BILL NUMBER: S5881A
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the real property law, in relation to manufactured home
parks
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation relates to the sale of manufactured home parks.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Section 233-a of the Real Property Law relating to the
sale of manufactured home parks.
Section 2. Provides for an effective date of 180 days after becoming
law.
 
JUSTIFICATION:
Manufactured homes are a critical source of affordable housing for resi-
dents in New York State. The rights of manufactured homeowners who rent
space in a manufactured home park in New York State are covered under
Section 233 of the Real Property Law, also known as the "Manufactured
Homeowners Bill of Rights". Provisions of this law address land use
changes and the right of first refusal. Currently, when a manufactured
park owner decides to sell the park, the requirement of offering a right
of first refusal to the homeowners is only invoked in the event that a
prospective buyer certifies that there is an intent to change the use in
the land once purchased. In this case, the homeowner's association or
the homeowners themselves, have the right to match any offer that the
owner has received to purchase the park.
This legislation removes this restrictive provision to give manufactured
homeowner's the right of first refusal when the park in which they
reside is put up for sale regardless of land use changes. This would
afford a fair opportunity to preserve the integrity of their park and
protect against any company whose management techniques would contrast
with values of the manufactured home community. It also ensures that the
140-day right of first refusal period that this bill imposes on all
sales will not create any uncertainty that will deter buyers or jeopard-
ize their financing, or harm residents if new ownership is needed to
address financial or operational problems at the park by requiring
homeowners/homeowner associations provide a 60-day notice of intent to
make an offer to purchase.
The enactment of this legislation balances manufactured home park
owners' and residents' interests while providing a robust tool for
protecting manufactured home parks as vital affordable communities and
strengthens the "Manufactured Homeowners Bill of Rights."
 
PRIOR LEGISLATIVE HISTORY:
2021-22: A.6231/S.6085 (Veto 177 of 2022)
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect 180 days after becoming a law.