§ 233-A SECTION 233-A Sale of manufactured home parks
RPL § 233-A
§ 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.
(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.
(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.
(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;
4.This section does not apply to:
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.
