan Bill (Democrat 11-5)

Status: (Introduced) 2023-06-09 - substituted by s5881a [A05549 Detail]

Download: New_York-2023-A05549-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5549--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 16, 2023
                                       ___________

        Introduced  by  M. of A. THIELE, NORRIS, BARRETT, WOERNER, J. A. GIGLIO,
          RIVERA, KELLES, WALLACE, SMITH,  GANDOLFO,  BRABENEC,  HUNTER,  STECK,
          SANTABARBARA,  MEEKS  --  read  once  and referred to the Committee on
          Housing -- committee discharged, bill amended,  ordered  reprinted  as
          amended and recommitted to said committee

        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
    21  park  owner  of its establishment and has provided to the park owner the
    22  names and addresses of the officers of such association. The  provisions

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09312-04-3
        A. 5549--A                          2

     1  of section two hundred twenty-three-b of this article shall apply to the
     2  formation of a manufactured homeowners' association.
     3    2.  [(a)  If a manufactured home park owner receives a bona fide offer
     4  to purchase a manufactured home park that such  manufactured  home  park
     5  owner  intends  to accept, or respond with a counteroffer, such manufac-
     6  tured home  park  owner  shall  require  the  prospective  purchaser  to
     7  provide, in writing, the certification required by paragraph (b) of this
     8  subdivision,  and  shall  not  accept any offer to purchase, nor respond
     9  with a counteroffer until such manufactured home park owner has received
    10  such certification and met the requirements of this section.
    11    (b) A purchaser seeking to purchase a manufactured home park,  or  the
    12  land  upon which a manufactured home park is located, shall provide such
    13  owner with a written letter certifying  whether  or  not  the  purchaser
    14  will,  upon  the closing of the sale of the park, or within sixty months
    15  of such closing, give the notice required pursuant to paragraph  six  of
    16  subdivision  b  of  section two hundred thirty-three of this article, of
    17  its intention to use the land upon which the manufactured home  park  is
    18  located for a purpose other than manufactured home lot rentals.
    19    (c)]  If  a manufactured home park owner takes any action to market or
    20  offer the park for sale, or receives a bona fide  offer  to  purchase  a
    21  manufactured home park that such manufactured home park owner intends to
    22  accept or respond to with a counteroffer, a manufactured home park owner
    23  shall  include  a  notice  stating  that such acceptance or counteroffer
    24  shall be subject to the right of the homeowners of the manufactured home
    25  park to purchase the manufactured home park pursuant  to  this  subdivi-
    26  sion. Notwithstanding any provision of law or agreement to the contrary,
    27  every  agreement  to  purchase a manufactured home park by a prospective
    28  purchaser of a manufactured home park shall be subject to the  right  of
    29  the  homeowners  of  the manufactured home park to purchase the manufac-
    30  tured home park pursuant to this subdivision [if the purchaser certifies
    31  pursuant to paragraph (b) of this subdivision that he or she intends  to
    32  change the use of the land].
    33    3. (a) If a manufactured home park owner receives a bona fide offer to
    34  purchase a manufactured home park that such manufactured home park owner
    35  intends  to accept or respond to with a counteroffer, [and the purchaser
    36  has certified pursuant to paragraph  (b)  of  subdivision  two  of  this
    37  section  that  he  intends to change the use of the land,] such manufac-
    38  tured home park owner shall notify:
    39    (i) the officers of the manufactured  homeowners'  association  within
    40  such  park  of  all  the terms thereof; provided that the park owner has
    41  been notified of the establishment of a manufactured homeowners' associ-
    42  ation and been provided with the names and addresses of the officers  of
    43  such association; or
    44    (ii) if no homeowners' association exists, all manufactured homeowners
    45  in the manufactured home park; and
    46    (iii) the commissioner of housing and community renewal.
    47    (b) The manufactured home park owner's notification shall state:
    48    (i) the price;
    49    (ii)  the  material terms and conditions of sale upon which such manu-
    50  factured home park owner would sell the park;
    51    (iii) that the manufactured homeowners have the right  to  organize  a
    52  manufactured homeowners' association or a manufactured homeowners' coop-
    53  erative for the park;
    54    (iv)  that  purchase  financing  may be available through the New York
    55  state homes and community renewal; and
        A. 5549--A                          3

