Bill Text: NY A11219 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the duties and responsibilities of manufactured home park owners and residents, the sale of manufactured home parks, and the conveyance and encumbrance of manufactured homes as real property.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-06-15 - referred to housing [A11219 Detail]

Download: New_York-2017-A11219-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          11219
                   IN ASSEMBLY
                                      June 15, 2018
                                       ___________
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
          -- (at request of the New York State Homes and Community  Renewal)  --
          read once and referred to the Committee on Housing
        AN  ACT  to  amend  the real property law, in relation to the duties and
          responsibilities of manufactured home park owners and  residents,  the
          sale  of  manufactured home parks; and to amend the executive law, the
          real property law, the vehicle and traffic law and the estates, powers
          and trusts law, in relation to the conveyance and encumbrance of manu-
          factured homes as real property
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  This act shall be known and may be cited as the "New York
     2  Manufactured Home Modernization Act".
     3    § 2. Subdivision a of section 233 of the real property law, as amended
     4  by chapter 566 of the laws of 1996, is amended to read as follows:
     5    a. Wherever used in this section:
     6    1. The term "manufactured home tenant" means one who rents space in  a
     7  manufactured  home  park from a manufactured home park owner or operator
     8  for the purpose of parking his manufactured home or  [one  who  rents  a
     9  manufactured  home  in a manufactured home park from a manufactured home
    10  park owner or operator] a manufactured home renter as  defined  in  this
    11  subdivision.
    12    2.  The term "manufactured home renter" means one who rents a manufac-
    13  tured home in a manufactured home park from  a  manufactured  home  park
    14  owner  or operator or from an entity in which the manufactured home park
    15  owner or operator owns an interest.
    16    3. The term "manufactured home owner"means one who holds  title  to  a
    17  manufactured home.
    18    [3.] 4. The term "manufactured home park" means a contiguous parcel of
    19  privately owned land which is used for the accommodation of [three] five
    20  or more manufactured homes occupied for year-round living.
    21    5.  The term "manufactured home park owner" means any person or entity
    22  owning an interest in the land of a manufactured home park.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14447-01-8

        A. 11219                            2
     1    6. The term "manufactured home park  operator"  means  any  person  or
     2  entity  responsible  for  the  operation or management of a manufactured
     3  home park.
     4    [4.]  7. The term "manufactured home" means a structure, transportable
     5  in one or more sections, which in the traveling mode, is eight body feet
     6  or more in width or forty body feet or more in length, or, when  erected
     7  on site, is three hundred twenty or more square feet, and which is built
     8  on  a  permanent  chassis  and designed to be used as a dwelling with or
     9  without a permanent foundation when connected to the required utilities,
    10  and includes the plumbing,  heating,  air-conditioning,  and  electrical
    11  systems contained therein; except that such term shall include a "mobile
    12  home"  as  defined in paragraph [five] eight, and shall include a struc-
    13  ture which meets all the requirements of  this  subdivision  except  the
    14  size requirements and with respect to which the manufacturer voluntarily
    15  files  a  certification  required  by the secretary of housing and urban
    16  development.
    17    [5.] 8. The term "mobile home" means  a  moveable  or  portable  unit,
    18  manufactured  prior  to  January  first,  nineteen  hundred seventy-six,
    19  designed and constructed to be towed on its own  chassis,  comprised  of
    20  frame  and  wheels, connected to utilities, and designed and constructed
    21  without a permanent foundation for year-round living. A unit may contain
    22  parts that may be folded, collapsed or telescoped when being  towed  and
    23  expanded  later  to  provide additional cubic capacity as well as two or
    24  more separately towable components designed to be joined into one  inte-
    25  gral  unit  capable  of  being  again  separated into the components for
    26  repeated towing. "Mobile home" shall mean  units  designed  to  be  used
    27  exclusively for residential purposes, excluding travel trailers.
    28    9.  The term "rent-to-own contract" shall mean any agreement between a
    29  manufactured home park owner or operator and a manufactured home  renter
    30  which  provides  that  after  a  specified term or other contingency the
    31  manufactured home renter will take ownership of the rented home.
    32    10. The term "rent-to-own payments" shall mean any payments made by  a
    33  manufactured home renter pursuant to a rent-to-own contract which are in
    34  addition to rental payments for the rented site and the rented home.
    35    § 3. Subdivision e of section 233 of the real property law, as amended
    36  by chapter 566 of the laws of 1996, is amended to read as follows:
    37    e. Leases. 1. The manufactured home park owner or operator shall offer
    38  every  manufactured  home  tenant prior to occupancy, the opportunity to
    39  sign a lease for a minimum of one year, which offer  shall  be  made  in
    40  writing.  All  lease offers, including initial and renewal leases, shall
    41  include a rider regarding tenant rights. Such rider shall be in  a  form
    42  approved  or  promulgated  by  the commissioner of housing and community
    43  renewal and which shall be made  available  to  manufactured  home  park
    44  owners and operators.
    45    2.  (i)  On or before, as appropriate, (a) the first day of October of
    46  each calendar year with respect to a manufactured home  owner  [then  in
    47  good  standing]  who  is not currently a party to a written lease with a
    48  manufactured home park owner or operator or (b) the ninetieth  day  next
    49  preceding  the  expiration  date of any existing written lease between a
    50  manufactured home owner [then in good standing] and a manufactured  home
    51  park  owner  or  operator,  the manufactured home park owner or operator
    52  shall submit to each such manufactured home owner  a  written  offer  to
    53  lease  for  a  term of at least twelve months from the commencement date
    54  thereof unless the manufactured home park owner or operator  has  previ-
    55  ously furnished the manufactured home owner with written notification of
    56  a  proposed  change of use pursuant to paragraph six of subdivision b of

