Bill Text: NY A00942 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the change in the use of the land comprising the manufactured home park.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A00942 Detail]
Download: New_York-2017-A00942-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 1603 A. 942 2017-2018 Regular Sessions SENATE - ASSEMBLY January 10, 2017 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Housing, Construction and Community Development IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to manufactured home park owners and change in the use of the land comprising such manufac- tured home park The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 6 of subdivision b of section 233 of the real 2 property law, as amended by chapter 561 of the laws of 2008, is amended 3 to read as follows: 4 6. (i) The manufactured home park owner or operator proposes a change 5 in the use of the land comprising the manufactured home park, or a 6 portion thereof, on which the manufactured home is located, from manu- 7 factured home lot rentals to some other use, provided the manufactured 8 home owner is given written notice of the proposed change of use and the 9 manufactured home owner's need to secure other accommodations. Such 10 notice shall include: (a) a description of the change of use proposed by 11 the manufactured home park owner or operator; and (b) a copy of all 12 applications required to affect such change of use that have been 13 submitted to the local government with jurisdiction. Regardless of when 14 such notice may be served, no eviction proceedings based on a change of 15 use shall be commenced until such applications have been approved by the 16 local government. Whenever a manufactured home park owner or operator 17 gives a notice of proposed change of use to any manufactured home owner, 18 the manufactured home park owner or operator shall, at the same time, 19 give notice of the proposed change of use to all other manufactured home 20 owners in the manufactured home park who will be required to secure EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02095-01-7S. 1603 2 A. 942 1 other accommodations as a result of such proposed change of use. 2 Eviction proceedings based on a change in use shall not be commenced 3 prior to six months from the service of notice of proposed change in use 4 or the end of the lease term, whichever is later. Such notice shall be 5 served in the manner prescribed in section seven hundred thirty-five of 6 the real property actions and proceedings law or by certified mail, 7 return receipt requested. Nothing herein shall be construed to diminish 8 or excuse the requirement for factual articulation required by any 9 notice which heretofore may have been made pursuant to this section. 10 (ii) Where a purchaser of a manufactured home park certified that such 11 purchaser did not intend to change the use of the land pursuant to para- 12 graph (b) of subdivision two of section two hundred thirty-three-a of 13 this article, no eviction proceedings based on a change of use shall be 14 commenced until the expiration of sixty months from the date of the 15 closing on the sale of the park. No manufactured home park owner or 16 operator shall proceed under this paragraph to the extent that it is the 17 intention of the manufactured home park owner or operator to cause the 18 manufactured home park to be vacated. 19 § 2. Paragraph (a) of subdivision 2 of section 233-a of the real prop- 20 erty law, as added by chapter 561 of the laws of 2008, is amended to 21 read as follows: 22 (a) If a manufactured home park owner markets for sale or receives a 23 bona fide offer to purchase a manufactured home park that such manufac- 24 tured home park owner intends to accept, such manufactured home park 25 owner shall require [the] any prospective purchaser to provide, in writ- 26 ing, the certification required by paragraph (b) of this subdivision, 27 and shall not accept any offer to purchase, nor respond with a counter- 28 offer until such manufactured home park owner has received such certif- 29 ication. 30 § 3. Subdivisions 3 and 4 of section 233-a of the real property law 31 are renumbered subdivisions 4 and 5 and a new subdivision 3 is added to 32 read as follows: 33 3. In the event that the manufactured park owner or operator is a 34 corporation, company, limited liability company, partnership, or limited 35 liability partnership, said corporation, company, limited liability 36 company, partnership, or limited liability partnership shall be prohib- 37 ited from serving the notice required pursuant to paragraph six of 38 subdivision b of section two hundred thirty-three of this article, with- 39 in sixty months of the sale, transfer, conveyance, or assignment, by 40 operation of law or otherwise, of any portion of ownership interest in 41 said corporation, company, limited liability company, partnership, or 42 limited liability partnership. 43 § 4. This act shall take effect immediately.
