Selling a mobile home in New York

New York's Real Property Law §233 strongly protects a resident's right to sell the home where it sits, limits the park's buyer-approval power, guarantees buyer access, and bars sale commissions unless the park acted as the seller's agent. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in New York.

What the statute says

N.Y. Real Property Law §233(i)(1) provides that "no manufactured home park owner or operator shall deny any manufactured home tenant the right to sell his manufactured home within the manufactured home park provided the manufactured home tenant shall give to the manufactured home park owner or operator twenty days' written notice of his intention to sell" (no notice is required from a deceased owner's executor). It adds that "no manufactured home park owner or operator shall restrict access to the manufactured home park to any potential purchaser" unless necessary to protect the park "from substantial harm," and that the park shall not "require the manufactured home owner or subsequent purchaser to remove the manufactured home from the manufactured home park solely on the basis of the sale." The park "may reserve the right to approve the purchaser ... but such permission may not be unreasonably withheld."

Section 233(i)(2) provides that the park "shall not exact a commission or fee with respect to the price realized by the seller unless the manufactured home park owner or operator has acted as agent for the manufactured home owner in the sale pursuant to a written contract."

How it works in general

A New York resident may sell the home on its lot after giving the park 20 days' written notice of intent to sell. The park can't keep prospective buyers out (absent a real risk of substantial harm), can't force the home out just because it sold, and can't unreasonably refuse to approve the buyer as a tenant. The park can't take a cut of the sale price unless it actually served as the seller's agent under a written contract. Because the home isn't DMV-titled (see the New York title and taxes guide), the bill of sale and the park's buyer-approval process are the core of the transaction.

Common scenarios

General examples New York park residents commonly encounter:

• A park tries to block the sale or keep buyers out. The right to sell in place and buyer access are protected (§233(i)(1)).
• A park demands a commission. None is allowed unless it acted as agent by written contract (§233(i)(2)).
• A park refuses to approve a buyer. Approval can't be unreasonably withheld (§233(i)(1)).

Other authorities that may apply

Real Property Law §233 protects the in-park sale and limits buyer approval and commissions. Ownership transfers by bill of sale (there is no DMV title; see the New York title and taxes guide). The New York Attorney General enforces §233, federal law such as the Fair Housing Act can apply to buyer screening, and any financing documents also control.