        A. 11219                            3
     1  this section. Any such offer shall include a copy of the proposed  lease
     2  containing  such terms and conditions, including provisions for rent and
     3  other charges, as the manufactured home park owner shall deem  appropri-
     4  ate;  provided  such  terms and conditions are consistent with all rules
     5  and regulations promulgated by the manufactured home park operator prior
     6  to the date of the offer and are not otherwise prohibited or limited  by
     7  applicable  law.  Such offer shall also contain a statement advising the
     8  manufactured home owner that if he or she fails to  execute  and  return
     9  the  lease to the manufactured home park owner or operator within thirty
    10  days after submission of such lease, the manufactured home  owner  shall
    11  be  deemed  to have declined the offer of a lease and shall not have any
    12  right to a lease from the manufactured home park owner or  operator  for
    13  the next succeeding twelve months.
    14    (ii)  [For purposes of this paragraph, a manufactured home owner shall
    15  be deemed in good standing if he or she is not in default in the payment
    16  of more than one month's rent to the manufactured home park  owner,  and
    17  is not in violation of paragraph three, four or five of subdivision b of
    18  this  section.  No manufactured home park owner or operator shall refuse
    19  to provide a written offer to lease based on a default of rent  payments
    20  or a violation of paragraph three, four or five of subdivision b of this
    21  section unless, at least thirty days prior to the last date on which the
    22  owner  or  operator  would otherwise be required to provide such written
    23  offer to lease, the owner or operator  notifies  the  manufactured  home
    24  owner,  in  writing,  of  the  default  in  rent or the specific grounds
    25  constituting the violation and such grounds continues up and  until  the
    26  fifth  calendar  day  immediately  preceding  the last date on which the
    27  written offer would otherwise be required to be made.
    28    (iii)] For purposes of this paragraph, the commencement  date  of  any
    29  lease  offered  by  the manufactured home park owner to the manufactured
    30  home owner shall be the ninetieth day after  the  date  upon  which  the
    31  manufactured  home  park  owner  shall  have provided the offer required
    32  pursuant to this paragraph; provided, however, that no such lease  shall
    33  be  effective if, on such commencement date, the manufactured home owner
    34  is in default of more than one month's rent. In the event  the  manufac-
    35  tured  home  owner shall have failed to execute and return said lease to
    36  the manufactured home park owner or operator within thirty days after it
    37  is submitted to the manufactured home owner as required by  subparagraph
    38  (i)  of  this  paragraph  the manufactured home owner shall be deemed to
    39  have declined to enter said lease.
    40    3. No lease provision shall be inconsistent with  any  rule  or  regu-
    41  lation in effect at the commencement of the lease.
    42    4.  If  a  manufactured  home  park owner or operator fails to offer a
    43  tenant a lease as provided in this subdivision, the  tenant  shall  have
    44  all  the  rights  of a leaseholder and may not be evicted for other than
    45  the reasons specified in paragraphs two, three, four,  five  or  six  of
    46  subdivision b of this section.
    47    §  4. Paragraph 3 of subdivision g of section 233 of the real property
    48  law, as amended by chapter 566 of the laws of 1996, is amended  to  read
    49  as follows:
    50    3.  No  fees,  charges, assessments or rental fees may be increased by
    51  manufactured home park owner or operator without specifying the date  of
    52  implementation  of  said fees, charges, assessments or rental fees which
    53  date shall be no less than ninety days after written notice to all manu-
    54  factured home tenants. Failure on the part of the manufactured home park
    55  owner or operator to fully disclose all  fees,  charges  or  assessments
    56  shall prevent the manufactured home park owner or operator from collect-

        A. 11219                            4
     1  ing  said  fees, charges or assessments, and refusal by the manufactured
     2  home tenant to pay any undisclosed charges shall  not  be  used  by  the
     3  manufactured  home park owner or operator as a cause for eviction in any
     4  court  of  law.  Rent, utilities and charges for facilities and services
     5  available to the tenant may not be increased unless  a  lease  has  been
     6  offered to the tenant as required by subdivision e of this section.
     7    § 5. Subdivision m of section 233 of the real property law, as amended
     8  by chapter 566 of the laws of 1996, is amended to read as follows:
     9    m.  Warranty  of habitability, maintenance, disruption of services. In
    10  every written or oral lease or rental agreement entered into by a  manu-
    11  factured home tenant, the manufactured home park owner or operator shall
    12  be  deemed to covenant and warrant that the premises so leased or rented
    13  and the manufactured home if rented, including rental through a rent-to-
    14  own contract, and all areas used in connection therewith in common  with
    15  other  manufactured home tenants or residents including all roads within
    16  the manufactured home park are fit for human habitation and for the uses
    17  reasonably intended by the parties and that the occupants of such  prem-
    18  ises and such manufactured homes if rented shall not be subjected to any
    19  conditions  which  would be dangerous, hazardous or detrimental to their
    20  life, health or safety.  When any such condition has been caused by  the
    21  misconduct  of  the  manufactured home tenant or lessee or persons under
    22  his direction or control, it shall  not  constitute  a  breach  of  such
    23  covenants and warranties. The rights and obligations of the manufactured
    24  home  park  owner  or operator and the manufactured home tenant shall be
    25  governed by the provisions of this subdivision and subdivisions two  and
    26  three of section two hundred thirty-five-b of this article.
    27    § 6. Subdivision o of section 233 of the real property law, as amended
    28  by chapter 566 of the laws of 1996, is amended to read as follows:
    29    o.  Whenever  a  lease  shall  provide  that  in any action or summary
    30  proceeding the manufactured home park  owner  or  operator  may  recover
    31  attorney's  fees  and/or expenses [incurred as the result of the failure
    32  of the tenant to perform any covenant or  agreement  contained  in  such
    33  lease, or that amounts paid by the manufactured home park owner or oper-
    34  ator  therefor  shall be paid by the tenant as additional rent,] awarded
    35  by a court in an eviction proceeding there  shall  be  implied  in  such
    36  lease a covenant by the manufactured home park owner or operator, to pay
    37  to the tenant the reasonable attorney's fees and/or expenses incurred by
    38  the  tenant  to  the  same  extent as is provided in section two hundred
    39  thirty-four of this article which section shall apply in its entirety. A
    40  manufactured home park owner or operator may not demand  that  a  tenant
    41  pay  attorney's  fees  unless  such fees have been awarded pursuant to a
    42  court order.
    43    § 7. Subdivision r of section 233 of the real property law, as amended
    44  by chapter 566 of the laws of 1996, is amended to read as follows:
    45    r. Limitation on late charges. A late charge on any rental payment  by
    46  a  manufactured home owner which has become due and remains unpaid shall
    47  not exceed and shall be enforced to the extent of five percent  of  such
    48  delinquent  payment;  provided, however, that no charge shall be imposed
    49  on any rental payment by a manufactured home owner received  within  ten
    50  days  after  the due date. In the absence of a specific provision in the
    51  lease or the manufactured home park's rules  and  regulations,  no  late
    52  charge  on any delinquent rental payment shall be assessed or collected.
    53  Late charges may not be compounded and shall  not  be  considered  addi-
    54  tional rent.
    55    § 8. Subdivision v of section 233 of the real property law, as amended
    56  by chapter 566 of the laws of 1996, is amended to read as follows:

