senate Bill S3223A

2013-2014 Legislative Session

Provides for the certification and training of persons employed in the manufacture, sale, installation and repair of modular homes

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 25, 2014 print number 3223a
amend and recommit to housing, construction and community development
Jan 08, 2014 referred to housing, construction and community development
Jan 31, 2013 referred to housing, construction and community development

Bill Amendments

Original
A (Active)
Original
A (Active)

S3223 - Bill Details

See Assembly Version of this Bill:
A4112A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd Art 21-B §§600 - 612, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1746, A2382
2009-2010: A1210, A6623

S3223 - Bill Texts

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Provides for the certification and training of persons employed in the manufacture, sale, installation and repair of modular homes; establishes dispute resolution procedures in the modular home industry.

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BILL NUMBER:S3223

TITLE OF BILL: An act to amend the executive law, in relation to
providing for the certification and training of persons employed in
the manufacture, sale, installation and repair of modular homes and
establishing dispute resolution procedures in the modular home
industry

PURPOSE OR GENERAL IDEA OF BILL: To amend Chapter 729 of the Laws of
2005, the Manufactured Housing Advancement Act, to include modular
homes.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the Manufactured Housing Advancement Act of 2005 to
include modular homes and provides for certification and training
procedures for employees and establishes dispute resolution procedures
in the modular home industry. Section two is the effective date.

EXISTING LAW: Chapter 725 of the Laws of 2005 did not include modular
homes.

JUSTIFICATION: Chapter 729 of the Laws of 2005 enacted the
Manufactured Housing Advancement Act which contained important
consumer protections for manufactured home purchasers by requiring
that manufacturers, installers, mechanics and retailers be trained and
certified. In addition to providing that manufactured homes were
installed and serviced in a professional manner, this training ensured
that disputes were resolved through a reasonable process. This
legislation simply adds modular homes in statute thus affording those
same consumer protections in the modular home industry.

PRIOR LEGISLATIVE HISTORY: 2011-12: A.2382 - Assembly Governmental
Operations Committee 2009-10: A.1210 - Assembly Governmental
Operations Committee 2007-08: A.810 - Assembly Governmental Operations
Committee 2006: A.11358 - Assembly Governmental Operations Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: January 1 next succeeding the date on which it shall
have become a law.

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

    S. 3223                                                  A. 4112

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 31, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Housing,
  Construction and Community Development

IN ASSEMBLY -- Introduced by M. of A. THIELE, COOK,  JAFFEE,  LOSQUADRO,
  MONTESANO,  SWEENEY -- Multi-Sponsored by -- M. of A. BRENNAN, GABRYS-
  ZAK -- read once and referred to the Committee on  Governmental  Oper-
  ations

AN  ACT  to  amend  the  executive law, in relation to providing for the
  certification and training of persons  employed  in  the  manufacture,
  sale,  installation  and  repair  of  modular  homes  and establishing
  dispute resolution procedures in the modular home industry

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

  Section  1. Article 21-B of the executive law, as added by chapter 729
of the laws of 2005, is amended to read as follows:
                               ARTICLE 21-B
                     MANUFACTURED AND MODULAR HOMES
Section 600. Application.
        601. Definitions.
        602. Certification required.
        603. Warranty seals; notice to the department.
        604. Powers of the department.
        605. Resolution of disputes regarding manufactured  AND  MODULAR
               homes.
        606. Training and continuing education.
        607. Penalties for violation of this article.
        608. Fees.
        609. State administrative agency requirements.
        610. State certified installers.
        611. Manufactured AND MODULAR housing advisory council.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04951-01-3

S. 3223                             2                            A. 4112

        612. Powers and duties of the advisory council.
  S  600.  Application.  This article shall be applicable to persons and
business entities engaged in the  manufacture,  sale,  installation  and
service of manufactured OR MODULAR homes and to purchasers thereof.
  S  601.  Definitions.  For  the purposes of this article the following
terms shall have the following meanings:
  1. "Business entity" means a  corporation,  association,  partnership,
limited liability company, limited liability partnership, or other legal
entity.
  2.  "Delivered  condition"  means  the  physical condition of the home
after delivery and installation at the home site has been completed.
  3. "Department" means the department of state.
  4. "Installation" means:
  (a) the affixation of a manufactured OR MODULAR home to  a  foundation
or supports at a building site;
  (b)  the  assembly  and fastening of structural components of manufac-
tured OR MODULAR housing, including the completed roof system; and
  (c) the connection to electrical, oil, water, gas, sewage and  similar
systems  that  are  necessary for the use of the manufactured OR MODULAR
home for dwelling purposes.
  5. "Installer" means any person or business entity, including, but not
limited to, a retailer or mechanic, who installs or sets up  a  manufac-
tured OR MODULAR home for a buyer.
  6.  "Lending entity" means a financial institution, mortgage lender or
other individual or entity that  holds  a  mortgage  or  other  security
interest  in a manufactured OR MODULAR home, such home being the subject
of a complaint filed with the department pursuant to the  provisions  of
this article.
  7. "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.
  8. "Manufacturer" means any person or business entity engaged in manu-
facturing or producing manufactured OR MODULAR homes.
  9. "Mechanic" means any person or business entity engaged in the busi-
ness of performing service on  or  installing  manufactured  OR  MODULAR
housing.
  10.  "Retailer"  means  any  person  or business entity engaged in the
retail selling or offering for sale, brokering or distribution of  manu-
factured  OR  MODULAR  homes,  primarily to a person who, in good faith,
purchases these homes for purposes other than resale.
  11. "Secretary" means the secretary of state.
  12. "Service" means the modification,  alteration  or  repair  of  the
structural systems of a manufactured OR MODULAR home.
  13.  "State  administrative  agency"  or "SAA" means the department of
state which has been approved to carry out the state  plan  and  enforce