     1    (v) that the manufactured homeowners' association, a  cooperative,  or
     2  manufactured home owners or tenants have one hundred forty days to exer-
     3  cise their right to purchase the park in accordance with this section.
     4    (c)  (i)  If a manufactured homeowners' association exists at the time
     5  of the offer, the association shall [have  the  right  to  purchase  the
     6  park;],  within  sixty  days  of  receipt of notice from the park owner,
     7  deliver to the park owner a  notice  of  intent  to  make  an  offer  to
     8  purchase  the  park.    If such notice is not delivered within the sixty
     9  days, the park owner has no further obligation under this section.
    10    (ii) If the manufactured homeowners' association delivers such  intent
    11  to the park owner as required by subparagraph (i) of this paragraph, the
    12  association shall have the right to purchase the park; provided that the
    13  association  shall have delivered to the manufactured home park owner an
    14  executed offer to purchase which meets the identical price,  terms,  and
    15  conditions  of  the  offer or counteroffer provided in the notice of the
    16  manufactured home park owner within one hundred forty days of receipt of
    17  notice from the manufactured home park owner, unless otherwise agreed to
    18  in writing. During this time period, the park owner shall not  accept  a
    19  final unconditional offer to purchase the park.
    20    [(ii)]  (iii) If an offer to purchase by the association is not deliv-
    21  ered within such one hundred forty day period,  then,  unless  the  park
    22  owner  thereafter elects to offer to sell the park at a price lower than
    23  the price specified in the notice to the homeowners' association  or  at
    24  terms  substantially  different from those presented to the association,
    25  the park owner has no further obligations under this section.
    26    [(iii)] (iv) If the park owner, after such one hundred forty day peri-
    27  od, elects to offer to sell the park at a price  lower  than  the  price
    28  specified  in  the notice given or at terms substantially different from
    29  those previously presented to  the  association,  then  the  association
    30  shall  be entitled to notice thereof and shall have an additional thirty
    31  days after receipt of notice of the revised terms to deliver to the park
    32  owner an executed offer to  purchase  which  meets  the  revised  price,
    33  terms, and conditions as presented by the park owner.
    34    (d) (i) If there is no existing homeowners' association at the time of
    35  the  offer, the homeowners shall, within sixty days of receipt of notice
    36  from the park owner, deliver to the park owner a  notice  of  intent  to
    37  make  an  offer  to  purchase  the park.   Such notice must be signed by
    38  greater than fifty percent of all the manufactured  home  owners  within
    39  the  manufactured home park.  If such notice is not delivered within the
    40  sixty days, the park owner has no further obligation under this section.
    41  If such notice is properly provided within sixty  days,  the  homeowners
    42  shall have the right to purchase the park; provided the following condi-
    43  tions are met:
    44    (A)  The  manufactured homeowners shall have the right to form a manu-
    45  factured homeowners' association, whether incorporated or not.
    46    (B) Such homeowners' association shall include  [at  least  fifty-one]
    47  greater  than  fifty  percent  of all manufactured homeowners, who shall
    48  have given written consent to forming a manufactured homeowners' associ-
    49  ation. The provisions of section  two  hundred  twenty-three-b  of  this
    50  article shall apply to the formation of a manufactured homeowners' asso-
    51  ciation.
    52    (C)  The  association,  acting  through its officers, shall have given
    53  notice to the park owner of its formation, the names  and  addresses  of
    54  its  officers,  and  delivered an executed offer to purchase the park at
    55  the identical price, terms, and conditions of the offer presented in the
    56  notification given by the park owner within one hundred  forty  days  of
        A. 5549--A                          4

     1  receipt  of  notice  from  the park owner, unless otherwise agreed to in
     2  writing. During this time period, the park  owner  shall  not  accept  a
     3  final unconditional offer to purchase the park[.];
     4    (ii) If the homeowners fail to form a manufactured homeowners' associ-
     5  ation,  or  if  upon the formation of a manufactured homeowners' associ-
     6  ation, the association does not deliver an executed offer to purchase as
     7  set forth in paragraph (a) of this subdivision within  the  one  hundred
     8  forty  day  period, then, unless the park owner elects to offer the park
     9  at a price lower than the  price  specified  in  the  notice  previously
    10  presented  to  the  homeowners, the park owner has no further obligation
    11  under this section; and
    12    (iii) If the park owner thereafter elects to sell the park at a  price
    13  lower  than  the  price  specified in the notice to the homeowners or at
    14  terms substantially different from those previously presented, then  the
    15  association shall have an additional thirty days after receipt of notice
    16  of  the  revised terms to deliver to the park owner an executed offer to
    17  purchase which  meets  the  revised  price,  terms,  and  conditions  as
    18  presented by the park owner.
    19    [3.] 4. This section does not apply to:
    20    (a)  Any  conveyance  of an interest in a manufactured home park inci-
    21  dental to the financing of such manufactured home park.
    22    (b) The purchase of a manufactured home park by a governmental  entity
    23  under its powers of eminent domain.
    24    [4.] 5. Nothing in this section shall be construed to compel the manu-
    25  factured  home  park  owner to divide the land and sell it to individual
    26  manufactured homeowners.
    27    § 2. This act shall take effect on the one hundred eightieth day after
    28  it shall have become a law.