        A. 11219                            5
     1    v. On and after April first, nineteen hundred eighty-nine, the commis-
     2  sioner of housing and community renewal shall have the power and duty to
     3  enforce  and  ensure  compliance  with  the  provisions of this section.
     4  However, the commissioner shall not have the power or  duty  to  enforce
     5  manufactured  home park rules and regulations established under subdivi-
     6  sion f of this section. On or before  January  first,  nineteen  hundred
     7  eighty-nine,  each manufactured home park owner or operator shall file a
     8  registration statement with the commissioner and shall  thereafter  file
     9  an  annual  registration  statement  on  or before January first of each
    10  succeeding year. The commissioner[, by regulation,] shall  provide  that
    11  such  registration  statement shall include [only] the names and contact
    12  information of all persons or entities owning an interest in  the  park,
    13  the  names of all tenants of the park, all services provided by the park
    14  owner to the tenants, other  information  as  may  be  required  by  the
    15  commissioner,  including but not limited to information regarding leases
    16  and real property tax payments, and a copy of all  current  manufactured
    17  home  park  rules  and  regulations  if  the  rules and regulations have
    18  changed since they were  last  submitted.  Whenever  there  shall  be  a
    19  violation  of  this  section,  the commissioner of housing and community
    20  renewal shall collect a fee of ten dollars per site from  the  owner  or
    21  operator  of any manufactured home park which was not timely registered,
    22  and an application may be made by the commissioner of housing and commu-
    23  nity renewal in the name of the people of the state of  New  York  to  a
    24  court or justice having jurisdiction by a special proceeding to issue an
    25  injunction, and upon notice to the defendant of not less than five days,
    26  to  enjoin  and  restrain  the  continuance of such violation; and if it
    27  shall appear to the satisfaction  of  the  court  or  justice  that  the
    28  defendant  has,  in  fact,  violated  this section, an injunction may be
    29  issued by such court or justice, enjoining and restraining  any  further
    30  violation  and with respect to this subdivision, directing the filing of
    31  a registration statement. In any such proceeding,  the  court  may  make
    32  allowances to the commissioner of housing and community renewal of a sum
    33  not  exceeding  two  thousand dollars against each defendant, and direct
    34  restitution.  Whenever the court shall determine  that  a  violation  of
    35  this  section  has occurred, the court may impose a civil penalty of not
    36  more than one thousand five hundred dollars  for  each  violation.  Such
    37  penalty  shall  be  deposited in the manufactured home cooperative fund,
    38  created pursuant to section fifty-nine-h of the private housing  finance
    39  law.  In connection with any such proposed application, the commissioner
    40  of housing and community renewal is authorized to take proof and make  a
    41  determination of the relevant facts and to issue subpoenas in accordance
    42  with  the  civil practice law and rules. The provisions of this subdivi-
    43  sion shall not impair the rights granted under  subdivision  u  of  this
    44  section.
    45    §  9.  Section 233 of the real property law is amended by adding a new
    46  subdivision y to read as follows:
    47    y. 1. (i) No manufactured home park owner or operator shall  offer  or
    48  execute  a  rent-to-own  contract  unless the manufactured park owner or
    49  operator possesses documentation of ownership of the manufactured  home,
    50  including  a certificate of title to the home, if the home is a manufac-
    51  tured home subject to being titled pursuant to article forty-six of  the
    52  vehicle and traffic law, or for mobile homes not subject to being titled
    53  pursuant to such law, such other documentation, which may include a bill
    54  of sale, or deed, sufficient to establish ownership.
    55    (ii)  Every rent-to-own contract shall be in writing and clearly state
    56  all terms, including but not limited to: a description of the home to be

        A. 11219                            6
     1  leased, including the name of the manufacturer, the  serial  number  and
     2  the  year of manufacture; the site number upon which the home is located
     3  in the manufactured home park; an itemized statement of any payments  to
     4  be made during the term of the contract, including the initial lot rent,
     5  the  rental  amount  for  the  home,  and  the amount of the rent-to-own
     6  payments; the term of the agreement; the number of  payments,  itemized,
     7  required  to be made over the term of the agreement; the annual percent-
     8  age rate of the amount financed, if applicable; the amount of any  addi-
     9  tional  fees  to be paid during the term. A rent-to-own contract may not
    10  require a manufactured home tenant to pay any additional fees for trans-
    11  fer of ownership at the end of the lease period other than the  rent-to-
    12  own payments made during the term of the contract.
    13    (iii) Every rent-to-own contract shall clearly state that the manufac-
    14  tured  home renter is occupying a rented home, until ownership is trans-
    15  ferred, and that the manufactured home park owner and operator shall  be
    16  responsible  for compliance with the warranty of habitability, including
    17  but not limited to all major repairs and capital improvements.
    18    (iv) With the execution of every rent-to-own  contract,  the  manufac-
    19  tured  home  park  owner  or  operator shall offer the manufactured home
    20  renter a lease for the site on which the home is located as provided  in
    21  subdivision  e  of  this  section,  and,  if the term of the rent-to-own
    22  contract is longer than the term of the initial site lease, shall  offer
    23  renewal leases on the same terms as provided to manufactured home owners
    24  within the park pursuant to subdivision e of this section, provided that
    25  such  renewal  lease  may  not include a rent increase greater than that
    26  imposed on similarly situated homeowners within the park.
    27    (v) The manufactured home park owner or operator  shall  provide  each
    28  manufactured  home  renter  who  is a party to a rent-to-own an itemized
    29  accounting  listing  all  payments  made  pursuant  to  the  rent-to-own
    30  contract. Such accounting shall be provided no less than once each year,
    31  beginning  one year from the execution of the rent-to-own contract. Upon
    32  request by a manufactured home renter, the manufactured home park  owner
    33  or  operator  shall  provide  such an accounting within ten days of such
    34  request.
    35    2. Any successor to ownership of the manufactured home park  shall  be
    36  bound  by  the  terms  of a rent-to-own contract entered in to after the
    37  effective date of this subdivision.
    38    3. If a manufactured home park tenant's tenancy is terminated  by  the
    39  landlord  during  the  term  of  a rent-to-own contract, all rent-to-own
    40  payments made during the term of the contract shall be refunded  to  the
    41  renter;  if  a  manufactured home park owner or operator fails to refund
    42  such payments, in an eviction proceeding, the court may award the tenant
    43  damages in the amount of the rent-to-own payments which  have  not  been
    44  refunded.
    45    4.  It  is  a  violation  of this section for a manufactured home park
    46  owner or operator to make any material misrepresentation, either written
    47  or oral, regarding any of the terms of a  rent-to-own  contract,  or  to
    48  obtain, or attempt to obtain, a waiver from any manufactured home renter
    49  of any protection or right provided under this subdivision.
    50    5.  (i)  If  a  manufactured  home park owner or operator violates the
    51  provisions of this subdivision or wrongfully evicts a manufactured  home
    52  renter  who  is  a  party  to  a rent-to-own contract, a court may award
    53  damages including treble the economic damages suffered by  the  manufac-
    54  tured home renter, which may include all rent-to-own payments. The court
    55  may  also  provide for reasonable attorney fees and costs of litigation,
    56  and other equitable relief.

