NY Real Prop L § 233-A (2021)
2021 New York Laws RPP - Real Property Article 7 - Landlord and Tenant 233-A - Sale of Manufactured Home Parks.

§  233-a.  Sale  of  manufactured home parks. 1. Whenever used in this section:  (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 section.  (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.   * NB There are 2 sb 3's   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.