§ 233-A — Sale of manufactured home parks

§ 233-a. Sale of manufactured home parks. 1. Whenever used in this\nsection:\n (a) The term "notify" shall mean the placing of a notice in the United\nStates mail, addressed to the officers of the manufactured homeowners'\nassociation or the manufactured home park owner by certified mail,\nreturn receipt requested, or personal delivery upon the officers of the\nmanufactured homeowners' association, or if no manufactured homeowners'\nassociation exists, upon all manufactured homeowners in the manufactured\nhome park or the manufactured home park owner. Each such notice shall be\ndeemed to have been given upon the deposit of the notice in the United\nStates mail or upon receipt of personal delivery.\n (b) The term "manufactured homeowners' association", whether\nincorporated or not, shall mean an association greater than fifty\npercent of all manufactured homeowners within the manufactured home\npark, who shall have given written consent to forming a manufactured\nhomeowners' association, and which association has notified the park\nowner of its establishment and has provided to the park owner the names\nand addresses of the officers of such association. The provisions of\nsection two hundred twenty-three-b of this article shall apply to the\nformation of a manufactured homeowners' association.\n 2. If a manufactured home park owner takes any action to market or\noffer the park for sale, or receives a bona fide offer to purchase a\nmanufactured home park that such manufactured home park owner intends to\naccept or respond to with a counteroffer, a manufactured home park owner\nshall include a notice stating that such acceptance or counteroffer\nshall be subject to the right of the homeowners of the manufactured home\npark to purchase the manufactured home park pursuant to this\nsubdivision. Notwithstanding any provision of law or agreement to the\ncontrary, every agreement to purchase a manufactured home park by a\nprospective purchaser of a manufactured home park shall be subject to\nthe right of the homeowners of the manufactured home park to purchase\nthe manufactured home park pursuant to this subdivision.\n 3. (a) If a manufactured home park owner receives a bona fide offer to\npurchase a manufactured home park that such manufactured home park owner\nintends to accept or respond to with a counteroffer, such manufactured\nhome park owner shall notify:\n (i) the officers of the manufactured homeowners' association within\nsuch park of all the terms thereof; provided that the park owner has\nbeen notified of the establishment of a manufactured homeowners'\nassociation and been provided with the names and addresses of the\nofficers of such association; or\n (ii) if no homeowners' association exists, all manufactured homeowners\nin the manufactured home park; and\n (iii) the commissioner of housing and community renewal.\n (b) The manufactured home park owner's notification shall state:\n (i) the price;\n (ii) the material terms and conditions of sale upon which such\nmanufactured home park owner would sell the park;\n (iii) that the manufactured homeowners have the right to organize a\nmanufactured homeowners' association or a manufactured homeowners'\ncooperative for the park;\n (iv) that purchase financing may be available through the New York\nstate homes and community renewal; and\n (v) that the manufactured homeowners' association, a cooperative, or\nmanufactured home owners or tenants have one hundred forty days to\nexercise their right to purchase the park in accordance with this\nsection.\n (c) (i) If a manufactured homeowners' association exists at the time\nof the offer, the association shall, within sixty days of receipt of\nnotice from the park owner, deliver to the park owner a notice of intent\nto make an offer to purchase the park. If such notice is not delivered\nwithin the sixty days, the park owner has no further obligation under\nthis section.\n (ii) If the manufactured homeowners' association delivers such intent\nto the park owner as required by subparagraph (i) of this paragraph, the\nassociation shall have the right to purchase the park; provided that the\nassociation shall have delivered to the manufactured home park owner an\nexecuted offer to purchase which meets the identical price, terms, and\nconditions of the offer or counteroffer provided in the notice of the\nmanufactured home park owner within one hundred forty days of receipt of\nnotice from the manufactured home park owner, unless otherwise agreed to\nin writing. During this time period, the park owner shall not accept a\nfinal unconditional offer to purchase the park.\n (iii) If an offer to purchase by the association is not delivered\nwithin such one hundred forty day period, then, unless the park owner\nthereafter elects to offer to sell the park at a price lower than the\nprice specified in the notice to the homeowners' association or at terms\nsubstantially different from those presented to the association, the\npark owner has no further obligations under this section.\n (iv) If the park owner, after such one hundred forty day period,\nelects to offer to sell the park at a price lower than the price\nspecified in the notice given or at terms substantially different from\nthose previously presented to the association, then the association\nshall be entitled to notice thereof and shall have an additional thirty\ndays after receipt of notice of the revised terms to deliver to the park\nowner an executed offer to purchase which meets the revised price,\nterms, and conditions as presented by the park owner.\n (d) (i) If there is no existing homeowners' association at the time of\nthe offer, the homeowners shall, within sixty days of receipt of notice\nfrom the park owner, deliver to the park owner a notice of intent to\nmake an offer to purchase the park. Such notice must be signed by\ngreater than fifty percent of all the manufactured home owners within\nthe manufactured home park. If such notice is not delivered within the\nsixty days, the park owner has no further obligation under this section.\nIf such notice is properly provided within sixty days, the homeowners\nshall have the right to purchase the park; provided the following\nconditions are met:\n (A) The manufactured homeowners shall have the right to form a\nmanufactured homeowners' association, whether incorporated or not.\n (B) Such homeowners' association shall include greater than fifty\npercent of all manufactured homeowners, who shall have given written\nconsent to forming a manufactured homeowners' association. The\nprovisions of section two hundred twenty-three-b of this article shall\napply to the formation of a manufactured homeowners' association.\n (C) The association, acting through its officers, shall have given\nnotice to the park owner of its formation, the names and addresses of\nits officers, and delivered an executed offer to purchase the park at\nthe identical price, terms, and conditions of the offer presented in the\nnotification given by the park owner within one hundred forty days of\nreceipt of notice from the park owner, unless otherwise agreed to in\nwriting. During this time period, the park owner shall not accept a\nfinal unconditional offer to purchase the park;\n (ii) If the homeowners fail to form a manufactured homeowners'\nassociation, or if upon the formation of a manufactured homeowners'\nassociation, the association does not deliver an executed offer to\npurchase as set forth in paragraph (a) of this subdivision within the\none hundred forty day period, then, unless the park owner elects to\noffer the park at a price lower than the price specified in the notice\npreviously presented to the homeowners, the park owner has no further\nobligation under this section; and\n (iii) If the park owner thereafter elects to sell the park at a price\nlower than the price specified in the notice to the homeowners or at\nterms substantially different from those previously presented, then the\nassociation shall have an additional thirty days after receipt of notice\nof the revised terms to deliver to the park owner an executed offer to\npurchase which meets the revised price, terms, and conditions as\npresented by the park owner.\n 4. This section does not apply to:\n (a) Any conveyance of an interest in a manufactured home park\nincidental to the financing of such manufactured home park.\n (b) The purchase of a manufactured home park by a governmental entity\nunder its powers of eminent domain.\n 5. Nothing in this section shall be construed to compel the\nmanufactured home park owner to divide the land and sell it to\nindividual manufactured homeowners.\n