2023 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  greater  than  fifty
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.  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.
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, 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, 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
this section.
(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
final unconditional offer to purchase the park.
(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
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.
(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
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, 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
manufactured homeowners' association, whether incorporated or not.
(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
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.
4. 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.
5.   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.