N.Y. Real Property Law § 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.