        A. 11219                            7
     1    (ii) Failure of the manufactured home park owner or operator to comply
     2  with this section shall give the manufactured home renter  the  uncondi-
     3  tional  right  to  cancel  the  lease  with  the  option to purchase the
     4  contract and receive immediate refund of all payments and deposits  made
     5  on  account  of  or  in  contemplation  of  the lease with the option to
     6  purchase contract.
     7    § 10. Subdivision 2 of section 233-a of  the  real  property  law,  as
     8  added by chapter 561 of the laws of 2008, is amended to read as follows:
     9    2. (a) If a manufactured home park owner receives a bona fide offer to
    10  purchase a manufactured home park that such manufactured home park owner
    11  intends  to  accept,  or respond with a counteroffer, or if the manufac-
    12  tured home park owner takes any action to market or offer the  park  for
    13  sale,  such  manufactured  home park owner shall require the prospective
    14  purchaser to provide, in writing, the certification  required  by  para-
    15  graph  (b)  of  this  subdivision,  and  shall  not  accept any offer to
    16  purchase, nor respond with a counteroffer until such  manufactured  home
    17  park  owner  has  [received  such certification] met the requirements of
    18  this section.
    19    (b) A purchaser seeking to purchase a manufactured home park,  or  the
    20  land  upon which a manufactured home park is located, shall provide such
    21  owner with a written letter certifying  whether  or  not  the  purchaser
    22  will,  upon  the closing of the sale of the park, or within sixty months
    23  of such closing, give the notice required pursuant to paragraph  six  of
    24  subdivision  b  of  section two hundred thirty-three of this article, of
    25  its intention to use the land upon which the manufactured home  park  is
    26  located for a purpose other than manufactured home lot rentals.
    27    (c)  If  a  manufactured home park owner takes any action to market or
    28  offer the park for sale, or receives a bona fide  offer  to  purchase  a
    29  manufactured home park that such manufactured home park owner intends to
    30  accept or respond to with a counteroffer, [such counteroffer] a manufac-
    31  tured  home  park owner shall include a notice stating that such accept-
    32  ance or counteroffer shall be subject to the right of the homeowners  of
    33  the manufactured home park to purchase the manufactured home park pursu-
    34  ant  to this subdivision. Notwithstanding any provision of law or agree-
    35  ment to the contrary, every acceptance [of a counteroffer] by a prospec-
    36  tive purchaser of a manufactured home  park  shall  be  [deemed  to  be]
    37  subject  to the right of the homeowners of the manufactured home park to
    38  purchase the manufactured home park pursuant to this [subdivision if the
    39  purchaser certifies pursuant to paragraph (b) of this  subdivision  that
    40  he or she intends to change the use of the land] section.
    41    §  11.  Subdivision  3  of  section 233-a of the real property law, as
    42  added by chapter 561 of the laws of 2008, is amended to read as follows:
    43    3. (a) If a manufactured home park owner takes any action to market or
    44  offer the park for sale, or receives a bona fide  offer  to  purchase  a
    45  manufactured home park that such manufactured home park owner intends to
    46  accept  or respond to with a counteroffer, [and the purchaser has certi-
    47  fied pursuant to paragraph (b) of subdivision two of this  section  that
    48  he  intends  to change the use of the land,] such manufactured home park
    49  owner shall notify:
    50    (i) the officers of the manufactured  homeowners'  association  within
    51  such park of [the offer to purchase and] all the terms thereof; provided
    52  that the park owner has been notified of the establishment of a manufac-
    53  tured  homeowners'  association  and  been  provided  with the names and
    54  addresses of the officers of such association; or
    55    (ii) if no homeowners' association exists, all manufactured homeowners
    56  in the manufactured home park; and

        A. 11219                            8
     1    (iii) the commissioner of housing and community renewal.
     2    (b)  The  manufactured  home park owner's notification shall state (i)
     3  the price [and]; (ii) material terms and conditions of sale [or, in  the
     4  case  where such manufactured home park owner intends to make a counter-
     5  offer, the price and material terms  and  conditions]  upon  which  such
     6  manufactured  home  park owner would sell the park; (iii) that the manu-
     7  factured homeowners have the right to organize a  manufactured  homeown-
     8  er's association or a manufactured homeowners' cooperative for the park;
     9  (iv) that purchase financing may be available through the New York state
    10  homes  and  community renewal; and (v) that the manufactured homeowners'
    11  association, a cooperative, or manufactured home owners or tenants  have
    12  one  hundred  sixty days to exercise their right to purchase the park in
    13  accordance with this section.
    14    (c) (i) If a manufactured homeowners' association exists at  the  time
    15  of the offer, the association shall have the right to purchase the park;
    16  provided  that  the association shall have delivered to the manufactured
    17  home park owner an executed offer to purchase which meets the  identical
    18  price,  terms,  and  conditions of the offer or counteroffer provided in
    19  the notice of the manufactured home park owner within one hundred [twen-
    20  ty] sixty days of receipt of notice  from  the  manufactured  home  park
    21  owner,  unless  otherwise agreed to in writing. During this time period,
    22  the park owner shall not accept a final unconditional offer to  purchase
    23  the park.
    24    (ii) If an offer to purchase by the association is not delivered with-
    25  in  such  one  hundred  [twenty] sixty day period, then, unless the park
    26  owner thereafter elects to offer to sell the park at a price lower  than
    27  the  price  specified in the notice to the homeowners' association or at
    28  terms substantially different from those presented to  the  association,
    29  the park owner has no further obligations under this section.
    30    (iii)  If  the  park  owner, after such one hundred [twenty] sixty day
    31  period, elects to offer to sell the park at a price lower than the price
    32  specified in the notice given or at terms substantially  different  from
    33  those  previously  presented  to  the  association, then the association
    34  shall be entitled to notice thereof and shall have an  additional  [ten]
    35  forty-five  days after receipt of notice of the revised terms to deliver
    36  to the park owner an executed offer to purchase which meets the  revised
    37  price, terms, and conditions as presented by the park owner.
    38    (d) (i) If there is no existing homeowners' association at the time of
    39  the  offer,  the  homeowners  shall have the right to purchase the park;
    40  provided the following conditions are met:
    41    (A) The manufactured homeowners shall have the right to form  a  manu-
    42  factured homeowners' association, whether incorporated or not.
    43    (B)  Such  homeowners'  association  shall  include at least fifty-one
    44  percent of all manufactured homeowners, who  shall  have  given  written
    45  consent   to   forming   a  manufactured  homeowners'  association.  The
    46  provisions of section two hundred twenty-three-b of this  article  shall
    47  apply to the formation of a manufactured homeowners' association.
    48    (C)  The  association,  acting  through its officers, shall have given
    49  notice to the park owner of its formation, the names  and  addresses  of
    50  its  officers,  and  delivered an executed offer to purchase the park at
    51  the identical price, terms, and conditions of the offer presented in the
    52  notification given by the park owner within one hundred  [twenty]  sixty
    53  days  of  receipt of notice from the park owner, unless otherwise agreed
    54  to in writing. During this time period, the park owner shall not  accept
    55  a final unconditional offer to purchase the park.

