Bill Text: NY S04761 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the change in the use of the land comprising the manufactured home park.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S04761 Detail]
Download: New_York-2011-S04761-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4761
2011-2012 Regular Sessions
I N S E N A T E
April 20, 2011
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07572-02-1
S. 4761 2
1 or the end of the lease term, whichever is later. Such notice shall be
2 served in the manner prescribed in section seven hundred thirty-five of
3 the real property actions and proceedings law or by certified mail,
4 return receipt requested. NOTHING HEREIN SHALL BE CONSTRUED TO DIMINISH
5 OR EXCUSE THE REQUIREMENT FOR FACTUAL ARTICULATION REQUIRED BY ANY
6 NOTICE WHICH HERETOFORE MAY HAVE BEEN MADE PURSUANT TO THIS SECTION.
7 (ii) Where a purchaser of a manufactured home park certified that such
8 purchaser did not intend to change the use of the land pursuant to para-
9 graph (b) of subdivision two of section two hundred thirty-three-a of
10 this article, no eviction proceedings based on a change of use shall be
11 commenced until the expiration of sixty months from the date of the
12 closing on the sale of the park. NO MANUFACTURED HOME PARK OWNER OR
13 OPERATOR SHALL PROCEED UNDER THIS PARAGRAPH TO THE EXTENT THAT IT IS THE
14 INTENTION OF THE MANUFACTURED HOME PARK OWNER OR OPERATOR TO CAUSE THE
15 MANUFACTURED HOME PARK TO BE VACATED.
16 S 2. Paragraph (a) of subdivision 2 of section 233-a of the real prop-
17 erty law, as added by chapter 561 of the laws of 2008, is amended to
18 read as follows:
19 (a) If a manufactured home park owner MARKETS FOR SALE OR receives a
20 bona fide offer to purchase a manufactured home park that such manufac-
21 tured home park owner intends to accept, such manufactured home park
22 owner shall require [the] ANY prospective purchaser to provide, in writ-
23 ing, the certification required by paragraph (b) of this subdivision,
24 and shall not accept any offer to purchase, nor respond with a counter-
25 offer until such manufactured home park owner has received such certif-
26 ication.
27 S 3. Subdivisions 3 and 4 of section 233-a of the real property law
28 are renumbered subdivisions 4 and 5 and a new subdivision 3 is added to
29 read as follows:
30 3. IN THE EVENT THAT THE MANUFACTURED PARK OWNER OR OPERATOR IS A
31 CORPORATION, COMPANY, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR LIMITED
32 LIABILITY PARTNERSHIP, SAID CORPORATION, COMPANY, LIMITED LIABILITY
33 COMPANY, PARTNERSHIP, OR LIMITED LIABILITY PARTNERSHIP SHALL BE PROHIB-
34 ITED FROM SERVING THE NOTICE REQUIRED PURSUANT TO PARAGRAPH SIX OF
35 SUBDIVISION B OF SECTION TWO HUNDRED THIRTY-THREE OF THIS ARTICLE, WITH-
36 IN SIXTY MONTHS OF THE SALE, TRANSFER, CONVEYANCE, OR ASSIGNMENT, BY
37 OPERATION OF LAW OR OTHERWISE, OF ANY PORTION OF OWNERSHIP INTEREST IN
38 SAID CORPORATION, COMPANY, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR
39 LIMITED LIABILITY PARTNERSHIP.
40 S 4. This act shall take effect immediately.
