dliu1/legal-llama-raw-text huggingface dataset:
the  entire  amount  of  such reduction against the first monthly rental
payment due sixty days after the last  date  for  the  payment  of  real
property taxes with no penalty or interest for lateness, and the balance
thereof,  if  any, may be offset against the monthly rental payments for
succeeding months, until exhausted; or
(c) at the election of the manufactured home park owner, operator,  or
agent  of  such owner or operator, the total amount of such reduction in
rent may be paid to the tenant no later than sixty days after  the  last
date  for the payment of real property taxes with no penalty or interest
for lateness.
4. The failure of a manufactured home park owner or operator to comply
with the provisions of this subdivision shall be a violation  punishable
by a fine not to exceed five hundred dollars for each violation.
x.  1.  Rent  and  other  fees,  charges  and  assessments  may not be
increased by a manufactured home park owner or operator more  than  once
in any year.
2.   Notwithstanding   the   provisions   of  paragraph  one  of  this
subdivision,  if  a  fee,  charge,  or  assessment  in  effect  at   the
commencement  of a lease or tenancy is for goods or services provided by
a party unrelated to and not controlled by the  manufactured  home  park
owner  or  operator,  the  manufactured home park owner or operator may,
upon the notice required in this section, provide for the pass-along  to
the  manufactured  home  tenant  of any increases in such fee, charge or
3. Any agreement modifying  any  of  the  rights  set  forth  in  this
subdivision shall be void as contrary to public policy.
y.  1.  No  manufactured  home  park  owner or operator shall offer or
execute a rent-to-own contract unless the  manufactured  park  owner  or
operator  possesses documentation of ownership of the manufactured home,
including a certificate  of  title  to  the  home,  if  the  home  is  a
manufactured  home subject to being titled pursuant to article forty-six
of the vehicle and traffic law, or for mobile homes not subject to being
titled pursuant to such law, such other documentation, which may include
a bill of sale, or deed, sufficient to establish ownership.
2. Every rent-to-own contract shall be in writing  and  clearly  state
all terms, including but not limited to: a description of the home to be
leased,  including  the  name of the manufacturer, the serial number and
the year of manufacture; the site number upon which the home is  located
in  the manufactured home park; an itemized statement of any payments to
be made during the term of the contract, including the initial lot rent,
the rental amount for the  home,  and  the  amount  of  the  rent-to-own
payments;  the  term of the agreement; the number of payments, itemized,
required to be made over the term of the agreement; any lien or security
interest encumbering the manufactured or mobile home, if applicable; and
the amount of any  additional  fees  to  be  paid  during  the  term.  A
rent-to-own contract shall not require a manufactured home tenant to pay
any  additional  fees  for transfer of ownership at the end of the lease
period. A rent-to-own contract shall provide that where the  rent-to-own
tenant  pays  all rent-to-own payments and other fees established in the
contract during the lease term, title transferred  at  the  end  of  the
lease term shall be free of superior interests, liens or encumbrances.
3.  Valuations  used  to  determine  the  fair  market  value  of  the
manufactured home at the time the rent-to-own contract is entered  into,
shall  be  based  on  the information provided by an independent system,
entity, publication or publications that provide  valuation  information
for  manufactured  homes  adjusted,  as  appropriate,  by reasonable and
identifiable regional  market  data,  such  as  location,  park-specific
amenities, trends and comparable sales.
4.   Every   rent-to-own   contract   shall  clearly  state  that  the
manufactured home tenant is occupying a rented home, until ownership  is
transferred,  and  that  the  manufactured  home park owner and operator
shall be responsible for compliance with the warranty  of  habitability,
including but not limited to all major repairs and capital improvements.
5.  With the execution of every rent-to-own contract, the manufactured
home park owner or operator shall offer the manufactured home  tenant  a
lease  for  the  site  on  which  the  home  is  located  as provided in
subdivision f of this section, and,  if  the  term  of  the  rent-to-own
contract  is longer than the term of the initial site lease, shall offer
renewal leases on the  same  terms  as  provided  to  manufactured  home
tenants  within  the  park  pursuant  to  subdivision e of this section,
provided that such renewal lease may not include a rent increase greater
than that imposed on similarly situated manufactured home  tenants  that
own their home within the park.
6.  The  manufactured  home  park owner or operator shall provide each
manufactured home tenant who is a party to  a  rent-to-own  contract  an
itemized   accounting   listing   all  payments  made  pursuant  to  the
rent-to-own contract. Such accounting shall be  provided  no  less  than
once each year, beginning one year from the execution of the rent-to-own
contract.  Upon  request by a manufactured home tenant, the manufactured
home park owner or operator shall provide such an accounting within  ten
days of such request.