        A. 11219                            9
     1    (ii) If the homeowners fail to form a manufactured homeowners' associ-
     2  ation,  or  if  upon the formation of a manufactured homeowners' associ-
     3  ation, the association does not deliver an executed offer to purchase as
     4  set forth in paragraph (a) of this subdivision within  the  one  hundred
     5  [twenty]  sixty  day period, then, unless the park owner elects to offer
     6  the park at a price lower than the price specified in the notice  previ-
     7  ously  presented  to the homeowners, the park owner has no further obli-
     8  gation under this section; and
     9    (iii) If the park owner thereafter elects to sell the park at a  price
    10  lower  than  the  price  specified in the notice to the homeowners or at
    11  terms substantially different from those previously presented, then  the
    12  association shall have an additional [ten] forty-five days after receipt
    13  of  notice of the revised terms to deliver to the park owner an executed
    14  offer to purchase which meets the revised price, terms,  and  conditions
    15  as presented by the park owner.
    16    §  12.  The  executive law is amended by adding a new section 602-a to
    17  read as follows:
    18    § 602-a. Sale of manufactured home  notice  requirements.  1.  When  a
    19  manufactured home is sold or offered for sale. a. If a manufactured home
    20  is appraised, the appraisal shall be prepared by a licensed or certified
    21  appraiser  pursuant  to article six-E of this chapter, shall comply with
    22  the Uniform Standards of Appraisal  Practice,  as  applicable,  and  the
    23  appraisal  shall  include  a cover sheet which itemizes the value of the
    24  unsited manufactured home, the value of any adjacent or attached  struc-
    25  tures located on the site and the value of the sited location, if appli-
    26  cable, and valuations of sales of comparable properties.
    27    b. In the case of a new manufactured home, a retailer shall provide to
    28  a  prospective  purchaser  a  written disclosure which states the retail
    29  price of the unsited manufactured home, any applicable taxes, the set-up
    30  and transportation costs, and the value of the sited location, if appli-
    31  cable.
    32    c. A legible copy of the disclosure required in paragraph  b  of  this
    33  subdivision shall be prominently displayed on a new manufactured home in
    34  a  location  that is clearly visible to a prospective purchaser from the
    35  exterior.
    36    2. Notice to purchaser. a. When a retailer and purchaser agree for the
    37  sale of a manufactured home, the retailer shall deliver a notice to  the
    38  purchaser  and  obtain  a  signed receipt from the purchaser. The notice
    39  must include the following  or  substantially  similar  statements:  (i)
    40  under  the  laws of New York, the purchaser shall elect whether the home
    41  will be real property or personal property and it  may  be  financed  as
    42  residential  real  property if it is titled as real property pursuant to
    43  section three hundred thirty-nine-nn of the real property law, except if
    44  the manufactured home is already titled as real property it shall remain
    45  titled as real property; (ii) the purchaser's election  may  affect  the
    46  amount of the monthly payments and costs for a loan to buy the home, the
    47  purchaser's  legal rights in the home, and the taxation of the home; and
    48  (iii) the purchaser should consult a trusted  adviser,  other  than  the
    49  retailer, about this election.
    50    b. A retailer may not direct or otherwise steer a purchaser to classi-
    51  fy  the  manufactured  home  as  real  property or personal property for
    52  purposes of financing or otherwise.
    53    3. Notice of warranty. Any retailer that  sells  a  manufactured  home
    54  that is covered by a warranty shall provide notice to the purchaser that
    55  the warranties apply and that the conversion to real property alone does
    56  not change nor void any rights arising from breach of warranty.

        A. 11219                           10
     1    §  13.  Subdivision  1  of  section  290  of the real property law, as
     2  amended by chapter 549 of the laws  of  2011,  is  amended  to  read  as
     3  follows:
     4    1.  The term "real property," as used in this article, includes lands,
     5  tenements and hereditaments and chattels real, except a lease for a term
     6  not exceeding three years, and a manufactured home if it is financed  or
     7  conveyed  as residential real property pursuant to section three hundred
     8  thirty-nine-nn of the real property law.
     9    § 14. The real property law is amended by adding a new article 9-C  to
    10  read as follows:
    11                                 ARTICLE 9-C
    12                            MANUFACTURED HOME ACT
    13  Section 339-ll. Short title.
    14          339-mm. Definitions.
    15          339-nn. Manufactured homes warranty deeds.
    16          339-oo. Manufactured homes affixed to land.
    17          339-pp. Recording.
    18          339-qq. Procedure to convert manufactured home to real property.
    19          339-rr. Relocation  of  a manufactured home to another county or
    20                    state.
    21          339-ss. Home warranty.
    22          339-tt. Relation to other law.
    23          339-uu. Disposition of liens on vehicles.
    24          339-vv. Conveyance and encumbrances.
    25          339-ww. Severability.
    26    § 339-ll. Short title. This article shall be known and may be cited as
    27  the "Manufactured Home Act".
    28    § 339-mm. Definitions. As used in this  article,  unless  the  context
    29  otherwise requires: (a) the term "recording officer" shall have the same
    30  meaning  as  such  term is defined in section two hundred ninety of this
    31  chapter.
    32    (b) "Retailer" shall have the same meaning as such term is defined  in
    33  section six hundred one of the executive law.
    34    §  339-nn.  Manufactured  home warranty deeds. 1. (a) Any manufactured
    35  home purchased from a retailer on or after January first,  two  thousand
    36  nineteen that is financed as residential real property or will be titled
    37  as residential real property shall be conveyed by a warranty deed draft-
    38  ed  in  substantially  the  form  provided  in  subdivision  two of this
    39  section.
    40    (b) An owner of a manufactured home shall, upon financing or refinanc-
    41  ing a manufactured home as residential real property or selling a  manu-
    42  factured  home  that  has  been or will be converted to residential real
    43  property, issue to the grantee or purchaser either a warranty deed or  a
    44  quitclaim  deed  that  is  drafted in substantially the form provided in
    45  subdivisions two or three of this section.
    46    2. A deed that is substantially in the form provided in this  subdivi-
    47  sion  shall, when duly executed and delivered, have the force and effect
    48  of a deed in fee simple to  the  grantee,  the  heirs,  successors,  and
    49  assigns,  to  their  own use, with covenants on the part of the grantor,
    50  for the grantor, the  grantor's  heirs,  executors,  and  administrators
    51  that,  at the time of the delivery of the deed, the grantor was lawfully
    52  seized in fee simple of the manufactured  home;  that  the  manufactured
    53  home  was free from all encumbrances, except as stated; that the grantor
    54  had good right to sell and convey the same to the grantee, the grantee's
    55  heirs, successors, and assigns; and that the grantor and  the  grantor's