S. 3223                             3                            A. 4112

the  national manufactured housing construction and safety standards act
(42 USC 5401, et seq.) within the state of New  York,  and  that  office
within the department of state that has been designated by the secretary
to perform such duties.
  14. "Advisory council" shall mean the manufactured AND MODULAR housing
advisory council.
  15.  "MODULAR HOME" MEANS ANY BUILDING OR CLOSED CONSTRUCTION, REGARD-
LESS OF TYPE OF CONSTRUCTION OR OCCUPANCY CLASSIFICATION, OTHER  THAN  A
MOBILE OR MANUFACTURED HOME, CONSTRUCTED OFF-SITE IN ACCORDANCE WITH THE
APPLICABLE  CODES,  AND TRANSPORTED TO THE POINT OF USE FOR INSTALLATION
OR ERECTION.
  S 602. Certification required. 1. On and after July first,  two  thou-
sand  six, no person or business entity shall manufacture, including the
manufacture outside the state of New York for sale into the state of New
York, sell, install or service any manufactured home in the state of New
York, unless such person or business entity has obtained the appropriate
certification from the department pursuant to  this  article.    ON  AND
AFTER  JULY  FIRST  NEXT SUCCEEDING THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SECTION, NO  PERSON
OR  BUSINESS ENTITY SHALL MANUFACTURE, INCLUDING THE MANUFACTURE OUTSIDE
THE STATE OF NEW YORK FOR SALE INTO THE STATE OF NEW YORK, SELL, INSTALL
OR SERVICE ANY MODULAR HOME IN THE STATE OF NEW YORK, UNLESS SUCH PERSON
OR BUSINESS ENTITY HAS OBTAINED THE APPROPRIATE CERTIFICATION  FROM  THE
DEPARTMENT PURSUANT TO THIS ARTICLE.
  2.  On  and  after  July first, two thousand six, no manufactured home
shall be installed or serviced unless at least one person  certified  by
the  department  to perform such work is present at the home site during
the installation or service.  ON AND AFTER JULY  FIRST  NEXT  SUCCEEDING
THE  EFFECTIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN
WHICH AMENDED THIS SECTION,  NO  MODULAR  HOME  SHALL  BE  INSTALLED  OR
SERVICED  UNLESS  AT  LEAST  ONE  PERSON  CERTIFIED BY THE DEPARTMENT TO
PERFORM SUCH WORK IS PRESENT AT THE HOME SITE DURING THE INSTALLATION OR
SERVICE.
  3. a. Each manufacturing plant that delivers or sells manufactured  OR
MODULAR  homes  in this state, each retail sales location and each busi-
ness entity selling, installing or performing service on manufactured OR
MODULAR homes must be separately certified.
  b. Each manufacturer, retailer, installer and mechanic shall employ at
least one person who has been certified by the department.
  4. Manufacturers approved to construct manufactured OR  MODULAR  homes
by  the  United States department of housing and urban development shall
be required to apply for, and obtain,  certification  pursuant  to  this
article.  Any such manufacturer shall be deemed to meet the requirements
for certification under this article, except that  the  department  may,
after a hearing, suspend or revoke the certification of any manufacturer
as  provided  in  subdivision  seven of section six hundred four of this
article.
  S 603. Warranty seals; notice to the department. 1. Before a  manufac-
tured  OR  MODULAR home may be installed in this state, the manufacturer
shall obtain from the department a New York state manufacturer's warran-
ty seal and attach the seal to the manufactured OR MODULAR home  in  the
manner to be prescribed by the department.
  2.  Before  a  manufactured  OR  MODULAR home may be installed in this
state, the installer shall obtain from the department a New  York  state
installer's  warranty  seal  and  attach the seal to the manufactured OR
MODULAR home in the manner prescribed by the department.

S. 3223                             4                            A. 4112

  3. On a quarterly basis, every installer shall report to  the  depart-
ment  all  installations  completed  by  that  person or business entity
during the designated reporting period. The report shall be  on  a  form
provided by the department and must include the location of each unit of
manufactured  OR  MODULAR housing, the owner of each unit at the time of
installation, the type or model of the unit,  the  manufacturer  of  the
unit, written certification that the installation meets the standards of
the  New  York  state  uniform fire prevention and building code and the
name and address of the manufacturer, retailer,  mechanic  or  installer
completing the notice.
  S 604. Powers of the department. The department shall have the follow-
ing powers and duties with respect to manufactured AND MODULAR housing:
  1.  To  create  and maintain a registry accessible to the public which
shall include, but not be limited to the following information:
  (a) a listing of certified manufacturers,  retailers,  installers  and
mechanics of manufactured OR MODULAR homes; and
  (b)  records  of  all violations issued, disciplinary action taken and
penalties paid and levied pursuant to this article;
  2. To retain records and all application materials submitted to it;
  3. To receive complaints, conduct investigations and establish  proce-
dures  for  the  resolution  of  disputes  relating to the construction,
installation, or servicing of  manufactured  OR  MODULAR  homes  and  to
resolve  such  complaints  and  disputes pursuant to section six hundred
five of this article;
  4. To establish administrative procedures for processing  applications
for certification of persons and business entities required to be certi-
fied  pursuant to this article; to receive such applications; to approve
or disapprove applications for  certifications;  and  to  issue  certif-
icates;
  5.  To  promulgate rules and regulations relating to the provisions of
this article;
  6. To conduct adjudicatory hearings, pursuant to the state administra-
tive procedure act to resolve violations of this article and  the  rules
and regulations promulgated thereunder;
  7. To suspend and revoke certificates, and impose such other penalties
as may be authorized pursuant to this article. The department may revoke
or  suspend  the  certification of a person or business entity certified
pursuant to this article for a substantial violation of this article, or
for a material misstatement in the application for  such  certification,
or  if  such  person or business entity is guilty of fraud or fraudulent
practices, or of dishonest or  misleading  advertising,  or  has  demon-
strated  untrustworthiness  or  incompetency  to  conduct  the certified
activity or fails to comply with a decision issued pursuant  to  section
six hundred five of this article;
  8.  To seek injunctive relief in the supreme court in the county where
the complainant resides;
  9. To promulgate rules and regulations establishing the standards  for
certification  of  manufacturers,  retailers,  installers  and mechanics
pursuant to this article. In establishing such standards, the department
shall provide for minimum requirements of experience  and  education  as
may  be  necessary  to protect the public interest. Such standards shall
also include a  requirement  for  initial  training  of  installers  and
mechanics seeking certification by the department. In establishing stan-
dards,   the  department  shall  recognize  certifications  or  licenses
obtained in other states without  requiring  additional  initial  educa-
tional  testing,  provided  that  the  requirements for certification or

