§ 605. Resolution of disputes regarding manufactured 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 home. The department shall promulgate forms for such
complaints which forms shall also be available on the department's
web-site. 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 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,
installation, service, or construction of a manufactured 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
judicial review provided for in this article.

(g) Any party may seek judicial review of the administrative
determination pursuant to article seventy-eight of the civil practice
law and rules.