Bill Text: NY A06168 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the change in the use of the land comprising the manufactured home park.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A06168 Detail]

Download: New_York-2011-A06168-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6168
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 8, 2011
                                      ___________
       Introduced  by  M. of A. THIELE, LAVINE -- 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
   21  other accommodations as  a  result  of  such  proposed  change  of  use.
   22  Eviction  proceedings  based  on  a change in use shall not be commenced
   23  prior to six months from the service of notice of proposed change in use
   24  or the end of the lease term, whichever is later. Such notice  shall  be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07572-02-1
       A. 6168                             2
    1  served  in the manner prescribed in section seven hundred thirty-five of
    2  the real property actions and proceedings  law  or  by  certified  mail,
    3  return receipt requested.  NOTHING HEREIN SHALL BE CONSTRUED TO DIMINISH
    4  OR  EXCUSE  THE  REQUIREMENT  FOR  FACTUAL  ARTICULATION REQUIRED BY ANY
    5  NOTICE WHICH HERETOFORE MAY HAVE BEEN MADE PURSUANT TO THIS SECTION.
    6    (ii) Where a purchaser of a manufactured home park certified that such
    7  purchaser did not intend to change the use of the land pursuant to para-
    8  graph (b) of subdivision two of section two  hundred  thirty-three-a  of
    9  this  article, no eviction proceedings based on a change of use shall be
   10  commenced until the expiration of sixty months  from  the  date  of  the
   11  closing  on  the  sale  of  the park. NO MANUFACTURED HOME PARK OWNER OR
   12  OPERATOR SHALL PROCEED UNDER THIS PARAGRAPH TO THE EXTENT THAT IT IS THE
   13  INTENTION OF THE MANUFACTURED HOME PARK OWNER OR OPERATOR TO  CAUSE  THE
   14  MANUFACTURED HOME PARK TO BE VACATED.
   15    S 2. Paragraph (a) of subdivision 2 of section 233-a of the real prop-
   16  erty  law,  as  added  by chapter 561 of the laws of 2008, is amended to
   17  read as follows:
   18    (a) If a manufactured home park owner MARKETS FOR SALE OR  receives  a
   19  bona  fide offer to purchase a manufactured home park that such manufac-
   20  tured home park owner intends to accept,  such  manufactured  home  park
   21  owner shall require [the] ANY prospective purchaser to provide, in writ-
   22  ing,  the  certification  required by paragraph (b) of this subdivision,
   23  and shall not accept any offer to purchase, nor respond with a  counter-
   24  offer  until such manufactured home park owner has received such certif-
   25  ication.
   26    S 3. Subdivisions 3 and 4 of section 233-a of the  real  property  law
   27  are  renumbered subdivisions 4 and 5 and a new subdivision 3 is added to
   28  read as follows:
   29    3. IN THE EVENT THAT THE MANUFACTURED PARK  OWNER  OR  OPERATOR  IS  A
   30  CORPORATION, COMPANY, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR LIMITED
   31  LIABILITY  PARTNERSHIP,  SAID  CORPORATION,  COMPANY,  LIMITED LIABILITY
   32  COMPANY, PARTNERSHIP, OR LIMITED LIABILITY PARTNERSHIP SHALL BE  PROHIB-
   33  ITED  FROM  SERVING  THE  NOTICE  REQUIRED  PURSUANT TO PARAGRAPH SIX OF
   34  SUBDIVISION B OF SECTION TWO HUNDRED THIRTY-THREE OF THIS ARTICLE, WITH-
   35  IN SIXTY MONTHS OF THE SALE, TRANSFER,  CONVEYANCE,  OR  ASSIGNMENT,  BY
   36  OPERATION  OF  LAW OR OTHERWISE, OF ANY PORTION OF OWNERSHIP INTEREST IN
   37  SAID CORPORATION, COMPANY, LIMITED LIABILITY  COMPANY,  PARTNERSHIP,  OR
   38  LIMITED LIABILITY PARTNERSHIP.
   39    S 4. This act shall take effect immediately.