        A. 11219                           11
     1  heirs,  executors,  and administrators shall warrant and defend the same
     2  to the grantee and the grantee's heirs, successors, and assigns, against
     3  the lawful claims and demands of all persons. No owner of land on  which
     4  a  manufactured  home is affixed to land shall unreasonably withhold the
     5  consent required by this statutory form.
     6    Form for Manufactured home Warranty Deed
     7    ______, of ______, County, State of ______, ("Grantor"), for
     8    consideration paid, grants to ___ of Street, ___ (City, Town, Village)
     9    of ___, ___ County, State of ___ ("Grantee"), with warranty
    10    Covenants as provided in subdivision 1 of § 339-nn of the real proper-
    11  ty law, the _______ (description of manufactured  home  being  conveyed:
    12  name   of  manufacturer,  model  and  serial  number  and  encumbrances,
    13  exceptions, reservations, if any) which manufactured home is affixed  to
    14  land,  or  is  to be affixed to land, at _______ (state name of park, if
    15  any,  and  street  address),  ____________  (City,  Town,  Village)   of
    16  ________, _______ County, State of New York. The tract or parcel of land
    17  upon which the manufactured home is Affixed to land, or is to be affixed
    18  to  land,  is  owned  by ________ by deed dated and recorded at ________
    19  Book _______, Page _________ in the land  records  of  the  ____  County
    20  _________ (City, Town, Village) of ___________.
    21    [ ]  the manufactured home has been affixed to land in accordance with
    22  Real Property Law § 339-oo.
    23    Signed this _____ day of ________, ____.
    24    (Here add acknowledgment)
    25    ______________, owner of the tract or parcel of land  upon  which  the
    26  aforesaid  manufactured  home is affixed to land, or is to be affixed to
    27  land, hereby consents to the conveyance of the manufactured home.
    28    Signed this _______ day of ________, ___.
    29    (Here add acknowledgment)
    30    [ ] Check box if the manufactured home has  been  relocated  from  one
    31  site to another within New York, and attach a Relocation Statement.
    32    3.  A deed that is substantially in the form provided in this subdivi-
    33  sion shall, when duly executed and delivered, have the force and  effect
    34  of  a  deed  in  fee  simple  to the grantee, the heirs, successors, and
    35  assigns, to their own use. No owner of land on  which  the  manufactured
    36  home  is affixed to land shall unreasonably withhold consent required by
    37  this statutory form.
    38    Form for Manufactured home Quitclaim Deed
    39    _____, of ______, ________ County, State of _______  ("Grantor"),  for
    40  consideration  paid,  grants  to  _____  of  _____  Street, (City, Town,
    41  Village) of __________, _________ County,  State  of  _________  ("Gran-
    42  tee"),  with  quitclaim covenants, the (description of manufactured home
    43  being conveyed:   name of manufacturer,  model  and  serial  number  and
    44  encumbrances,  exceptions, reservations, if any) which manufactured home
    45  is affixed to land, or is to be affixed to  land,  at  _________  (state
    46  name  of park, if any, and street address), ______ (City, Town, Village)
    47  of _______ County, State of New York.
    48    The tract or parcel of  land  upon  which  the  manufactured  home  is
    49  affixed  to  land  or is to be affixed to land, is owned by _________ by
    50  deed dated ______ and recorded at Book _____, Page _______, in the  land
    51  records of(City, Town, Village) of ______ County, State of New York.
    52    [ ]  the manufactured home has been affixed to land in accordance with
    53  Real Property Law § 339-oo.
    54    Signed this _______ day of ______, _____.
    55    (Here add acknowledgment)

        A. 11219                           12
     1    _______, owner of the parcel of land upon which the aforesaid manufac-
     2  tured home is affixed to land, or is  to  be  affixed  to  land,  hereby
     3  consents to the conveyance of the manufactured home.
     4    Signed this _____ day of _____, _____.
     5    (Here add acknowledgment)
     6    [ ]  Check  box  if  the manufactured home has been relocated from one
     7  site to another within New York, and attach a relocation statement.
     8    § 339-oo. Manufactured homes affixed to land. 1. For purposes of  this
     9  section:    (a)  "manufactured home" means a structure, transportable in
    10  one or more sections, which in the traveling mode, is eight body feet or
    11  more in width or forty body feet or more in length, or when  erected  on
    12  site, is three hundred twenty or more square feet, and which is built on
    13  a  permanent chassis and designed to be used as a dwelling with or with-
    14  out a permanent foundation when connected  to  required  utilities,  and
    15  includes  the plumbing, heating, air-conditioning and electrical systems
    16  contained therein. The term includes any structure that meets all of the
    17  requirements of this paragraph  except  the  size  requirements  if  the
    18  manufacturer  voluntarily  files  a certification required by the United
    19  States secretary of housing and urban development and complies with  the
    20  standards established under title 42 of the United States code;
    21    (b)  "affixed  to  land" means a manufactured home that has the towing
    22  hitch, wheels, or axles removed, and  the  manufactured  home  has  been
    23  connected to a source of electricity or any residential utility, such as
    24  sewage, septic, water, gas, or oil or will be placed at a site that will
    25  be connected to a source of electricity or any residential utility.
    26    2.  A manufactured home that is affixed to land may be defined as real
    27  property by election of the manufactured home owner  by  filing  a  deed
    28  with  the recording officer of the county where the manufactured home is
    29  affixed to land and in accordance with this  section.  The  manufactured
    30  home  owner  shall  file  the  deed with the recording officer where the
    31  manufactured home is located within fifteen days of  affixation  of  the
    32  manufactured home.
    33    3.  A manufactured home that is affixed to land and the land is either
    34  owned by the owner of the manufactured home or leased by  the  owner  of
    35  the  manufactured  home  may be financed as residential real property. A
    36  manufactured home that is financed as residential real property shall be
    37  defined as real property.
    38    4. When a manufactured home that is affixed to land is  deemed  to  be
    39  real  property  pursuant to this section, the manufactured home shall be
    40  deemed to be real property for all purposes and shall be governed by the
    41  laws of this state applicable to real property to the extent they do not
    42  conflict with this article or sections two hundred  twenty-two  and  two
    43  hundred  thirty-three-a  of this chapter. Any mortgage, lien or security
    44  interest which can attach to land, buildings erected thereon or fixtures
    45  affixed thereto, shall attach, as of the date of recording in  the  same
    46  manner as real property to the manufactured home. Title to such manufac-
    47  tured home shall be transferred by deed in accordance with this section,
    48  unless  the owner of the manufactured home is not the owner of the land,
    49  whereupon the consent of the owner of the real property is  required  to
    50  transfer the manufactured home which shall not be unreasonably withheld.
    51    5.  A  manufactured home which is affixed to land intended for contin-
    52  uous residential occupancy by the owner on land owned or leased  by  its
    53  owner  shall  be  considered a homestead under section fifty-two hundred
    54  six of the civil practice law and rules.
    55    § 339-pp. Recording. 1. For purposes of this article, article nine  of
    56  this  chapter shall apply to the recording of conveyances, encumbrances,