7.  Any  successor to ownership of the manufactured home park shall be
bound by the terms of a rent-to-own  contract  entered  into  after  the
effective date of this subdivision.
8.  If  a  manufactured  home  tenant's  tenancy  is terminated by the
manufactured  home  park  owner  or  operator  during  the  term  of   a
rent-to-own  contract,  all rent-to-own payments made during the term of
the contract shall be refunded to the manufactured  home  tenant;  if  a
manufactured  home park owner or operator fails to refund such payments,
in an eviction proceeding, the court may  award  the  manufactured  home
renter  damages in the amount of the rent-to-own payments which have not
been refunded.
9. It is a violation of this section  for  a  manufactured  home  park
owner or operator to make any material misrepresentation, either written
or  oral,  regarding  any  of the terms of a rent-to-own contract, or to
obtain, or attempt to obtain, a waiver from any manufactured home renter
of any protection or right provided under this subdivision.
10. (i) If a manufactured home park owner  or  operator  violates  the
provisions  of this subdivision or wrongfully evicts a manufactured home
tenant who is a party to a  rent-to-own  contract,  a  court  may  award
damages   including   treble   the  economic  damages  suffered  by  the
manufactured home tenant, which may include  all  rent-to-own  payments.
The  court  may  also  provide for reasonable attorney fees and costs of
litigation, and other equitable relief.
(ii) Failure of the manufactured home park owner or operator to comply
with  this  section  shall  give  the  manufactured  home   renter   the
unconditional  right  to  cancel  the  rent-to-own  contract and receive
immediate refund of all payments and deposits made on account of  or  in
contemplation of the lease with the rent-to-own contract.
11.  The provisions of this section apply to rent-to-own contracts and
tenants with rent-to-own contracts.
§  233-a.  Sale of manufactured home parks. 1. Whenever used in this
(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
(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.
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
incorporated or not,  shall  mean  an  association  greater  than  fifty
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
shall  include  a  notice  stating  that such acceptance or counteroffer
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
intends  to  accept or respond to with a counteroffer, such manufactured
home park owner shall notify:
(ii) the material  terms  and  conditions  of  sale  upon  which  such
(iii)  that  the  manufactured homeowners have the right to organize a
(iv)  that  purchase  financing  may be available through the New York
(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
(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
(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
(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
substantially  different  from  those  presented to the association, the
(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
owner  an  executed  offer  to  purchase  which meets the revised price,
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
(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
(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
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
(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
of the revised terms to deliver to the park owner an executed  offer  to
purchase  which  meets  the  revised  price,  terms,  and  conditions as
4. This section does not apply to:
(a) Any  conveyance  of  an  interest  in  a  manufactured  home  park
(b)  The purchase of a manufactured home park by a governmental entity
5.  Nothing  in  this  section  shall  be  construed  to  compel   the
manufactured  home  park  owner  to  divide  the  land  and  sell  it to
* NB Effective April 22, 2024
§  233-b. Manufactured home parks; rent increases. 1. The provisions
of this section shall apply to  all  manufactured  homes  located  in  a
manufactured home park as defined in section two hundred thirty-three of
this  article,  however  manufactured homes located in manufactured home
parks that are subject to a regulatory  agreement  with  a  governmental
entity  to  preserve  affordable  housing  or that otherwise limits rent
increases are exempt from the provisions of this section.
2. Increases in rent shall not exceed a three percent  increase  above
the  rent since the current rent became effective. In this section, rent
shall mean all costs, including all rent,  fees,  charges,  assessments,
and utilities. Notwithstanding the above, a manufactured home park owner
is  permitted  to increase the rent in excess of three percent above the
rent since the current rent became effective, due to:
(a)  Increases  in  the  manufactured  home  park  owner's   operating
expenses.
(b)  Increases in the manufactured home park owner's property taxes on
such park.
(c)  Increases  in  costs  which  are  directly  related  to   capital
improvements in the park.
3.  An  increase above three percent may be challenged by an aggrieved
manufactured homeowner as unjustified. Multiple  aggrieved  manufactured
homeowners  may join in the same action where there is a common question
of law and fact.
4.  Within  ninety  days  of  the  proposed  increase,  an   aggrieved
manufactured  homeowner  may challenge such increase by filing an action
in the court of appropriate subject matter jurisdiction where  the  real
property  is  located  seeking  a  declaratory  judgment  that  the rent
increase is unjustifiable.