S. 3223                             5                            A. 4112

licensing in such other states are comparable to  the  requirements  for
certification  in  the  state of New York and provided further, that the
individual or entity seeking certification otherwise  meets  the  quali-
fications for certification in the state of New York;
  10.  To  promulgate  rules and regulations to require bonding, minimum
capital requirements or other reasonable methods to ensure that manufac-
turers, retailers, installers and mechanics are financially  responsible
to  fully  comply  with this article and have the financial resources to
meet their warranty, contractual and other obligations.   In  connection
therewith,  the  department  may  require the posting of surety bonds to
ensure the satisfactory completion of the installation or service; and
  11. a. To promulgate rules and regulations regarding  the  development
and approval of courses and seminars required for original certification
and  to  establish  requirements  for  continuing  education for persons
certified pursuant to this article. Such regulations shall at a  minimum
require that certified installers and mechanics attend courses and semi-
nars  relating to the proper methods of installation and servicing manu-
factured OR MODULAR homes not less than once every three years.
  b. Instructional services for  courses  leading  to  original  certif-
ication or qualifying for continuing education may be provided either by
the  department,  a  private trade association or other entity which has
been approved as an instructional provider by  the  department  and  has
paid the appropriate fee prescribed by rules and regulations promulgated
under  this section. Approved instructional providers shall be permitted
to charge a fee for such services, not  to  exceed  the  maximum  amount
prescribed  by  the rules and regulations.  Persons electing to have the
continuing education instructional services provided by the  department,
shall pay for such services in accordance with fee schedules established
by the department.
  c.  Fees charged by the department for approving or providing instruc-
tional services shall be deposited in the department account established
pursuant to section six hundred eight of this article.
  12. To create and maintain a consumer awareness pamphlet, in  conjunc-
tion  with  the  advisory  council,  to  include, but not be limited to,
detailing the certification process,  installer  selection  rights,  the
dispute  resolution  process, the differences between the types of hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  S 605. Resolution  of  disputes  regarding  manufactured  AND  MODULAR
homes.  1. Any homeowner, retailer, manufacturer, installer, mechanic or
lending entity may file a complaint  with  the  department  as  a  state
administrative  agency  seeking  resolution  of  an  allegation  that  a
substantial defect exists  in  the  delivered  condition,  installation,
service  or construction of a manufactured OR MODULAR home.  The depart-
ment shall promulgate forms for such complaints which forms  shall  also
be available on the department's [web-site] WEBSITE.  For the purpose of
this  article,  a  substantial  defect  shall be a defect or a number of
defects  or  other  conditions  which  collectively  can  reasonably  be
expected to cost five hundred dollars or more to cure.
  2.  Complaints  relating  to  the  delivered  condition, installation,
service or construction of a manufactured OR MODULAR home shall be  made
within one year and ten days after the date of the service, installation
or  issuance  of  a  certificate  of occupancy, or the expiration of any
applicable provision of a contract or warranty, whichever is later.
  3. (a) Upon the department's determination that a  complaint,  on  its
face, alleges a substantial defect in the delivered condition, installa-

S. 3223                             6                            A. 4112

tion,  service,  or  construction of a manufactured OR MODULAR home, the
department shall notify the homeowner, manufacturer, retailer,  mechanic
and installer, as appropriate.
  (b)  Initially,  the  department may attempt to informally resolve the
complaint. If informal resolution of the complaint is unsuccessful,  the
department  shall resolve such complaints and disputes by administrative
hearing, pursuant to the state administrative procedure act.
  (c) The decision shall provide compensation to the aggrieved party  in
an amount which shall include, but not be limited to:
  (i)  Filing  and  recording  fees,  inspection fees and other required
costs that the aggrieved party would not have incurred had the home  met
applicable standards; and
  (ii) The cost of conforming repairs or replacements.
  (d) The department may apportion liability between two or more parties
or business entities where appropriate.
  (e) The decision resolving the complaint shall be in writing and shall
provide the reason therefor, a copy of the decision shall be provided to
all interested parties.
  (f)    The  department  may  require,  as a condition of receiving and
retaining any certification pursuant to this article, that an  applicant
agrees  to  submit  to  the jurisdiction of the department in connection
with the resolution of complaints and disputes and agrees to be bound by
the department's determination subject to any administrative  and  judi-
cial review provided for in this article.
  (g)  Any party may seek judicial review of the administrative determi-
nation pursuant to article seventy-eight of the civil practice  law  and
rules.
  S  606. Training and continuing education. 1. Beginning January first,
two thousand six, all persons certified as  an  installer  or  mechanic,
must  obtain  initial training, including, but not limited to the stand-
ards for proper installation of a manufactured home.  BEGINNING  JANUARY
FIRST  NEXT  SUCCEEDING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND THIRTEEN WHICH AMENDED THIS SECTION, ALL PERSONS  CERTIFIED
AS  AN  INSTALLER  OR MECHANIC, MUST OBTAIN INITIAL TRAINING, INCLUDING,
BUT NOT LIMITED TO THE STANDARDS FOR PROPER INSTALLATION  OF  A  MODULAR
HOME.  Such  training shall be provided in courses and seminars approved
pursuant to this article.
  2. All persons certified under  this  article  shall  be  required  to
attend  continuing  education  courses  and  seminars not less than once
every three years.
  S 607. Penalties for violation of this article. Any person or business
entity found guilty, after a hearing, of a violation  of  this  article,
except  for  the provisions of section six hundred nine of this article,
may be required to pay a civil penalty of not  more  than  one  thousand
dollars for each such violation, but not more than five thousand dollars
for  more  than  one violation relating to each home. Such fine shall be
collected and deposited in the state's general fund. In addition to  the
penalties  set forth in  this section, the secretary shall also have the
power to suspend or revoke licenses pursuant to section six hundred four
of this article.
  S 608. Fees. The department shall, by regulation, establish reasonable
fees for obtaining certification, obtaining  warranty  and  installation
seals  and for instructional services, training and continuing education
pursuant to this article. Such fees shall be paid and deposited  into  a
segregated account established within the department which shall be used