        A. 11219                           13
     1  and liens of manufactured homes which are considered  real  property  to
     2  the  extent  that  it does not conflict with this article, in which case
     3  this article shall control.
     4    2.  No  mortgage  recording tax shall be imposed at the time a deed is
     5  recorded for a manufactured home.
     6    § 339-qq. Procedure to convert manufactured home to real property.  1.
     7  Any manufactured home that is financed pursuant to a motor vehicle loan,
     8  motor vehicle retail installment  contract,  "rent-to-own"  contract  as
     9  defined  in paragraph nine of subdivision a of section two hundred thir-
    10  ty-three of this chapter, or another form of chattel  mortgage,  if  the
    11  manufactured  home is subsequently financed or conveyed as real property
    12  pursuant to this section, or a manufactured home  sold  outright  to  be
    13  transferred  as  real property if previously owned as chattel, the manu-
    14  factured home shall be converted to real property as follows:
    15    (i) if the manufactured home has a certificate of title as a  vehicle,
    16  the  manufactured homeowner shall follow the procedures in section twen-
    17  ty-one hundred twenty-one of the the vehicle and traffic law for release
    18  of the security interest, except that the commissioner of motor vehicles
    19  may release the lienholder's rights on the  certificate  but  shall  not
    20  issue  a  new  certificate upon satisfaction of the requirements of that
    21  section.  The manufactured homeowner shall provide proof of the  conver-
    22  sion  to  real property to the commissioner of motor vehicles in accord-
    23  ance with section twenty-one hundred  twenty-four  of  the  vehicle  and
    24  traffic law; and
    25    (ii)  if  the  chattel  mortgage  or security interest is filed with a
    26  recording officer or department of state,  the  homeowner  must  file  a
    27  termination  statement  of  the  security  interest  once they have been
    28  released of the lien by the lienholder with the recording officer  where
    29  the  chattel mortgage for the manufactured home was last recorded and as
    30  required by this section.
    31    2. A request to purge the security interest  shall  be  filed  with  a
    32  recording  officer  of  the  county  where the manufactured home will be
    33  affixed to land, and shall include the most recent uniform bill of  sale
    34  and  either the certificate of origin or a certificate of title, and the
    35  terminated uniform commercial code financing  statement  or  statements,
    36  and  an  executed  warranty  or  quitclaim  deed, which shall be drafted
    37  substantially in the form provided in this section.
    38    3. Upon the filing by the recording officer of the deed, and upon  the
    39  owner's procuring the consent of the holders of any security interest in
    40  the  manufactured  home  shown  to  be unreleased, the manufactured home
    41  shall become real property.
    42    4. Upon receiving a request to purge the security interest of a  manu-
    43  factured  home  which fulfills the requirements of this section, or upon
    44  filing a deed in  accordance  with  subdivision  two  of  section  three
    45  hundred thirty-nine-oo of this article, the recording officer shall mark
    46  or  stamp  the most recent of either the vehicle bill of sale or certif-
    47  icate of origin or certificate of title with the word  "converted",  and
    48  shall  send  the  marked  or stamped document to the department of motor
    49  vehicles to inform the commissioner that the manufactured home has  been
    50  converted  to  real property and shall no longer be a registered vehicle
    51  in the department of motor vehicles. The commissioner of motor  vehicles
    52  shall maintain records of the conversion in the same manner and duration
    53  as it keeps its records for vehicles.
    54    5.  (a)  A  manufactured home that has been converted to real property
    55  shall not be converted or redefined as personal property.

        A. 11219                           14
     1    (b) A manufactured home that  is  converted  to  real  property  shall
     2  continue  to  be  considered a manufactured home for the purposes of the
     3  New York state uniform fire prevention and building code, the  New  York
     4  state  energy code, article twenty-one-b of the executive law, and arti-
     5  cle thirty-five of the general business law.
     6    §  339-rr.  Relocation  of  a  manufactured  home to another county or
     7  state. 1. If a deed for any manufactured home is recorded by the record-
     8  ing officer of the county in which the manufactured home is  affixed  to
     9  land,  and if that manufactured home is relocated to another site within
    10  the state of New York, the owner of the manufactured home shall,  within
    11  fifteen days of the relocation, do all of the following:
    12    (i) File with the recording officer where the deed was last recorded a
    13  relocation statement substantially in the form provided in this subdivi-
    14  sion;
    15    (ii)  File  with  the recording officer where the manufactured home is
    16  relocated a copy of the relocation statement as required by this  subdi-
    17  vision,  together  with the deed filed with the recording officer of the
    18  county where the manufactured home was previously sited. If the  records
    19  of  a  county in which the deed or conveyance is recorded are destroyed,
    20  an attested copy of the deed or  other  conveyance  from  the  recording
    21  officer  shall have the same validity as a copy from the recording offi-
    22  cer's office; and
    23    (iii) Provide a copy of the relocation  statement  filed  pursuant  to
    24  this  subdivision  to  the  holders of any unreleased, recorded security
    25  interests in the manufactured home.
    26    Form for Relocation Statement
    27    _____, of  ____,_____  County,  State  of  ______,  is  the  owner  of
    28  (description of manufactured home: name of manufacturer, model and seri-
    29  al  number  and  encumbrances,  exceptions, reservations, if any), which
    30  manufactured home has been relocated.
    31    The manufactured home was previously located at _____ (state  name  of
    32  park, if any, and street address), (City, Town, Village) of ______ Coun-
    33  ty,  State  of  New  York and title, if any, to the same was recorded at
    34  Book ______, Page _____,________ in the  records  of  the  (City,  Town,
    35  Village)  of _____. _____ The manufactured home is/has been relocated to
    36  ____ (state name of park, if any, and street address),  ________  (City,
    37  Town,  Village)  of _______,_______ County, State of New York and title,
    38  if any, to the same was recorded at Book _________ , Page _____, in  the
    39  records  of the (City, Town, Village) of _______. _________ The tract or
    40  parcel of land upon which the manufactured home is Affixed  to  land  is
    41  owned  by  _______  by deed dated _______ and recorded at Book _______ ,
    42  Page ________ in the land records of the (City, Town, Village) of  _____
    43  .
    44    The  manufactured  home is subject to an existing mortgage by ________
    45  in favor of ________, recorded at Book ________, Page ____ , in the land
    46  records of the (City, Town, Village) of __________.
    47    If the relocation is to a county in New York other than the county  in
    48  which  the deed to the Grantor was recorded, a duplicate original of the
    49  deed to the Grantor shall be recorded in the land records of the  county
    50  of the relocation at the same time this statement is recorded.
    51    Signed this _______ day of ______, _____.
    52    2.  An  out-of-state  transfer  statement  substantially  in  the form
    53  provided in this subdivision shall, when duly executed and  recorded  by
    54  the  recording  officer  in  which  the manufactured home was previously
    55  located, have the force and effect of transferring title of the manufac-
    56  tured home to the grantee, the grantee's heirs, successors, and  assigns

