senate Bill S4072A

2013-2014 Legislative Session

Relates to single-family dwellings of manufactured homes in residential districts

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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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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 11, 2014 amended on third reading (t) 4072a
Mar 03, 2014 advanced to third reading
Feb 27, 2014 2nd report cal.
Feb 26, 2014 1st report cal.174
Jan 08, 2014 referred to housing, construction and community development
Jun 21, 2013 committed to rules
May 01, 2013 advanced to third reading
Apr 30, 2013 2nd report cal.
Apr 29, 2013 1st report cal.437
Mar 07, 2013 referred to housing, construction and community development

Bill Amendments

Original
A (Active)
Original
A (Active)

S4072 - Bill Details

See Assembly Version of this Bill:
A8223A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Redesig Art 21-B §§600 - 612 to be Title 1, add Title Head, Art 21-B Title 2 §§615 - 617, amd §§600 & 601, Exec L

S4072 - Bill Texts

view summary

Relates to single-family dwellings of manufactured homes in residential districts.

view sponsor memo
BILL NUMBER:S4072 REVISED 04/02/2013

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 facilitates 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 to the Private Housing Finance Law
to enjoin any municipality from prohibiting the installation of
manufactured 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 U.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.

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, is predicated on
the belief that manufactured housing provides homeowners with an
affordable 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.4126 (2011-12)
S.6246 (2006-2007)
A.4684 (2004)New Bill

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  4072

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09642-01-3

S. 4072                             2

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.
  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.

S4072A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8223A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Redesig Art 21-B §§600 - 612 to be Title 1, add Title Head, Art 21-B Title 2 §§615 - 617, amd §§600 & 601, Exec L

S4072A (ACTIVE) - Bill Texts

view summary

Relates to single-family dwellings of manufactured homes in residential districts.

view sponsor memo
BILL NUMBER:S4072A

TITLE OF BILL: An act to amend the executive law, in relation to
single-family dwellings of manufactured homes in residential districts

PURPOSE:

This legislation facilitates 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 to the Private Housing Finance Law
to enjoin any municipality from prohibiting the installation of
manufactured 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 U.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.

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, is predicated on
the belief that manufactured housing provides homeowners with an
affordable 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.4126 (2011-12)
S.6246 (2006-2007)
A.4684 (2004) New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4072--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  --  reported  favorably  from  said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the executive law, in relation to  single-family  dwell-
  ings of manufactured homes in residential districts

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

  Section 1. Sections 600 through 612 of article 21-B of  the  executive
law  are  designated title 1 and a new title heading is added to read as
follows:
                           GENERAL PROVISIONS
  S 2. Section 600 of the executive law, as added by chapter 729 of  the
laws of 2005, is amended to read as follows:
  S  600.  Application.  This  [article]  TITLE  shall  be applicable to
persons and business entities engaged in the manufacture, sale,  instal-
lation and service of manufactured homes and to purchasers thereof.
  S  3.  The  opening  paragraph of section 601 of the executive law, as
added by chapter 729 of the laws of 2005, is amended to read as follows:
  For the purposes of this [article] TITLE, the  following  terms  shall
have the following meanings:
  S  4.  Article  21-B  of  the executive law is amended by adding a new
title 2 to read as follows:
                                 TITLE 2
            SINGLE-FAMILY DWELLINGS IN RESIDENTIAL DISTRICTS
SECTION 615. DEFINITIONS.
        616. MANUFACTURED HOMES AS SINGLE-FAMILY DWELLINGS  IN  RESIDEN-
               TIAL DISTRICTS.
        617. MANUFACTURED HOME PARKS TO BE CONSISTENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09642-05-4

S. 4072--A                          2

  S 615. DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "MANUFACTURED  HOME"  SHALL  HAVE  THE SAME MEANING AS PROVIDED IN
SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THIS ARTICLE.
  2.  "IDENTICAL  DEVELOPMENT  SPECIFICATIONS  AND  STANDARDS"  INCLUDES
ACCESS, BUILDING SETBACK DISTANCE, ENCLOSURES AND VEHICLE PARKING SPACE.
  3.  "SINGLE-FAMILY  DWELLING"  SHALL  MEAN  A  BUILDING  DESIGNED AS A
ONE-FAMILY RESIDENCE AND USED OR OCCUPIED, OR INTENDED  TO  BE  USED  OR
OCCUPIED  AS  THE HOME OR RESIDENCE OF ONE OR MORE PERSONS MAINTAINING A
HOUSEHOLD.
  S 616. MANUFACTURED HOMES AS SINGLE-FAMILY  DWELLINGS  IN  RESIDENTIAL
DISTRICTS. A MANUFACTURED HOME THAT IS AFFIXED TO A PERMANENT FOUNDATION
AND CONFORMS WITH THE IDENTICAL DEVELOPMENT SPECIFICATION AND STANDARDS,
INCLUDING  GENERAL  AESTHETIC AND ARCHITECTURAL STANDARDS, APPLICABLE TO
CONVENTIONAL, SITE-BUILT  SINGLE-FAMILY  DWELLINGS  IN  THE  RESIDENTIAL
DISTRICT  IN WHICH THE MANUFACTURED HOME IS TO BE SITED, SHALL BE DEEMED
TO BE A CONFORMING SINGLE FAMILY DWELLING FOR PURPOSES OF THE APPLICABLE
LOCAL ZONING LAW OR ORDINANCE.
  S 617. MANUFACTURED HOME PARKS TO  BE  CONSISTENT.  MANUFACTURED  HOME
PARKS  MAY BE ESTABLISHED OR EXISTING PARKS EXPANDED CONSISTENT WITH THE
PROVISIONS OF THIS TITLE AND CONSISTENT WITH THE  IDENTICAL  DEVELOPMENT
SPECIFICATION  AND  STANDARDS, INCLUDING GENERAL AESTHETIC AND ARCHITEC-
TURAL STANDARDS, APPLICABLE TO OTHER SINGLE-FAMILY DWELLING DEVELOPMENTS
IN THE MUNICIPALITY IN WHICH THE PARK IS, OR IS TO BE, LOCATED.
  S 5. This act shall take effect immediately.

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