S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7422
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2023
                                ___________
 
 Introduced  by  M. of A. BARRETT, McDONALD -- (at request of the Depart-
   ment of State) -- read once and referred to the Committee  on  Govern-
   mental Operations
 
 AN ACT to amend the executive law, in relation to manufactured homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 607 of the executive law, as added by  chapter  729
 of the laws of 2005, is amended to read as follows:
   § 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]  CIVIL
 PENALTY shall be collected and deposited in the state's general fund. In
 addition to the CIVIL penalties set forth in this section, the secretary
 shall also have the power to suspend or revoke [licenses] CERTIFICATIONS
 pursuant to section six hundred four of this [article] TITLE.
   §  2.  Paragraphs  (a)  and (b) of subdivision 5 of section 609 of the
 executive law, as added by chapter 729 of the laws of 2005, are  amended
 to read as follows:
   (a)  A  manufacturer  or retailer of manufactured housing who violates
 any of the provisions set forth in this section relating to manufactured
 housing or rules adopted by the department, including provisions of  the
 New  York  state  uniform  fire prevention and building code relating to
 manufactured housing, is subject to a civil penalty not to  exceed  [one
 thousand  one  hundred dollars] THE MAXIMUM CIVIL PENALTY ESTABLISHED BY
 24 C.F.R. § 3282.10,  AS  THEN  IN  EFFECT,  for  each  violation.  Each
 violation constitutes a separate violation with respect to each manufac-
 tured housing unit, except that the maximum CIVIL penalty may not exceed
 [one  million  one  hundred  thousand dollars] THE MAXIMUM CIVIL PENALTY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06053-01-3
              

 A. 7422                             2
 
 ESTABLISHED BY 24 C.F.R. § 3282.10, AS THEN IN EFFECT, 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 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] THE  MAXI-
 MUM  CRIMINAL  PENALTY  ESTABLISHED BY 24 C.F.R.   § 3282.10, AS THEN IN
 EFFECT, or imprisoned not more than one year or both.
   § 3. This act shall take effect immediately.