NY State Senate Bill 2011-S4126

Senate Bill S4126

2011-2012 Legislative Session

Authorizes the utilization of manufactured housing for persons of lower, moderate or fixed income

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to housing, construction and community development
Mar 21, 2011	referred to housing, construction and community development

2011-S4126 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Private Housing Finance Law
Laws Affected:: Add Art 24-A §§1175 - 1177, Priv Hous Fin L

2011-S4126 (ACTIVE) - Summary

Authorizes the utilization of manufactured housing for persons of lower, moderated or fixed income by prohibiting municipalities from enacting zoning restrictions on manufactured housing which are more stringent than the restrictions applicable to fixed on-site constructed housing.

2011-S4126 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4126

TITLE OF BILL:
An act
to amend the private housing finance law, in relation to enacting
the affordable housing act relating to the utilization of
manufactured housing  as affordable housing for persons of lower,
moderate or fixed incomes

PURPOSE:
This legislation represents a study bill regarding the utilization of
manufactured housing as a vehicle towards promoting more affordable
housing by requiring the equal application of local land-use controls
and appearance criteria to both manufactured housing and site-built
housing.

SUMMARY OF PROVISIONS:
This bill adds a new Article XXIV-A to the Private Housing Finance Law
to join any municipality from prohibiting the installation of
manufacture housing on a permanent foundation that is manufactured or
constructed under the authority of the federal National Mobile Home
Construction and Safety Act of 1974 (42 D.S.C. 5401 et seq.). It
defines a "manufactured home" as a single-family dwelling which:
consists of one or more transportable sections that are substantially
constructed off site and, if more than one section, are joined
together on site; is built on a permanent chassis; is designed to be

used as a dwelling on a permanent foundation; and is manufactured in
accordance with and certified pursuant to the standards promulgated
for a manufactured home pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974.

The bill further provides that no municipality could enact or impose
aesthetic and architectural standards or other requirements for
single family residential dwellings that would have the effect of
excluding manufactured housing. Uniform standards for roof overhang,
roofing material, and siding material could be imposed consistent
with the aforementioned restriction.

JUSTIFICATION:
Frequently, local governments make no provision for manufactured
housing in their zoning regulations or enact regulations designed to
exclude this type of housing. During the past decade the improved
design, appearance, and significant technological advances of
manufactured housing have made it equivalent to conventional,
site-built, single-family dwellings. This statute, which is modeled
after one advocated by the American Bar Association, represents a
study bill and is predicated on the belief that manufactured housing
provides homeowners with an afford- able source of decent, safe, and
sanitary housing on a permanent basis and that the State should
promote its utilization to provide housing opportunities for persons
with low, moderate, and fixed incomes. Given the growing disparity
between the demand for housing and the ability to produce housing at
an affordable price, there exists a need for state-enabling
legislation such as this bill to oversee local government regulation
of manufactured housing.


LEGISLATIVE HISTORY:
S.6246 (2006-2007)
A.4684 (2004)

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4126 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4126

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 private housing finance law, in relation to enacting
  the affordable housing act relating to the utilization of manufactured
  housing  as affordable housing for persons of lower, moderate or fixed
  incomes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The private housing finance law is amended by adding a  new
article 24-A to read as follows:
                              ARTICLE XXIV-A
                       THE AFFORDABLE HOUSING ACT
SECTION 1175. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES.
        1176. DEFINITIONS.
        1177. GENERAL PROVISIONS.
  S  1175.  STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES. THE LEGISLA-
TURE FINDS AND DECLARES THAT A NEED FOR AFFORDABLE  HOUSING  EXISTS  FOR
RESIDENTS AND THAT ITS RESIDENTS HAVE A RIGHT TO AFFORDABLE HOUSING. THE
LEGISLATURE  HAS  DETERMINED  THAT  MANUFACTURED  HOUSING PROVIDES STATE
HOMEOWNERS WITH AN AFFORDABLE SOURCE OF DECENT, SAFE AND SANITARY  HOUS-
ING ON A PERMANENT BASIS. THE LEGISLATURE FURTHER FINDS THAT IN THE LAST
DECADE  THE  IMPROVED  DESIGN,  APPEARANCE AND SIGNIFICANT TECHNOLOGICAL
ADVANCES OF MANUFACTURED HOUSING BUILT TO HOUSING AND URBAN  DEVELOPMENT
CODE  STANDARDS,  MAKES MANUFACTURED HOUSING EQUIVALENT TO CONVENTIONAL,
SITE-BUILT SINGLE FAMILY DWELLINGS FOR PURPOSES OF LAND-USE CONTROLS AND
HOUSING CODE STANDARDS. THEREFORE, THE LEGISLATURE  FINDS  AND  DECLARES
THAT  IT  IS IN THE PUBLIC INTEREST FOR THE STATE OF NEW YORK TO PROMOTE
THE UTILIZATION OF MANUFACTURED HOUSING  IN  ORDER  TO  PROVIDE  HOUSING
OPPORTUNITIES FOR PERSONS WITH LOWER, MODERATE AND FIXED INCOMES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10094-01-1

