Resident-Owned Mobile Home Parks in New York: Your Rights & Steps

If you rent a lot or home in a mobile home park in New York, you may wonder if you and your neighbors can purchase your park and take control as resident owners. Laws in New York provide options and protections for mobile home park residents during a park sale, but the process has specific rules and steps. This guide will help you understand your rights, the legal process, and where to find help if your park is being sold.

Understanding Park Sales and Resident Purchase Rights in New York

In New York, state law requires mobile home park owners to give residents advance notice if they intend to sell or change the use of the park. This gives residents an opportunity to make a collective offer to buy the park themselves. The relevant laws are found in New York Real Property Law - Section 233 (also known as the "Mobile Home Tenant Protection Act").^[1]

Key Steps in the Resident Purchase Process

• Notice of Intent to Sell: The park owner must give written notice to all residents, providing at least 90 days advance warning before selling or seeking offers from outside buyers. This is called the "Notice of Sale of Manufactured Home Park" (HCR Form MHP-5).
• Opportunity to Purchase: Residents (usually organized as a cooperative, association, or other entity) have a chance to make an offer to purchase the park during this window.
• Acceptance or Negotiation: If residents submit an offer that matches or exceeds an outside offer, the owner must sell to the residents, subject to reasonable terms.
• Time Limits and Procedures: The law outlines strict timelines for both residents and park owners regarding responses and acceptance.

These steps help ensure residents have a real chance to secure long-term stability by becoming park owners.

Required Forms and How to Use Them

• Notice of Sale of Manufactured Home Park (HCR Form MHP-5): This official notice must be sent by the park owner to every resident and the New York State Division of Housing and Community Renewal (DHCR). Residents use this notice as a trigger to begin organizing their response or exploring a purchase.
  Download HCR Form MHP-5
• Resident Organization Documents: Residents may need to formally organize (for example, forming a cooperative or association) and register their entity. For state guidance, visit the New York Department of State Business Entities Portal.

Example: If your park owner delivers an MHP-5 Notice, your resident association should meet promptly, seek legal and financial advice, and, if interested, submit a written offer through your organized group within the 90-day timeframe.

Who Oversees Park Sales and Disputes in New York?

The Office of Rent Administration (ORA) within the New York State Division of Housing and Community Renewal (DHCR) handles mobile home park regulatory issues. You can contact them for guidance or to file related complaints.

Relevant Legislation Protecting Mobile Home Park Residents

• New York Real Property Law Section 233 – The Mobile Home Tenant Protection Act
• Section 233-a – Protections During Park Conversion to Resident Ownership

These laws govern notice periods, procedures, and your rights as a resident during a park sale or conversion.

Action Steps for Residents: Making a Purchase Offer

If you're considering buying the park with other residents:

• Review the MHP-5 Notice and verify the timeline
• Form a residents' group or cooperative (formal legal entity)
• Consult with legal and housing experts or groups (such as DHCR)
• Evaluate your group's financial capacity and secure strategies for financing
• Submit a written purchase offer within the 90-day window
• Stay in contact with DHCR and monitor compliance by the park owner

Following these steps increases your group’s chances of a successful transition to resident ownership.

FAQ: Mobile Home Park Resident Ownership in New York

1. What is the 90-day notice requirement for park sales in New York?
   The law requires park owners to give at least 90 days’ written notice before selling or changing the use of a manufactured home park, allowing residents a window to make a purchase offer.
2. Can residents force the owner to sell the park to them?
   No, but if residents make a matching or better offer during the right period, the owner must sell to the residents under the law’s terms.
3. What if my park owner did not give the proper notice?
   Residents can file a complaint with the DHCR’s Office of Rent Administration to contest the sale or seek to enforce their rights under state law.
4. Do all residents have to agree to purchase the park?
   Usually, a majority must support the effort, and residents will need to form a legal entity such as a cooperative or association to submit the offer.
5. Where do I get help organizing a residents’ purchase?
   The New York State DHCR and local nonprofit housing organizations can provide guidance and resources on forming cooperatives and legal steps.

Conclusion: Key Takeaways

• New York law gives mobile home park residents advance notice and an opportunity to buy their park during a sale.
• Pay attention to the official MHP-5 notice; timing is crucial.
• The DHCR and Office of Rent Administration are valuable resources for renters seeking to organize and act.

Need Help? Resources for Renters

• NY State DHCR Manufactured Home Program – Questions, complaints, and official forms
• DHCR Contact Page – Find the right office for mobile home issues
• NY Courts: Housing Court Information
• NY Department of State: Business Entity Formation (for resident-organized co-ops)
• Consider calling 1-866-ASK-DHCR for direct help or questions

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1. New York Real Property Law Section 233 – Mobile Home Tenant Protection Act
2. NY State DHCR – Manufactured Home Parks (For Owners and Residents)
3. NY State HCR Form MHP-5: Notice of Sale

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