2012 New York Consolidated Laws
RPP - Real Property
Article 7 - (220 - 238) Landlord and Tenant
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  of  at  least  fifty-one
  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. (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, such manufactured home park owner shall require the
  prospective purchaser to provide, in writing, the certification required
  by paragraph (b) of this subdivision, and shall not accept any offer  to
  purchase,  nor  respond with a counteroffer until such manufactured home
  park owner has received such certification.
    (b) A purchaser seeking to purchase a manufactured home park,  or  the
  land  upon which a manufactured home park is located, shall provide such
  owner with a written letter certifying  whether  or  not  the  purchaser
  will,  upon  the closing of the sale of the park, or within sixty months
  of such closing, give the notice required pursuant to paragraph  six  of
  subdivision  b  of  section two hundred thirty-three of this article, of
  its intention to use the land upon which the manufactured home  park  is
  located for a purpose other than manufactured home lot rentals.
    (c)  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 respond to  with  a  counteroffer,  such  counteroffer  shall
  include  a notice stating that such 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 to the contrary, every acceptance of a counteroffer by
  a prospective purchaser of a manufactured home park shall be  deemed  to
  be  subject to the right of the homeowners of the manufactured home park
  to purchase the manufactured home park pursuant to this  subdivision  if
  the  purchaser  certifies  pursuant to paragraph (b) of this subdivision
  that he or she intends to change the use of the land.
    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, and  the  purchaser
  has  certified  pursuant  to  paragraph  (b)  of subdivision two of this
  section that he intends to change the use of the land, such manufactured
  home park owner shall notify:
    (i) the officers of the manufactured  homeowners'  association  within
  such  park  of the offer to purchase and 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.
    (b)  The  manufactured  home park owner's notification shall state the
  price and terms and conditions of  sale  or,  in  the  case  where  such
  manufactured  home  park owner intends to make a counteroffer, the price
  and material terms and conditions upon which such manufactured home park
  owner would sell the park.
    (c) (i) If a manufactured homeowners' association exists at  the  time
  of the offer, 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 twenty
  days of receipt of notice from the manufactured home park owner,  unless
  otherwise agreed to in writing.
    (ii)  If  an  offer  to  purchase  by the association is not delivered
  within such one hundred twenty 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.
    (iii)  If  the  park  owner, after such one hundred twenty 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 ten
  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 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 at least fifty-one
  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 twenty  days  of
  receipt  of  notice  from  the park owner, unless otherwise agreed to in
  writing.
    (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 twenty 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 ten 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.
    3. 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.
    4.   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.