N.Y. Real Property Law Section 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 § 223-B (Retaliation by landlord against tenant)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 § 223-B (Retaliation by landlord against tenant)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.

Source: Section 233-A — Sale of manufactured home parks, https://www.­nysenate.­gov/legislation/laws/RPP/233-A (updated Apr. 26, 2024; accessed Oct. 26, 2024).

220
Action for use and occupation 221
Rent due on life leases recoverable 222
When rent is apportionable 223
Rights where property or lease is transferred 223‑A
Remedies of lessee when possession is not delivered 223‑B
Retaliation by landlord against tenant 224
Attornment by tenant 225
Notice of action adverse to possession of tenant 226
Effect of renewal on sub-lease 226‑A
Effect of new lease on tenant’s right to remove fixtures or improvements 226‑B
Right to sublease or assign 226‑C
Notice of rent increase or non-renewal of residential tenancy 227
When tenant may surrender premises 227‑A
Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering... 227‑B
Termination of certain contracts by senior citizens 227‑C
Termination of residential lease by victims of domestic violence 227‑D
Discrimination based on domestic violence status 227‑E
Landlord duty to mitigate damages 227‑F
Denial on the basis of involvement in prior disputes prohibited 228
Termination of tenancies at will or by sufferance, by notice 229
Liability of tenant holding over after giving notice of intention to quit 230
Right of tenants to form, join or participate in tenants’ groups 231
Lease, when void 231‑A
Sprinkler system notice in residential leases 231‑B
Flood history and risk notice in residential leases 231‑C
Good cause eviction law notice 232
Duration of certain agreements in New York 232‑A
Notice to terminate monthly tenancy or tenancy from month to month in the city of New York 232‑B
Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York 232‑C
Holding over by a tenant after expiration of a term longer than one month 233
Manufactured home parks 233‑A
Sale of manufactured home parks 233‑B
Manufactured home parks 233‑B*2
Campgrounds 233‑C
Residential ground lease cooperative apartment buildings 234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property 234‑A
Unauthorized legal fees 235
Wilful violations 235‑A
Tenant right to offset payments and entitlement to damages in certain cases 235‑B
Warranty of habitability 235‑BB
Certificates of occupancy 235‑C
Unconscionable lease or clause 235‑D
Harassment 235‑E
Duty to provide a written receipt 235‑F
Unlawful restrictions on occupancy 235‑G
Electronic billing and/or payment of rent 235‑H
Waiver of right to bring a declaratory judgment action 235‑I
Unreasonable tenant fees for reproductions of keys 236
Assignment of lease of a deceased tenant 236‑A
Termination of lease of a deceased tenant 237
Discrimination in leases with respect to bearing of children 237‑A
Discrimination against children in dwelling houses and manufactured home parks 238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies 238‑A
Limitation on fees
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Apr. 26, 2024

§ 233-A’s source at nysenate​.gov

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