S. 3223                             7                            A. 4112

exclusively to defray the administrative expenses associated with carry-
ing out the provisions of this article.
  S  609.  State administrative agency requirements. 1.  In carrying out
its responsibilities and obligations pursuant to 42 USC 5401,  et  seq.,
the  department, by authorized representatives, may enter, at reasonable
times, any factory, warehouse or establishment in which manufactured  OR
MODULAR  housing  is  manufactured,  stored,  or  held  for sale for the
purpose of ascertaining whether the requirements of the federal manufac-
tured housing construction and safety standards act, the  provisions  of
this article and the rules of the department are being met.  The depart-
ment's authority to enter and inspect shall be no less than the authori-
ty provided in 42 USC 5413.
  2.  Each  manufacturer and retailer of manufactured OR MODULAR housing
constructed under the federal standards and any other  party  or  entity
covered  by  chapter  10  of title 42 of the United States Code shall be
subject to and comply with all applicable provisions of  said  laws  any
violation of which shall be deemed a violation of this section.
  3.  The department by authorized representative, shall have all of the
powers granted to the secretary of  housing  and  urban  development  as
provided  in  chapter  10  of  title  42  of the United States Code with
respect to the enforcement of manufactured home safety and  construction
standards promulgated under 42 USC 5403.
  4.  The department is authorized to impose and collect fees to be paid
by manufacturers in amounts adequate to cover the costs  of  inspections
conducted pursuant to the provisions of this article. Such fees shall be
deposited  in the department account established pursuant to section six
hundred eight of this article.
  5. (a) A manufacturer or retailer of manufactured OR  MODULAR  housing
who violates any of the provisions set forth in this section relating to
manufactured  OR  MODULAR  housing  or  rules adopted by the department,
including provisions of the New York state uniform fire  prevention  and
building code relating to manufactured OR MODULAR housing, is subject to
a  civil penalty not to exceed one thousand one hundred dollars for each
violation. Each violation constitutes a separate violation with  respect
to  each  manufactured  OR MODULAR housing unit, except that the maximum
penalty may not exceed one million one hundred thousand dollars for  any
related  series of violations occurring within one year from the date of
the first violation.
  (b) An individual or a director, officer, or agent of a corporation or
a principal [on] OF  a  business  entity  who  knowingly  and  willfully
violates 42 USC 5409 in a manner which threatens the health or safety of
any  purchaser  shall  be  fined  not  more than one thousand dollars or
imprisoned not more than one year or both.
  (c)(i) The department may enforce the provisions of this  article  and
may impose civil penalties administratively;
  (ii)  Nothing in this article shall limit the powers and duties of the
attorney general, as defined in section sixty-three of this chapter; and
  (iii) Nothing in this article shall diminish or limit any other  right
or cause of action existing under any other provision of law.
  S  610. State certified installers. Manufacturers and retailers may as
a condition of the sale of a manufactured OR MODULAR home  require  that
the home be installed by a state certified installer and may recommend a
particular  installer  or  installers.    Manufacturers shall not void a
warranty for a manufactured OR MODULAR home if the [home buyer] HOMEBUY-
ER utilizes a state certified installer. It shall be a violation of this
article to restrict a homebuyer from using any state certified installer

S. 3223                             8                            A. 4112

chosen by the homebuyer, or to void a warranty  for  a  manufactured  OR
MODULAR home if the homebuyer utilizes a state certified installer.
  S  611. Manufactured AND MODULAR housing advisory council. 1. There is
hereby established within the  department  a  manufactured  AND  MODULAR
housing  advisory council. The advisory council shall consist of fifteen
members to be appointed as follows:
  a. Four members shall be appointed by the governor; one of whom  shall
be  a member, officer, or employee of an installer, one of whom shall be
a member, officer, or employee of a park residence advocacy association,
one of whom shall be a member, officer, or employee of a  retailer,  and
one  of  whom shall be a member, officer, or employee of a trade associ-
ation representing the manufactured OR MODULAR home industry.
  b. Four members shall be appointed by the temporary president  of  the
senate;  one  of  whom  shall  be  a  member,  officer, or employee of a
manufacturer, one of whom shall be a member, officer, or employee of the
engineering industry involved in manufactured OR MODULAR housing issues,
one of whom shall be a member, officer, or employee of a consumer  advo-
cacy association involved in manufactured OR MODULAR housing issues, and
one of whom shall be a manufactured OR MODULAR housing resident owner.
  c. Four members shall be appointed by the speaker of the assembly; one
of  whom  shall be a member, officer, or employee of a manufacturer, one
of whom shall be a member, officer, or employee of the banking  industry
involved in manufactured OR MODULAR housing issues, one of whom shall be
a  member,  officer,  or  employee  of  a  consumer advocacy association
involved in manufactured OR MODULAR housing  issues,  and  one  of  whom
shall be a manufactured OR MODULAR housing resident owner.
  d. One member shall be appointed by the minority leader of the senate;
who shall be a manufactured OR MODULAR home resident owner.
  e.  One member shall be appointed by the minority leader of the assem-
bly; who shall be a manufactured OR MODULAR home resident owner.
  2. The secretary shall be a member of the advisory council  and  shall
serve as chair to the council.
  S 612. Powers and duties of the advisory council. The advisory council
shall have the following functions, powers, and duties:
  1.  To  assist  in  the  development of certification requirements and
fees, warranty seal requirements and fees, and  warranty  standards  for
manufacturers and installers;
  2.  To  assist in the development of training and continuing education
requirements;
  3. To assist in the creation of a consumer awareness pamphlet  detail-
ing  the  certification  process  and resolution of dispute process. The
pamphlet shall also explain the  differences  between  types  of  houses
(mobile, modular and manufactured);
  4.  To  examine  consumer protection issues, including but not limited
to, manufactured AND MODULAR housing financing and sales practices;
  5. To examine the differences  of  manufactured  and  modular  housing
regulations  and make recommendations to the department and the legisla-
ture on an annual basis; and
  6. To submit annual reports by December thirty-first, two thousand six
and each year thereafter, to the governor, the  temporary  president  of
the  senate and the speaker of the assembly that details the recommenda-
tions of the advisory council regarding manufactured AND MODULAR housing
in New York state. The advisory council shall, as part  of  its  report,
detail  the  number  of  complaints  received  by the department and the
number of disputes resolved through the department.

