Pennsylvania SB 746: An Act amending the act of November 24, 1976 (P.L.1176, No.261), known as the Manufactured Home Community Rights Act, providing for residents' right to purchase manufactured home community; and further providing for remedies.

Bill Text

PRIOR PRINTER'S NO. 873 PRINTER'S NO. 1793
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 746
Session of
2025
INTRODUCED BY SCHWANK, COSTA, PENNYCUICK, KEARNEY, SAVAL, KANE,
BAKER, MUTH, CAPPELLETTI, VOGEL, FONTANA, L. WILLIAMS,
HAYWOOD, MILLER, MASTRIANO, SANTARSIERO, COLLETT, STREET,
COMITTA, MALONE AND BOSCOLA, JUNE 3, 2025
SENATOR PICOZZI, URBAN AFFAIRS AND HOUSING, AS AMENDED,
JUNE 8, 2026
AN ACT
Amending the act of November 24, 1976 (P.L.1176, No.261),
entitled "An act providing for the rights and duties of
manufactured home owners or operators and manufactured home
lessees," providing for residents' right to purchase
manufactured home community; and further providing for
remedies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 24, 1976 (P.L.1176, No.261),
known as the Manufactured Home Community Rights Act, is amended
by adding a section to read:
Section 11.4. Residents' Right to Purchase Manufactured Home
Community.--(a) When a manufactured home community owner
markets or offers the community for sale, or receives a bona
fide purchase offer that the community owner intends to accept
or counter, the community owner shall notify prospective
purchasers that the sale, acceptance or counteroffer is subject
to the residents' right to purchase the community under this
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section. Notwithstanding any law or agreement to the contrary,
an agreement for the sale of a manufactured home community shall
be subject to the residents' right to purchase under this
section and shall not include terms that favor a nonresident
purchaser or impose penalties on the community owner for
complying with the requirements under this section.
(b) The following shall apply:
(1) At least 90 days before entering into an agreement to
sell a manufactured home community, the manufactured home
community owner shall provide written notice of the opportunity
to purchase by certified mail to all of the following:
(i) Each resident.
(ii) The resident association, if a resident association
exists.
(iii) The Pennsylvania Housing Finance Agency. DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT.
(iv) The local housing authority.
(v) The municipality where the community is located.
(2) The notice under paragraph (1) shall specify the price,
terms and conditions of the proposed sale and state that
residents have 90 days to submit a competing offer.
(c) The following shall apply:
(1) A resident association representing at least 25% of the
manufactured home spaces or a nonprofit organization, including
a community development corporation, housing authority or
redevelopment authority acting on behalf of the residents of at
least 25% of the spaces, may exercise the residents' right to
purchase the community under this section.
(2) To exercise the right under paragraph (1), the resident
association or nonprofit organization shall deliver to the
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community owner, within the 90-day period under subsection (b)
(1), a written notice of intent to make an offer to purchase the
community. The resident association or nonprofit organization
may file a copy of the notice under this paragraph with the
recorder of deeds.
(d) If a notice of intent is timely delivered under
subsection (c)(2), the resident association or nonprofit
organization shall have the right to purchase the community by
delivering to the community owner, within 120 days of the notice
of intent, an executed offer matching the price with
substantially the same terms and conditions in the notice under
subsection (b)(2). During the 120-day period under this
subsection, the community owner shall not accept any other
purchase offer for the community.
(e) Within 10 days of a written request from the resident
association or nonprofit organization, the community owner shall
provide documents, data and other information relevant to the
sale of the community and cooperate with requests for
inspections, testing or surveys to enable the resident
association or nonprofit organization to prepare an offer under
subsection (d).
(f) The community owner shall negotiate the sale of the
community in good faith, including evaluating offers without
regard to financing or payment type or contingencies, including
appraisals or title work, and provide a written response within
seven days of receiving an offer to the prospective purchaser.
If an offer is rejected by the community owner, the response
shall explain the rejection and specify terms required for
acceptance of the offer.
(g) The following shall apply:
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(1) All time periods specified in this section may be
extended by mutual agreement between the community owner and the
prospective purchaser.
(2) The 120-day period to deliver an offer