S T A T E O F N E W Y O R K
________________________________________________________________________
8223
2013-2014 Regular Sessions
I N A S S E M B L Y
October 24, 2013
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Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the private housing finance law, in relation to enacting
the "affordable housing act" relating to the utilization of manufac-
tured 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
AFFORDABLE HOUSING ACT
SECTION 1175. SHORT TITLE.
1176. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES.
1177. DEFINITIONS.
1178. GENERAL PROVISIONS.
S 1175. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "AFFORDABLE HOUSING ACT".
S 1176. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES. THE LEGISLA-
TURE FINDS AND DECLARES THAT A NEED FOR AFFORDABLE HOUSING EXISTS FOR
RESIDENTS AND THAT THE STATE'S 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 HOUSING ON A PERMANENT BASIS. THE LEGISLATURE FURTHER FINDS
THAT 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09642-01-3
A. 8223 2
THE UTILIZATION OF MANUFACTURED HOUSING IN ORDER TO PROVIDE HOUSING
OPPORTUNITIES FOR PERSONS WITH LOWER, MODERATE AND FIXED INCOMES.
S 1177. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "MANUFACTURED HOME" MEANS A STRUCTURE, TRANSPORTABLE IN ONE OR MORE
SECTIONS, WHICH, IN THE TRAVELING MODE, IS EIGHT BODY FEET OR MORE IN
WIDTH OR FORTY BODY FEET OR MORE IN LENGTH, OR, WHEN ERECTED ON SITE, IS
THREE HUNDRED TWENTY OR MORE SQUARE FEET, AND WHICH IS BUILT ON A PERMA-
NENT CHASSIS AND DESIGNED TO BE USED AS A DWELLING WITH OR WITHOUT A
PERMANENT FOUNDATION WHEN CONNECTED TO THE REQUIRED UTILITIES, AND
INCLUDES THE PLUMBING, HEATING, AIR-CONDITIONING, AND ELECTRICAL SYSTEMS
CONTAINED THEREIN. THE TERM SHALL INCLUDE ANY STRUCTURE THAT MEETS ALL
OF THE REQUIREMENTS OF THIS SUBDIVISION EXCEPT THE SIZE REQUIREMENTS AND
WITH RESPECT TO WHICH THE MANUFACTURER VOLUNTARILY FILES A CERTIFICATION
REQUIRED BY THE UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT
AND COMPLIES WITH THE STANDARDS ESTABLISHED UNDER TITLE 42 OF THE UNITED
STATES CODE; AND EXCEPT THAT SUCH TERM SHALL NOT INCLUDE ANY SELF-PRO-
PELLED RECREATIONAL VEHICLE.
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.
S 1178. 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 MANUFACTURED 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, INCLUDING AESTHETIC AND ARCHITECTURAL STANDARDS, WHICH ARE APPLI-
CABLE TO CONVENTIONAL, SITE-BUILT SINGLE FAMILY DWELLINGS IN RESIDENTIAL
DISTRICTS.
3. MANUFACTURED HOME PARKS MAY BE ESTABLISHED OR EXISTING PARKS
EXPANDED CONSISTENT WITH THIS ARTICLE.
S 2. This act shall take effect immediately.