S. 3223                             9                            A. 4112

  S 2.  This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
department  of  state  shall  immediately be authorized and empowered to
take such steps, including the promulgation of rules and regulations, as
may  be  necessary  for  the  proper  implementation of this act on such
effective date.

S3223A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4112A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd Art 21-B §§600 - 612, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1746, A2382
2009-2010: A1210, A6623

S3223A (ACTIVE) - Bill Texts

view summary

Provides for the certification and training of persons employed in the manufacture, sale, installation and repair of modular homes; establishes dispute resolution procedures in the modular home industry.

view sponsor memo
BILL NUMBER:S3223A

TITLE OF BILL: An act to amend the executive law, in relation to
providing for the certification and training of persons employed in
the manufacture, sale, installation and repair of modular homes and
establishing dispute resolution procedures in the modular home
industry

PURPOSE:

Amends Chapter 729 of the Laws of 2005, the Manufactured Housing
Advancement Act, to include modular homes.

SUMMARY OF PROVISIONS:

Section 1. Amends the Manufactured Housing Advancement Act of 2005 to
include modular homes and provides for certification and training
procedures for employees and establishes dispute resolution procedures
in the modular home industry.

Section 2. Sets forth the effective date.

JUSTIFICATION:

Chapter 729 of the laws of 2005 enacted the Manufactured housing
Advancement Act which contained important consumer protections for
manufactured home purchasers by requiring that manufacturers,
installers, mechanics and retailers be trained and certified. In
addition to providing that manufactured homes were installed and
serviced in a professional manner, this training ensured that disputes
were resolved through a reasonable process. This legislation simply
adds modular homes in statute thus affording those same consumer
protections in the modular home industry.

LEGISLATIVE HISTORY:

2011-12 A.2382;
2009-10 A.1210;
2007-08 A.810;
2006 A.11358

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, provided that the department
of state shall immediately be authorized and empowered to take such
steps, including the promulgation of rules and regulations, as may be
necessary for the proper implementation of this act on such effective
date.

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

    S. 3223--A                                            A. 4112--A

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 31, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Housing,
  Construction and Community Development -- recommitted to the Committee
  on Housing, Construction and Community Development in accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, COOK,  JAFFEE,  MONTESANO,
  SWEENEY  --  Multi-Sponsored  by -- M.  of A. BRENNAN -- read once and
  referred to the Committee on Governmental Operations -- recommitted to
  the Committee on Governmental Operations in accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in  relation  to  providing  for  the
  certification  and  training  of  persons employed in the manufacture,
  sale, installation  and  repair  of  modular  homes  and  establishing
  dispute resolution procedures in the modular home industry

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

  Section 1. Article 21-B of the executive law, as added by chapter  729
of the laws of 2005, is amended to read as follows:
                               ARTICLE 21-B
                     MANUFACTURED AND MODULAR HOMES
Section 600. Application.
        601. Definitions.
        602. Certification required.
        603. Warranty seals; notice to the department.
        604. Powers of the department.
        605.  Resolution  of disputes regarding manufactured AND MODULAR
               homes.
        606. Training and continuing education.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04951-02-4

S. 3223--A                          2                         A. 4112--A

        607. Penalties for violation of this article.
        608. Fees.
        609. State administrative agency requirements.
        610. State certified installers.
        611. Manufactured AND MODULAR housing advisory council.
        612. Powers and duties of the advisory council.
  S  600.  Application.  This article shall be applicable to persons and
business entities engaged in the  manufacture,  sale,  installation  and
service of manufactured OR MODULAR homes and to purchasers thereof.
  S  601.  Definitions.  For  the purposes of this article the following
terms shall have the following meanings:
  1. "Business entity" means a  corporation,  association,  partnership,
limited liability company, limited liability partnership, or other legal
entity.
  2.  "Delivered  condition"  means  the  physical condition of the home
after delivery and installation at the home site has been completed.
  3. "Department" means the department of state.
  4. "Installation" means:
  (a) the affixation of a manufactured OR MODULAR home to  a  foundation
or supports at a building site;
  (b)  the  assembly  and fastening of structural components of manufac-
tured OR MODULAR housing, including the completed roof system; and
  (c) the connection to electrical, oil, water, gas, sewage and  similar
systems  that  are  necessary for the use of the manufactured OR MODULAR
home for dwelling purposes.
  5. "Installer" means any person or business entity, including, but not
limited to, a retailer or mechanic, who installs or sets up  a  manufac-
tured OR MODULAR home for a buyer.
  6.  "Lending entity" means a financial institution, mortgage lender or
other individual or entity that  holds  a  mortgage  or  other  security
interest  in a manufactured OR MODULAR home, such home being the subject
of a complaint filed with the department pursuant to the  provisions  of
this article.
  7. "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.
  8. "Manufacturer" means any person or business entity engaged in manu-
facturing or producing manufactured OR MODULAR homes.
  9. "Mechanic" means any person or business entity engaged in the busi-
ness of performing service on  or  installing  manufactured  OR  MODULAR
housing.
  10.  "Retailer"  means  any  person  or business entity engaged in the
retail selling or offering for sale, brokering or distribution of  manu-
factured  OR  MODULAR  homes,  primarily to a person who, in good faith,
purchases these homes for purposes other than resale.

S. 3223--A                          3                         A. 4112--A

  11. "Secretary" means the secretary of state.
  12.  "Service"  means  the  modification,  alteration or repair of the
structural systems of a manufactured OR MODULAR home.
  13. "State administrative agency" or "SAA"  means  the  department  of
state  which  has  been approved to carry out the state plan and enforce
the national manufactured housing construction and safety standards  act
(42  USC  5401,  et  seq.) within the state of New York, and that office
within the department of state that has been designated by the secretary
to perform such duties.
  14. "Advisory council" shall mean the manufactured AND MODULAR housing
advisory council.
  15. "MODULAR HOME" MEANS ANY BUILDING OR CLOSED CONSTRUCTION,  REGARD-
LESS  OF  TYPE OF CONSTRUCTION OR OCCUPANCY CLASSIFICATION, OTHER THAN A
MOBILE OR MANUFACTURED HOME, CONSTRUCTED OFF-SITE IN ACCORDANCE WITH THE
APPLICABLE CODES, AND TRANSPORTED TO THE POINT OF USE  FOR  INSTALLATION
OR ERECTION.
  S  602.  Certification required. 1. On and after July first, two thou-
sand six, no person or business entity shall manufacture, including  the
manufacture outside the state of New York for sale into the state of New
York, sell, install or service any manufactured home in the state of New
York, unless such person or business entity has obtained the appropriate
certification  from  the  department  pursuant to this article.   ON AND
AFTER JULY FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF  THE  CHAPTER  OF
THE  LAWS OF TWO THOUSAND FOURTEEN WHICH AMENDED THIS SECTION, NO PERSON
OR BUSINESS ENTITY SHALL MANUFACTURE, INCLUDING THE MANUFACTURE  OUTSIDE
THE STATE OF NEW YORK FOR SALE INTO THE STATE OF NEW YORK, SELL, INSTALL
OR SERVICE ANY MODULAR HOME IN THE STATE OF NEW YORK, UNLESS SUCH PERSON
OR  BUSINESS  ENTITY HAS OBTAINED THE APPROPRIATE CERTIFICATION FROM THE
DEPARTMENT PURSUANT TO THIS ARTICLE.
  2. On and after July first, two thousand  six,  no  manufactured  home
shall  be  installed or serviced unless at least one person certified by
the department to perform such work is present at the home  site  during
the  installation  or service.   ON AND AFTER JULY FIRST NEXT SUCCEEDING
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  FOURTEEN
WHICH  AMENDED  THIS  SECTION,  NO  MODULAR  HOME  SHALL BE INSTALLED OR
SERVICED UNLESS AT LEAST ONE  PERSON  CERTIFIED  BY  THE  DEPARTMENT  TO
PERFORM SUCH WORK IS PRESENT AT THE HOME SITE DURING THE INSTALLATION OR
SERVICE.
  3.  a. Each manufacturing plant that delivers or sells manufactured OR
MODULAR homes in this state, each retail sales location and  each  busi-
ness entity selling, installing or performing service on manufactured OR
MODULAR homes must be separately certified.
  b. Each manufacturer, retailer, installer and mechanic shall employ at
least one person who has been certified by the department.
  4.  Manufacturers  approved to construct manufactured OR MODULAR homes
by the United States department of housing and urban  development  shall
be  required  to  apply  for, and obtain, certification pursuant to this
article. Any such manufacturer shall be deemed to meet the  requirements
for  certification  under  this article, except that the department may,
after a hearing, suspend or revoke the certification of any manufacturer
as provided in subdivision seven of section six  hundred  four  of  this
article.
  S  603. Warranty seals; notice to the department. 1. Before a manufac-
tured OR MODULAR home may be installed in this state,  the  manufacturer
shall obtain from the department a New York state manufacturer's warran-

S. 3223--A                          4                         A. 4112--A

ty  seal  and attach the seal to the manufactured OR MODULAR home in the
manner to be prescribed by the department.
  2.  Before  a  manufactured  OR  MODULAR home may be installed in this
state, the installer shall obtain from the department a New  York  state
installer's  warranty  seal  and  attach the seal to the manufactured OR
MODULAR home in the manner prescribed by the department.
  3. On a quarterly basis, every installer shall report to  the  depart-
ment  all  installations  completed  by  that  person or business entity
during the designated reporting period. The report shall be  on  a  form
provided by the department and must include the location of each unit of
manufactured  OR  MODULAR housing, the owner of each unit at the time of
installation, the type or model of the unit,  the  manufacturer  of  the
unit, written certification that the installation meets the standards of
the  New  York  state  uniform fire prevention and building code and the
name and address of the manufacturer, retailer,  mechanic  or  installer
completing the notice.
  S 604. Powers of the department. The department shall have the follow-
ing powers and duties with respect to manufactured AND MODULAR housing:
  1.  To  create  and maintain a registry accessible to the public which
shall include, but not be limited to the following information:
  (a) a listing of certified manufacturers,  retailers,  installers  and
mechanics of manufactured OR MODULAR homes; and
  (b)  records  of  all violations issued, disciplinary action taken and
penalties paid and levied pursuant to this article;
  2. To retain records and all application materials submitted to it;
  3. To receive complaints, conduct investigations and establish  proce-
dures  for  the  resolution  of  disputes  relating to the construction,
installation, or servicing of  manufactured  OR  MODULAR  homes  and  to
resolve  such  complaints  and  disputes pursuant to section six hundred
five of this article;
  4. To establish administrative procedures for processing  applications
for certification of persons and business entities required to be certi-
fied  pursuant to this article; to receive such applications; to approve
or disapprove applications for  certifications;  and  to  issue  certif-
icates;
  5.  To  promulgate rules and regulations relating to the provisions of
this article;
  6. To conduct adjudicatory hearings, pursuant to the state administra-
tive procedure act to resolve violations of this article and  the  rules
and regulations promulgated thereunder;
  7. To suspend and revoke certificates, and impose such other penalties
as may be authorized pursuant to this article. The department may revoke
or  suspend  the  certification of a person or business entity certified
pursuant to this article for a substantial violation of this article, or
for a material misstatement in the application for  such  certification,
or  if  such  person or business entity is guilty of fraud or fraudulent
practices, or of dishonest or  misleading  advertising,  or  has  demon-
strated  untrustworthiness  or  incompetency  to  conduct  the certified
activity or fails to comply with a decision issued pursuant  to  section
six hundred five of this article;
  8.  To seek injunctive relief in the supreme court in the county where
the complainant resides;
  9. To promulgate rules and regulations establishing the standards  for
certification  of  manufacturers,  retailers,  installers  and mechanics
pursuant to this article. In establishing such standards, the department
shall provide for minimum requirements of experience  and  education  as