S. 4126                             2

  S  1176.  DEFINITIONS.  1.  "MANUFACTURED  HOME" MEANS A SINGLE FAMILY
DWELLING WHICH: (A) CONSISTS OF ONE OR MORE TRANSPORTABLE SECTIONS WHICH
ARE SUBSTANTIALLY CONSTRUCTED OFF SITE, AND, IF MORE THAN  ONE  SECTION,
ARE JOINED TOGETHER ON SITE; (B) IS BUILT ON A PERMANENT CHASSIS; (C) IS
DESIGNED  TO  BE  USED,  WHEN CONNECTED TO UTILITIES, AS A DWELLING ON A
PERMANENT FOUNDATION; AND (D) IS MANUFACTURED  IN  ACCORDANCE  WITH  AND
CERTIFIED  PURSUANT TO THE STANDARDS PROMULGATED FOR A MANUFACTURED HOME
PURSUANT TO THE NATIONAL MANUFACTURED HOUSING  CONSTRUCTION  AND  SAFETY
STANDARDS ACT OF 1974, 42 U.S.C. S 5401 ET SEQ.
  2.  "IDENTICAL  DEVELOPMENT  SPECIFICATIONS  AND  STANDARDS"  INCLUDES
ACCESS, BUILDING SETBACK DISTANCE, ENCLOSURES AND VEHICLE PARKING SPACE.
  3. "PERMANENT FOUNDATION" MEANS A SYSTEM OF SUPPORT  INSTALLED  EITHER
PARTIALLY  OR  ENTIRELY BELOW GRADE AND CONSTRUCTED OF MATERIAL APPROVED
BY A MUNICIPAL AGENCY.
  4. "ROOF OVERHANG, ROOFING MATERIAL AND SIDING  MATERIAL"  MEANS  ROOF
APPEARANCE AND MATERIALS COMMONLY USED ON SITE-BUILT HOMES.
  S  1177.  GENERAL  PROVISIONS.  1.  NO MUNICIPALITY SHALL PROHIBIT THE
INSTALLATION OF MANUFACTURED HOUSING, ON A PERMANENT  FOUNDATION,  MANU-
FACTURED  OR CONSTRUCTED UNDER THE AUTHORITY OF THE FEDERALLY PREEMPTIVE
NATIONAL MOBILE HOME CONSTRUCTION AND SAFETY STANDARDS ACT OF  1974,  42
U.S.C. S 5401 ET SEQ.
  2.  NO  MUNICIPALITY SHALL ENACT OR ENFORCE ZONING ORDINANCES OR OTHER
REGULATIONS, INCLUDING PERMITTING PROCEDURES, WHICH HAVE THE  EFFECT  OF
EXCLUDING  OR  ARBITRARILY RESTRICTING THE USE, LOCATION OR PLACEMENT OF
MANUFACTURED HOUSING ON LOTS ZONED FOR SINGLE FAMILY USE IN  RESIDENTIAL
DISTRICTS,  EXCEPT UPON THE IDENTICAL DEVELOPMENT STANDARDS AND REQUIRE-
MENTS WHICH ARE APPLICABLE TO  CONVENTIONAL,  SITE-BUILT  SINGLE  FAMILY
DWELLINGS IN RESIDENTIAL DISTRICTS.
  3.  NO  MUNICIPALITY SHALL ENACT OR IMPOSE AESTHETIC AND ARCHITECTURAL
STANDARDS OR OTHER REQUIREMENTS FOR SINGLE FAMILY RESIDENTIAL  DWELLINGS
THAT  WOULD  HAVE  THE EFFECT OF EXCLUDING MANUFACTURED HOUSING; UNIFORM
STANDARDS FOR ROOF OVERHANG, ROOFING MATERIAL AND SIDING MATERIAL MAY BE
IMPOSED CONSISTENT WITH THIS RESTRICTION.
  4. MOBILE HOME PARKS MAY BE ESTABLISHED CONSISTENT WITH THIS ARTICLE.
  S 2. This act shall take effect immediately.

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