        A. 11219                           15
     1  and terminating the record title or deed of the manufactured home in the
     2  county  records  under  circumstances  by which the manufactured home is
     3  relocated outside this state. No owner of land on which  a  manufactured
     4  home  is  sited shall unreasonably withhold the consent required by this
     5  statutory form. No manufactured home may be relocated to a site  outside
     6  this state unless all holders of liens, attachments, or encumbrances, if
     7  any, consent in writing on the transfer statement.
     8    Form for Out-of-State Transfer Statement
     9    _____,  of  _____,  County, State of _______("Grantor"), for consider-
    10  ation paid, ________ grants  to  ________,  (complete  mailing  address)
    11  ______,______    of  _____  Street,  (City,  Town,  Village) of _______,
    12  _________ County, State of ("Grantee"), the __________  (Description  of
    13  manufactured home being conveyed: name of manufacturer, model and serial
    14  number  and  encumbrances, exceptions, reservations, if any) which manu-
    15  factured home was situated at (state name of park, if  any,  and  street
    16  address  (City,  Town,  Village)  ______of________  County, State of New
    17  York. The tract or parcel of land upon which the manufactured  home  was
    18  affixed  to land is owned by__________ by_____ deed ______ dated _______
    19  and recorded at Book _______,  Page  ________  in  the  ________  County
    20  Registry of Deeds.
    21    The  manufactured  home is transferred subject to an existing mortgage
    22  by _______in favor of _______, recorded at Book ______,  Page  ____,  in
    23  the  land  records of the County (City, Town, Village) of _______, State
    24  of New York.
    25    Signed this ___________ day of ________, _________.
    26    (Here add acknowledgment) _____________, owner of the tract or  parcel
    27  of  land upon which the aforesaid manufactured home was situated, hereby
    28  consents to the conveyance of the manufactured home.
    29    Signed _______ this day of ______, ______.
    30              (Here add acknowledgment)
    31    _________, holder of (lien, attachment or encumbrance) hereby  consent
    32  to  the conveyance of the aforesaid manufactured home, subject to condi-
    33  tion that the aforesaid (lien, attachment or encumbrance)  shall  remain
    34  in force and effect thereon.
    35    Signed this __________ day of ________, _______.
    36  (Here add acknowledgment)
    37    3.  An  attachment, mortgage, security interest, lien, or other encum-
    38  brance on  a  manufactured  home,  when  properly  perfected,  shall  be
    39  enforceable  until released or discharged notwithstanding the relocation
    40  of the manufactured home within or outside this state.
    41    4. Nothing in this section shall impair any rights existing under  law
    42  prior to the effective date of this section of anyone claiming an inter-
    43  est in a manufactured home, except as provided in this section.
    44    §  339-ss.  Home  warranty.  A warranty that applies to a manufactured
    45  home when it is sold and rights arising from a breach  of  the  warranty
    46  are  not affected by a subsequent change in the home's classification as
    47  real property pursuant to this article. No additional  warranty  applies
    48  to  a  manufactured  home  solely  because of a subsequent change in the
    49  home's classification as real property.
    50    § 339-tt. Relation to other law. 1. If  a  manufactured  home  becomes
    51  real  property  pursuant to this article, it is not a fixture and is not
    52  subject to the law of fixtures after the conversion.
    53    2. Any statutory fees for the recording of deeds as authorized by this
    54  chapter are applicable to this article.

        A. 11219                           16
     1    3. Any fees to be paid to the department of motor vehicles as  author-
     2  ized  by section twenty-one hundred twenty-five of the vehicle and traf-
     3  fic law shall be due according to such section.
     4    §  339-uu. Disposition of liens on vehicles. Neither the act of affix-
     5  ing a manufactured home to land, nor the recording of a  deed,  nor  the
     6  financing  of  a  manufactured  home  as real property, shall impair the
     7  rights of any holder of a  security  interest  in  a  manufactured  home
     8  perfected  as  provided  in  section  twenty-one hundred eighteen of the
     9  vehicle and traffic law, unless the procedures for a release of any lien
    10  as provided in section twenty-one hundred twenty-one of the vehicle  and
    11  traffic law are complete. Upon the filing of such a release, the securi-
    12  ty interest created under the vehicle and traffic law terminates.
    13    §  339-vv.  Conveyance  and  encumbrances.  Except as provided in this
    14  article, financing as residential real  property  is  not  necessary  to
    15  convey or encumber a manufactured home.
    16    § 339-ww. Severability. If any provision of this article or the appli-
    17  cation thereof to any person or circumstances is held invalid, the inva-
    18  lidity  shall not affect other provisions or applications of the article
    19  which can be given effect without the invalid provision or  application,
    20  and to this end the provisions of this article are declared to be sever-
    21  able.
    22    §  15.  The  section  heading  and  paragraph  2 of subdivision (a) of
    23  section 2124 of the vehicle and traffic law, as added by chapter 322  of
    24  the laws of 1993, are amended to read as follows:
    25    Suspension [or], revocation, or non-transferability of certificates.
    26    (2) [Notwithstanding any other provision of law, the] The commissioner
    27  shall not suspend or revoke a certificate of title to a vehicle which is
    28  a  mobile  home  or manufactured home by reason of the fact that, at any
    29  time, in any manner, it shall have become attached to realty except that
    30  the commissioner shall not transfer title ownership to or issue a dupli-
    31  cate title for a manufactured home once in receipt  of  notice  in  such
    32  form and manner as the commissioner may prescribe that such manufactured
    33  home  has  been  converted  to  real  property pursuant to section three
    34  hundred thirty-nine-qq of the real property law.
    35    § 16. Paragraph 4 of section 6-2.1 of the estates, powers  and  trusts
    36  law,  as  amended by chapter 480 of the laws of 1995, is amended to read
    37  as follows:
    38    (4) Only as to real property and, on and after January first, nineteen
    39  hundred ninety-six, as to the shares of stock of a cooperative apartment
    40  corporation allocated to an apartment or unit together with  the  appur-
    41  tenant  proprietary lease, and, on and after January first, two thousand
    42  nineteen a manufactured home that has been converted  to  real  property
    43  pursuant  to  section  three hundred thirty-nine-qq of the real property
    44  law, tenancy by the entirety.
    45    § 17. This act shall take effect January 1, 2019.
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