S. 3223--A                          5                         A. 4112--A

may  be  necessary  to protect the public interest. Such standards shall
also include a  requirement  for  initial  training  of  installers  and
mechanics seeking certification by the department. In establishing stan-
dards,   the  department  shall  recognize  certifications  or  licenses
obtained in other states without  requiring  additional  initial  educa-
tional  testing,  provided  that  the  requirements for certification or
licensing in such other states are comparable to  the  requirements  for
certification  in  the  state of New York and provided further, that the
individual or entity seeking certification otherwise  meets  the  quali-
fications for certification in the state of New York;
  10.  To  promulgate  rules and regulations to require bonding, minimum
capital requirements or other reasonable methods to ensure that manufac-
turers, retailers, installers and mechanics are financially  responsible
to  fully  comply  with this article and have the financial resources to
meet their warranty, contractual and other obligations.   In  connection
therewith,  the  department  may  require the posting of surety bonds to
ensure the satisfactory completion of the installation or service; and
  11. a. To promulgate rules and regulations regarding  the  development
and approval of courses and seminars required for original certification
and  to  establish  requirements  for  continuing  education for persons
certified pursuant to this article. Such regulations shall at a  minimum
require that certified installers and mechanics attend courses and semi-
nars  relating to the proper methods of installation and servicing manu-
factured OR MODULAR homes not less than once every three years.
  b. Instructional services for  courses  leading  to  original  certif-
ication or qualifying for continuing education may be provided either by
the  department,  a  private trade association or other entity which has
been approved as an instructional provider by  the  department  and  has
paid the appropriate fee prescribed by rules and regulations promulgated
under  this section. Approved instructional providers shall be permitted
to charge a fee for such services, not  to  exceed  the  maximum  amount
prescribed  by  the rules and regulations.  Persons electing to have the
continuing education instructional services provided by the  department,
shall pay for such services in accordance with fee schedules established
by the department.
  c.  Fees charged by the department for approving or providing instruc-
tional services shall be deposited in the department account established
pursuant to section six hundred eight of this article.
  12. To create and maintain a consumer awareness pamphlet, in  conjunc-
tion  with  the  advisory  council,  to  include, but not be limited to,
detailing the certification process,  installer  selection  rights,  the
dispute  resolution  process, the differences between the types of hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  S 605. Resolution  of  disputes  regarding  manufactured  AND  MODULAR
homes.  1. Any homeowner, retailer, manufacturer, installer, mechanic or
lending entity may file a complaint  with  the  department  as  a  state
administrative  agency  seeking  resolution  of  an  allegation  that  a
substantial defect exists  in  the  delivered  condition,  installation,
service  or construction of a manufactured OR MODULAR home.  The depart-
ment shall promulgate forms for such complaints which forms  shall  also
be available on the department's [web-site] WEBSITE.  For the purpose of
this  article,  a  substantial  defect  shall be a defect or a number of
defects  or  other  conditions  which  collectively  can  reasonably  be
expected to cost five hundred dollars or more to cure.

S. 3223--A                          6                         A. 4112--A

  2.  Complaints  relating  to  the  delivered  condition, installation,
service or construction of a manufactured OR MODULAR home shall be  made
within one year and ten days after the date of the service, installation
or  issuance  of  a  certificate  of occupancy, or the expiration of any
applicable provision of a contract or warranty, whichever is later.
  3.  (a)  Upon  the department's determination that a complaint, on its
face, alleges a substantial defect in the delivered condition, installa-
tion, service, or construction of a manufactured OR  MODULAR  home,  the
department  shall notify the homeowner, manufacturer, retailer, mechanic
and installer, as appropriate.
  (b) Initially, the department may attempt to  informally  resolve  the
complaint.  If informal resolution of the complaint is unsuccessful, the
department shall resolve such complaints and disputes by  administrative
hearing, pursuant to the state administrative procedure act.
  (c)  The decision shall provide compensation to the aggrieved party in
an amount which shall include, but not be limited to:
  (i) Filing and recording fees,  inspection  fees  and  other  required
costs  that the aggrieved party would not have incurred had the home met
applicable standards; and
  (ii) The cost of conforming repairs or replacements.
  (d) The department may apportion liability between two or more parties
or business entities where appropriate.
  (e) The decision resolving the complaint shall be in writing and shall
provide the reason therefor, a copy of the decision shall be provided to
all interested parties.
  (f)   The department may require, as  a  condition  of  receiving  and
retaining  any certification pursuant to this article, that an applicant
agrees to submit to the jurisdiction of  the  department  in  connection
with the resolution of complaints and disputes and agrees to be bound by
the  department's  determination subject to any administrative and judi-
cial review provided for in this article.
  (g) Any party may seek judicial review of the administrative  determi-
nation  pursuant  to article seventy-eight of the civil practice law and
rules.
  S 606. Training and continuing education. 1. Beginning January  first,
two  thousand  six,  all  persons certified as an installer or mechanic,
must obtain initial training, including, but not limited to  the  stand-
ards  for  proper installation of a manufactured home. BEGINNING JANUARY
FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF
TWO  THOUSAND FOURTEEN WHICH AMENDED THIS SECTION, ALL PERSONS CERTIFIED
AS AN INSTALLER OR MECHANIC, MUST OBTAIN  INITIAL  TRAINING,  INCLUDING,
BUT  NOT  LIMITED  TO THE STANDARDS FOR PROPER INSTALLATION OF A MODULAR
HOME. Such training shall be provided in courses and  seminars  approved
pursuant to this article.
  2.  All  persons  certified  under  this  article shall be required to
attend continuing education courses and  seminars  not  less  than  once
every three years.
  S 607. Penalties for violation of this article. Any person or business
entity  found  guilty,  after a hearing, of a violation of this article,
except for the provisions of section six hundred nine of  this  article,
may  be  required  to  pay a civil penalty of not more than one thousand
dollars for each such violation, but not more than five thousand dollars
for more than one violation relating to each home. Such  fine  shall  be
collected  and deposited in the state's general fund. In addition to the
penalties set forth in  this section, the secretary shall also have  the

S. 3223--A                          7                         A. 4112--A

power to suspend or revoke licenses pursuant to section six hundred four
of this article.
  S 608. Fees. The department shall, by regulation, establish reasonable
fees  for  obtaining  certification, obtaining warranty and installation
seals and for instructional services, training and continuing  education
pursuant  to  this article. Such fees shall be paid and deposited into a
segregated account established within the department which shall be used
exclusively to defray the administrative expenses associated with carry-
ing out the provisions of this article.
  S 609. State administrative agency requirements. 1.   In carrying  out
its  responsibilities  and obligations pursuant to 42 USC 5401, et seq.,
the department, by authorized representatives, may enter, at  reasonable
times,  any factory, warehouse or establishment in which manufactured OR
MODULAR housing is manufactured,  stored,  or  held  for  sale  for  the
purpose of ascertaining whether the requirements of the federal manufac-
tured  housing  construction and safety standards act, the provisions of
this article and the rules of the department are being met.  The depart-
ment's authority to enter and inspect shall be no less than the authori-
ty provided in 42 USC 5413.
  2. Each manufacturer and retailer of manufactured OR  MODULAR  housing
constructed  under  the  federal standards and any other party or entity
covered by chapter 10 of title 42 of the United  States  Code  shall  be
subject  to  and  comply with all applicable provisions of said laws any
violation of which shall be deemed a violation of this section.
  3. The department by authorized representative, shall have all of  the
powers  granted  to  the  secretary  of housing and urban development as
provided in chapter 10 of title  42  of  the  United  States  Code  with
respect  to the enforcement of manufactured home safety and construction
standards promulgated under 42 USC 5403.
  4. The department is authorized to impose and collect fees to be  paid
by  manufacturers  in amounts adequate to cover the costs of inspections
conducted pursuant to the provisions of this article. Such fees shall be
deposited in the department account established pursuant to section  six
hundred eight of this article.
  5.  (a)  A manufacturer or retailer of manufactured OR MODULAR housing
who violates any of the provisions set forth in this section relating to
manufactured OR MODULAR housing or  rules  adopted  by  the  department,
including  provisions  of the New York state uniform fire prevention and
building code relating to manufactured OR MODULAR housing, is subject to
a civil penalty not to exceed one thousand one hundred dollars for  each
violation.  Each violation constitutes a separate violation with respect
to each manufactured OR MODULAR housing unit, except  that  the  maximum
penalty  may not exceed one million one hundred thousand dollars for any
related series of violations occurring within one year from the date  of
the first violation.
  (b) An individual or a director, officer, or agent of a corporation or
a  principal  [on]  OF  a  business  entity  who knowingly and willfully
violates 42 USC 5409 in a manner which threatens the health or safety of
any purchaser shall be fined not  more  than  one  thousand  dollars  or
imprisoned not more than one year or both.
  (c)(i)  The  department may enforce the provisions of this article and
may impose civil penalties administratively;
  (ii) Nothing in this article shall limit the powers and duties of  the
attorney general, as defined in section sixty-three of this chapter; and
  (iii)  Nothing in this article shall diminish or limit any other right
or cause of action existing under any other provision of law.

S. 3223--A                          8                         A. 4112--A

  S 610. State certified installers. Manufacturers and retailers may  as
a  condition  of the sale of a manufactured OR MODULAR home require that
the home be installed by a state certified installer and may recommend a
particular installer or installers.   Manufacturers  shall  not  void  a
warranty for a manufactured OR MODULAR home if the [home buyer] HOMEBUY-
ER utilizes a state certified installer. It shall be a violation of this
article to restrict a homebuyer from using any state certified installer
chosen  by  the  homebuyer,  or to void a warranty for a manufactured OR
MODULAR home if the homebuyer utilizes a state certified installer.
  S 611. Manufactured AND MODULAR housing advisory council. 1. There  is
hereby  established  within  the  department  a manufactured AND MODULAR
housing advisory council. The advisory council shall consist of  fifteen
members to be appointed as follows:
  a.  Four members shall be appointed by the governor; one of whom shall
be a member, officer, or employee of an installer, one of whom shall  be
a member, officer, or employee of a park residence advocacy association,
one  of  whom shall be a member, officer, or employee of a retailer, and
one of whom shall be a member, officer, or employee of a  trade  associ-
ation representing the manufactured OR MODULAR home industry.
  b.  Four  members shall be appointed by the temporary president of the
senate; one of whom shall  be  a  member,  officer,  or  employee  of  a
manufacturer, one of whom shall be a member, officer, or employee of the
engineering industry involved in manufactured OR MODULAR housing issues,
one  of whom shall be a member, officer, or employee of a consumer advo-
cacy association involved in manufactured OR MODULAR housing issues, and
one of whom shall be a manufactured OR MODULAR housing resident owner.
  c. Four members shall be appointed by the speaker of the assembly; one
of whom shall be a member, officer, or employee of a  manufacturer,  one
of  whom shall be a member, officer, or employee of the banking industry
involved in manufactured OR MODULAR housing issues, one of whom shall be
a member, officer,  or  employee  of  a  consumer  advocacy  association
involved  in  manufactured  OR  MODULAR  housing issues, and one of whom
shall be a manufactured OR MODULAR housing resident owner.
  d. One member shall be appointed by the minority leader of the senate;
who shall be a manufactured OR MODULAR home resident owner.
  e. One member shall be appointed by the minority leader of the  assem-
bly; who shall be a manufactured OR MODULAR home resident owner.
  2.  The  secretary shall be a member of the advisory council and shall
serve as chair to the council.
  S 612. Powers and duties of the advisory council. The advisory council
shall have the following functions, powers, and duties:
  1. To assist in the  development  of  certification  requirements  and
fees,  warranty  seal  requirements and fees, and warranty standards for
manufacturers and installers;
  2. To assist in the development of training and  continuing  education
requirements;
  3.  To assist in the creation of a consumer awareness pamphlet detail-
ing the certification process and resolution  of  dispute  process.  The
pamphlet  shall  also  explain  the  differences between types of houses
(mobile, modular and manufactured);
  4. To examine consumer protection issues, including  but  not  limited
to, manufactured AND MODULAR housing financing and sales practices;
  5.  To  examine  the  differences  of manufactured and modular housing
regulations and make recommendations to the department and the  legisla-
ture on an annual basis; and

S. 3223--A                          9                         A. 4112--A

  6. To submit annual reports by December thirty-first, two thousand six
and  each  year  thereafter, to the governor, the temporary president of
the senate and the speaker of the assembly that details the  recommenda-
tions of the advisory council regarding manufactured AND MODULAR housing
in  New  York  state. The advisory council shall, as part of its report,
detail the number of complaints  received  by  the  department  and  the
number of disputes resolved through the department.
  S 2.  This act shall take effect on the first of January next succeed-
ing  the  date  on  which  it shall have become a law, provided that the
department of state shall immediately be  authorized  and  empowered  to
take such steps, including the promulgation of rules and regulations, as
may  be  necessary  for  the  proper  implementation of this act on such
effective date.

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