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S5881

An act to amend the Real Property Law — 2023-05-03 · Calendar #600

The New York State Senate passed legislation sponsored by Sen. Skoufis to strengthen protections for manufactured home park residents facing sales to developers, approving the measure 49-12 on a roll call vote. The bill, S5881, amends Real Property Law to give residents and their associations 60 days to exercise a right of first refusal to purchase parks slated for conversion to other uses, down from 140 days in earlier versions. The measure includes enforcement provisions allowing residents and other impacted parties to sue for violations, seek injunctive relief, and recover actual damages and attorney fees. Sen. Walczyk led opposition, arguing the broad lawsuit provision would increase legal costs that park owners would pass to residents through higher rents, ultimately discouraging investment in parks and harming the residents the bill aims to protect. Sen. Skoufis countered that lawsuits require actual violations of the bill's procedural requirements—notice, purchase windows, and eligible purchasers—not merely disagreement with deal terms. The sponsor noted the bill represents a compromise addressing concerns raised in a prior gubernatorial veto, and that a comparable version passed the chamber 59-4 last year. Twelve Republicans voted against the measure.
PASSED Ayes: 49 · Nays: 12

Debate Summary

The bill amends Real Property Law to modify protections for manufactured home park residents when parks are sold to developers. Sen. Walczyk questioned the sponsor about the timeline for residents' right of first refusal to purchase parks, enforcement mechanisms, and the scope of who can bring legal action for violations. Sen. Skoufis clarified that the bill reduces the purchase window to 60 days (down from 140 in prior versions), includes enforcement provisions in subsection 6, and allows any impacted party to sue for violations. Sen. Walczyk argued the broad lawsuit provision would increase legal costs passed to residents through higher rents and discourage park investment.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Skoufis aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Griffo nay Republican
Helming nay Republican
Martins nay Republican
Murray nay Republican
O'Mara nay Republican
Rhoads nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican