senate Bill S518

2015-2016 Legislative Session

Relates to designating a portion of the state highway system as the North Country Craft Beer Trails

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 02, 2016 referred to transportation
delivered to assembly
passed senate
Feb 24, 2016 amended on third reading 518a
Feb 09, 2016 advanced to third reading
Feb 08, 2016 2nd report cal.
Feb 02, 2016 1st report cal.124
Jan 06, 2016 referred to transportation
returned to senate
died in assembly
Mar 19, 2015 referred to transportation
delivered to assembly
passed senate
Feb 26, 2015 advanced to third reading
Feb 25, 2015 2nd report cal.
Feb 10, 2015 1st report cal.87
Jan 07, 2015 referred to transportation

Bill Amendments

S518
S518A
S518
S518A

S518 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Highway Law
Laws Affected:
Add §344-d, Hway L

S518 - Bill Texts

view summary

Designates a portion of the state highway system as the North County Craft Beer Trails.

view sponsor memo
BILL NUMBER: S518

TITLE OF BILL : An act to amend the highway law, in relation to
designating a portion of the state highway system as the "North
Country Craft Beer Trails"

PURPOSE :

To designate specific craft beer trails in various craft beer regions
throughout the state.

SUMMARY OF PROVISIONS :

Section 1 amends the Highway Law by adding a new subdivision. The
subdivision creates the "North Country Craft Beer Trails" in the
listing of craft beer trails. Section 2 authorizes the commissioner of
transportation to install and maintain ceremonial signs on the state
highway system pursuant to the designation of this act. Section 3
provides that this act shall take effect immediately.

JUSTIFICATION :

With over 140 craft breweries in New York State, New York craft beer
is ranked third in the country with an economic impact of $2.2 billion
dollars. Craft brewery production in New York is increasing faster
than the national average and grew 26% from 2011 to 2012, while the
national craft beer segment grew only 15% during the same period. In
2012 New York State was the 6th largest beer producing state in
nation.

The popularity of craft breweries may be attributed to the
farm-to-table movement. In New York the movement has been fostered by
new legislation amending the alcoholic beverage control law to broaden
the licenses and permits relating to the manufacture of alcoholic
beverages. The law, enacted on November 13, 2014, removes and reduces
fees and regulations to the benefit of small brewers by providing them
with greater opportunities to market their products by expanding the
activities that they can conduct at their facilities, including
selling their product "by the bottle" and "by the glass." The act
also successfully reduces costs for these small manufacturers by
permitting them to produce more of their product at lower fees and
making their wares more available to consumers.

Craft brewers want the public to see what they are doing, and
symbiotically consumers want to observe the production process. The
liberalization of craft brewing will continue to strengthen the craft
beer industry in New York and result in more breweries. This in turn
will create a need for more local malt houses and hops farms to supply
area breweries as the industry continues to fill in. The craft beer
industry will certainly be strengthened but the local economies
housing these breweries will also thrive as residents and tourists
seek out the readily available assortment locally produced beer.

As craft breweries gain notoriety the organization of these
destinations becomes increasing important. While wine trails already
exist in many parts of the state, there currently are no craft beer
trails. Like wine trails, craft beer trails will serve as a conduit of
the farm-to-table movement and stimulate regional economies by
increasing tourism and promoting the sale of local products. By
designating specific craft beer trails in various craft beer districts
throughout New York State, this bill will continue to bolster New
York's craft beer industry and provide a mechanism for the
advertisement and sponsorship of these goods.

Specifically, the creation of the "North Country Craft Beer Trail"
will provide a unique attraction for residents and visitors to the
North Country. By highlighting the craft breweries in the North
Country attention will be drawn to the many other local products
available in this region. Visiting the craft breweries along the trail
will become another exciting activity the North Country has to offer.
Thus, the enactment of this bill will invigorate and strengthen the
craft brewing industry in this region and throughout New York State.
It is therefore imperative that the bill creating the "North Country
Craft Beer Trail" is ratified.

LEGISLATIVE HISTORY :

New Bill.

FISCAL IMPLICATIONS :

Minimal.

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
________________________________________________________________________

                                   518

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the highway law, in relation to designating a portion of
  the state highway system as the "North Country Craft Beer Trails"

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

  Section 1. The highway law is amended by adding a new section 344-d to
read as follows:
  S  344-D.  PORTION OF THE STATE HIGHWAY SYSTEM TO BE DESIGNATED AS THE
"NORTH COUNTRY CRAFT BEER TRAILS". ALL THAT PORTION OF THE STATE HIGHWAY
SYSTEM CONSTITUTING ROUTE 3 FROM COUNTRY ROAD 75 IN SACKETS HARBOR, I-81
IN WATERTOWN UNTIL EXIT 48, I-781 UNTIL EXIT 4, AND US 11 UNTIL NY-68 IN
CANTON, SHALL BE DESIGNATED AND KNOWN AS THE "NORTH COUNTRY  CRAFT  BEER
TRAILS".
  S  2. The commissioner of transportation shall provide for the instal-
lation and maintenance of adequate signing of the state  highway  system
as  designated  pursuant  to  section one of this act. However, to avoid
confusion and to limit any possible disruption of commerce,  the  desig-
nation  called  for  pursuant to section one of this act shall be one of
ceremonial nature and the official name of such  highway  shall  not  be
changed as a result of this act.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05758-01-5

S518A - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Highway Law
Laws Affected:
Add §344-d, Hway L

S518A - Bill Texts

view summary

Designates a portion of the state highway system as the North County Craft Beer Trails.

view sponsor memo
BILL NUMBER: S518A

TITLE OF BILL : An act to amend the highway law, in relation to
designating a portion of the state highway system as the "North
Country Craft Beer Trails"

PURPOSE :

To designate specific craft beer trails in various craft beer regions
throughout the state.

SUMMARY OF PROVISIONS :

Section 1 amends the Highway Law by adding a new subdivision. The
subdivision creates the "North Country Craft Beer Trails" in the
listing of craft beer trails. Section 2 authorizes the commissioner of
transportation to install and maintain ceremonial signs on the state
highway system pursuant to the designation of this act. Section 3
provides that this act shall take effect immediately.

JUSTIFICATION :

With over 140 craft breweries in New York State, New York craft beer
is ranked third in the country with an economic impact of $2.2 billion
dollars. Craft brewery production in New York is increasing faster
than the national average and grew 26% from 2011 to 2012, while the
national craft beer segment grew only 15% during the same period. In
2012 New York State was the 6th largest beer producing state in
nation.

The popularity of craft breweries may be attributed to the
farm-to-table movement. In New York the movement has been fostered by
new legislation amending the alcoholic beverage control law to broaden
the licenses and permits relating to the manufacture of alcoholic
beverages. The law, enacted on November 13, 2014, removes and reduces
fees and regulations to the benefit of small brewers by providing them
with greater opportunities to market their products by expanding the
activities that they can conduct at their facilities, including
selling their product "by the bottle" and "by the glass." The act
also successfully reduces costs for these small manufacturers by
permitting them to produce more of their product at lower fees and
making their wares more available to consumers.

Craft brewers want the public to see what they are doing, and
symbiotically, consumers want to observe the production process. The
liberalization of craft brewing will continue to strengthen the craft
beer industry in New York and result in more breweries. This in turn
will create a need for more local malt houses and hops farms to supply
area breweries as the industry continues to fill in. The craft beer
industry will certainly be strengthened but the local economies
housing these breweries will also thrive as residents and tourists
seek out the readily available assortment of locally produced beer.

As craft breweries gain notoriety the organization of these
destinations becomes increasingly important. While wine trails already
exist in many parts of the state, there currently are no craft beer
trails. Like wine trails, craft beer trails will serve as a conduit of
the farm-to-table movement and stimulate regional economies by
increasing tourism and promoting the sale of local products. By
designating specific craft beer trails in various craft beer districts
throughout New York State, this bill will continue to bolster New
York's craft beer industry and provide a mechanism for the
advertisement and sponsorship of these goods.

Specifically, the creation of the "North Country Craft Beer Trail"
will provide a unique attraction for residents and visitors to the
North Country. By highlighting the craft breweries in the North
Country attention will be drawn to the many other local products
available in this region. Visiting the craft breweries along the trail
will become another exciting activity the North Country has to offer.
Thus, the enactment of this bill will invigorate and strengthen the
craft brewing industry in this region and throughout New York State.
It is therefore imperative that the bill creating the "North Country
Craft Beer Trail" is ratified.

LEGISLATIVE HISTORY :

New Bill.

FISCAL IMPLICATIONS :

Minimal.

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
________________________________________________________________________

                                 518--A
    Cal. No. 124

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule 6, sec. 8 -- 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 highway law, in relation to designating a portion of
  the state highway system as the "North Country Craft Beer Trails"

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

  Section 1. The highway law is amended by adding a new section 344-e to
read as follows:
  S  344-E.  PORTION OF THE STATE HIGHWAY SYSTEM TO BE DESIGNATED AS THE
"NORTH COUNTRY CRAFT BEER TRAILS". ALL THAT PORTION OF THE STATE HIGHWAY
SYSTEM CONSTITUTING ROUTE 3 FROM COUNTRY ROAD 75 IN SACKETS HARBOR, I-81
IN WATERTOWN UNTIL EXIT 48, I-781 UNTIL EXIT 4, AND US 11 UNTIL NY-68 IN
CANTON, SHALL BE DESIGNATED AND KNOWN AS THE "NORTH COUNTRY  CRAFT  BEER
TRAILS".
  S  2. The commissioner of transportation shall provide for the instal-
lation and maintenance of adequate signing of the state  highway  system
as  designated  pursuant  to  section one of this act. However, to avoid
confusion and to limit any possible disruption of commerce,  the  desig-
nation  called  for  pursuant to section one of this act shall be one of
ceremonial nature and the official name of such  highway  shall  not  be
changed as a result of this act.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05758-02-6

senate Bill S520

2015-2016 Legislative Session

Relates to manufactured homes certificate of title and the conveyance and encumbrance of manufactured homes as real property

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 22, 2016 print number 520a
amend and recommit to housing, construction and community development
Jan 06, 2016 referred to housing, construction and community development
Jan 07, 2015 referred to housing, construction and community development

Bill Amendments

S520
S520A
S520
S520A

S520 - Bill Details

See Assembly Version of this Bill:
A397
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Executive Law
Laws Affected:
Amd §372, Exec L; amd §§122-c, 2102, 2107, 2108, 2118, 2123 & 2124, add §§2117-a & 2117-b, V & T L; add §296-a, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3520A, A9239
2011-2012: S3723A
2009-2010: S6081

S520 - Bill Texts

view summary

Relates to manufactured homes' certificate of title and the conveyance and encumbrance of manufactured homes as real property.

view sponsor memo
BILL NUMBER: S520

TITLE OF BILL : An act to amend the executive law, the vehicle and
traffic law and the real property law, in relation to manufactured
home certificates of title, and the conveyance and encumbrance of
manufactured homes as real property

PURPOSE :

This bill relates to manufactured homes certificate of title and the
conveyance and encumbrance of manufactured homes as real property.

SUMMARY OF PROVISIONS :

Section 1- Subdivision 13 of section 372 of the executive law, as
amended by chapter 309 of the laws of 1996.

Section 2-Section 122-c of the vehicle and traffic law, as added b
chapter 322 of the laws of 1993.

Section 3-Paragraph 19 of subdivision (a) of section 2102 of the
vehicle and traffic law, as added by chapter 322 of the laws of 1993.

Section 4-Section 2107 of the vehicle and traffic law, as amended by
adding six new subdivisions (d), (e), (f), (g), (h) and (i).

Section 5-Subdivision (e) of section 2108 of the vehicle and traffic
law, as added by chapter 322 of the laws of 1993.

Section 6-The vehicle and traffic law is amended by adding two new
sections 2117-a and 2117-b.

Section 7-Subdivisions (d) and (e) of section 2118 of the vehicle and
traffic law, subdivision (d) as added by chapter 322 of the laws of
1993, subdivision (e) as amended by chapter 84 of the laws of 2001.

Section 8-Section 2123 of the vehicle and traffic law, as amended by
chapter 322 of the laws of 1993.

Section 9-Paragraph 2 of subdivision (a) of section 2124 of the
vehicle and traffic law, as added by chapter 322 of the laws of 1993.

Section 10-The real property law is amended by adding a new section
296-a.

Section 11-contains Effective Date.

JUSTIFICATION :

A manufactured home owner tried to go to his bank to obtain a reverse
mortgage and was denied. The bank informed the owner that because the
manufactured home has a title through the Department of Motor
Vehicles, not a Deed, they would be unable to provide him with a
reverse mortgage. This bill would change the current law that
manufactured homes get titles. Although the home is manufactured, it
is unable to be moved and the owner, therefore, should receive a deed
for the home, not a title.

LEGISLATIVE HISTORY :

2013-14: S.3520-A/A.9239
2011-12: S.3723A/A.5815A
2009: S.6081/A.7689

FISCAL IMPLICATIONS :

None

EFFECTIVE DATE :
This act shall take effect January 1, 2016; provided, however, that
the commissioner of motor vehicles shall promulgate any rules or
regulations necessary for the timely implementation of this act on or
before such date.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 520                                                    A. 397

                       2015-2016 Regular Sessions

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

                               (PREFILED)

                             January 7, 2015
                               ___________

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, PALUMBO -- read  once  and
  referred to the Committee on Judiciary

AN  ACT  to amend the executive law, the vehicle and traffic law and the
  real property law, in relation to manufactured  home  certificates  of
  title,  and  the  conveyance  and encumbrance of manufactured homes as
  real property

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

  Section  1.  Subdivision  13  of  section 372 of the executive law, as
amended by chapter 309 of the laws  of  1996,  is  amended  to  read  as
follows:
  13. "Mobile home" OR "MANUFACTURED HOME" means a [moveable or portable
unit  designed and constructed to be towed on its own chassis, comprised
of  frame  and  wheels,  connected  to  utilities,  and   designed   and
constructed without a permanent foundation for year-round living. A unit
may contain parts that may be folded, collapsed or telescoped when being
towed and expanded later to provide additional cubic capacity as well as
two or more separately towable components designed to be joined into one
integral  unit  capable of being again separated into the components for
repeated towing. "Mobile home" shall mean  units  designed  to  be  used
exclusively  for  residential purposes, excluding travel trailers] MANU-
FACTURED HOME AS DEFINED IN PARAGRAPH FIFTY-THREE OF SUBSECTION  (A)  OF
SECTION 9-102 OF THE UNIFORM COMMERCIAL CODE BUT DOES NOT INCLUDE RECRE-
ATIONAL  VEHICLES  (RVS) INCLUDING BUT NOT LIMITED TO MOTORHOMES, TRAVEL
TRAILERS, FIFTH-WHEEL TRAVEL TRAILERS, PARK MODEL  RVS,  TRUCK  CAMPERS,
AND FOLDING CAMPING TRAILERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02418-01-5

S. 520                              2                             A. 397

  S 2. Section 122-c of the vehicle and traffic law, as added by chapter
322 of the laws of 1993, is amended to read as follows:
  S 122-c. Mobile  home or manufactured home. 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  permanent  chassis  and designed to be used as a dwelling with or
without a permanent foundation when connected to required utilities, and
includes the plumbing, heating, air-conditioning and electrical  systems
contained  therein.   NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF
11 USC S 1322(B)(2), A MANUFACTURED HOME SHALL  BE  DEEMED  TO  BE  REAL
PROPERTY.
  S  3.  Paragraph  19 of subdivision (a) of section 2102 of the vehicle
and traffic law, as added by chapter 322 of the laws of 1993, is amended
to read as follows:
  (19) A [mobile home or a] manufactured  home,  manufactured  prior  to
July  first, nineteen hundred ninety-four and designated by the manufac-
turer as being a nineteen hundred  ninety-four  or  earlier  model  year
[mobile  home or] manufactured home, [and] any [mobile home or] manufac-
tured home, manufactured or assembled prior to January  first,  nineteen
hundred  ninety-four  for  which  the  manufacturer has not designated a
model year, AND ANY "FACTORY MANUFACTURED HOME" AS DEFINED  IN  SUBDIVI-
SION EIGHT OF SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECUTIVE LAW.
  S  4. Section 2107 of the vehicle and traffic law is amended by adding
six new subdivisions (d), (e), (f), (g), (h) and (i) to read as follows:
  (D) THE COMMISSIONER SHALL NOT ISSUE A CERTIFICATE OF TITLE TO A MANU-
FACTURED HOME WITH RESPECT TO WHICH THERE HAS BEEN RECORDED AN AFFIDAVIT
OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A OF  THE  REAL
PROPERTY LAW.
  (E) THE COMMISSIONER SHALL FILE, UPON RECEIPT, EACH AFFIDAVIT OF AFFI-
XATION OR AFFIDAVIT OF SEVERANCE RELATING TO A MANUFACTURED HOME THAT IS
DELIVERED  IN  ACCORDANCE  WITH  SECTION TWO HUNDRED NINETY-SIX-A OF THE
REAL PROPERTY LAW, WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY.
  (F) THE COMMISSIONER SHALL MAINTAIN A  RECORD  OF  ALL  AFFIDAVITS  OF
AFFIXATION  HE  OR  SHE FILES IN ACCORDANCE WITH SUBDIVISION (E) OF THIS
SECTION. THE RECORD SHALL STATE THE NAME OF THE OWNER  OF  THE  MANUFAC-
TURED  HOME, THE COUNTY OF RECORDATION, THE DATE OF RECORDATION, AND THE
BOOK AND PAGE NUMBER OF EACH BOOK OF DEEDS WHERE THERE HAS BEEN RECORDED
AN AFFIDAVIT OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED  NINETY-SIX-A
OF  THE  REAL  PROPERTY  LAW  AND  THIS  ARTICLE, AND ANY OTHER DATA THE
COMMISSIONER PRESCRIBES.
  (G) THE COMMISSIONER SHALL FILE, UPON RECEIPT,  EACH  APPLICATION  FOR
SURRENDER  OF  THE  CERTIFICATE OF TITLE RELATING TO A MANUFACTURED HOME
THAT IS DELIVERED IN ACCORDANCE WITH SECTION TWENTY-ONE  HUNDRED  SEVEN-
TEEN-A  OF  THIS ARTICLE, WHEN SATISFIED AS TO ITS GENUINENESS AND REGU-
LARITY.
  (H) THE COMMISSIONER SHALL MAINTAIN A RECORD OF EACH MANUFACTURED HOME
CERTIFICATE OF TITLE THAT HE OR SHE ACCEPTS FOR SURRENDER AS PROVIDED IN
SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE. THE RECORD SHALL
STATE THE NAME OF THE OWNER OF  THE  MANUFACTURED  HOME,  THE  DATE  THE
CERTIFICATE  OF TITLE WAS ACCEPTED FOR SURRENDER, THE COUNTY OF RECORDA-
TION, THE DATE OF RECORDATION, AND THE BOOK AND PAGE NUMBER OF EACH BOOK
OF DEEDS WHERE THERE HAS BEEN RECORDED AN AFFIDAVIT OF AFFIXATION PURSU-
ANT TO SECTION TWO HUNDRED NINETY-SIX-A OF THE  REAL  PROPERTY  LAW  AND
THIS ARTICLE, AND ANY OTHER DATA THE COMMISSIONER PRESCRIBES.

S. 520                              3                             A. 397

  (I)  THE  COMMISSIONER  SHALL  MAINTAIN  A RECORD OF EACH AFFIDAVIT OF
SEVERANCE HE OR SHE FILES IN ACCORDANCE WITH  SUBDIVISION  (E)  OF  THIS
SECTION.  THE  RECORD  SHALL STATE THE NAME OF THE OWNER OF THE MANUFAC-
TURED HOME, THE COUNTY OF RECORDATION, THE DATE OF RECORDATION, AND  THE
BOOK AND PAGE NUMBER OF EACH BOOK OF DEEDS WHERE THERE HAS BEEN RECORDED
AN  AFFIDAVIT  OF SEVERANCE PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A
OF  THE  REAL  PROPERTY  LAW,  AND  ANY  OTHER  DATA  THE   COMMISSIONER
PRESCRIBES.
  S  5.  Subdivision (e) of section 2108 of the vehicle and traffic law,
as added by chapter 322 of the laws of  1993,  is  amended  to  read  as
follows:
  (e) Notwithstanding any other provision of law, a certificate of title
to  a  vehicle which is a [mobile home or a] manufactured home issued by
the commissioner is prima facie evidence of the facts appearing  on  it,
notwithstanding  the fact that such vehicle, at any time, in any manner,
shall have become [attached to realty] AFFIXED IN  ANY  MANNER  TO  REAL
PROPERTY.
  S 6. The vehicle and traffic law is amended by adding two new sections
2117-a and 2117-b to read as follows:
  S  2117-A. SURRENDER OF TITLE TO A MANUFACTURED HOME. (A) THE OWNER OR
OWNERS OF A MANUFACTURED HOME THAT IS COVERED BY A CERTIFICATE OF  TITLE
AND  THAT  IS  PERMANENTLY  AFFIXED TO REAL PROPERTY, OR WHICH THE OWNER
INTENDS TO PERMANENTLY AFFIX TO REAL PROPERTY, MAY SURRENDER THE CERTIF-
ICATE OF TITLE TO THE MANUFACTURED HOME TO THE  COMMISSIONER  BY  FILING
WITH  THE  COMMISSIONER AN APPLICATION FOR SURRENDER OF TITLE CONTAINING
OR ACCOMPANIED BY:
  (1) THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER;
  (2) A DESCRIPTION OF THE MANUFACTURED HOME INCLUDING, SO  FAR  AS  THE
FOLLOWING DATA EXISTS; THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
NAME,  THE  MODEL  YEAR,  THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION
NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND WHETHER IT IS NEW OR USED
AND ANY OTHER INFORMATION THE COMMISSIONER REQUIRES;
  (3) THE DATE OF PURCHASE BY APPLICANT OF THE  MANUFACTURED  HOME,  THE
NAME  AND  ADDRESS OF THE PERSON FROM WHOM THE HOME WAS ACQUIRED AND THE
NAMES AND ADDRESSES OF ANY LIENHOLDERS IN THE ORDER  OF  THEIR  APPARENT
PRIORITY;
  (4) A STATEMENT SIGNED BY THE APPLICANT, STATING EITHER, (I) ANY FACTS
OR  INFORMATION  KNOWN TO THE APPLICANT THAT COULD REASONABLY AFFECT THE
VALIDITY OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-
EXISTENCE  OF  SECURITY  INTERESTS  IN IT; OR (II) THAT NO SUCH FACTS OR
INFORMATION ARE KNOWN TO THE APPLICANT;
  (5) A CERTIFIED COPY OF THE AFFIDAVIT OF  AFFIXATION  AS  PROVIDED  BY
SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW;
  (6)  THE  NAME  AND  MAILING ADDRESS OF EACH PERSON TO RECEIVE WRITTEN
ACKNOWLEDGMENT OF SURRENDER FROM THE COMMISSIONER; AND
  (7) ANY OTHER INFORMATION AND DOCUMENTS  THE  COMMISSIONER  REASONABLY
REQUIRES  TO  IDENTIFY  THE OWNER OF THE MANUFACTURED HOME AND TO ENABLE
HIM OR HER TO DETERMINE WHETHER THE OWNER IS ENTITLED TO  SURRENDER  THE
CERTIFICATE  OF  TITLE  AND  THE  EXISTENCE OR NON-EXISTENCE OF SECURITY
INTERESTS IN THE MANUFACTURED HOME.
  (B) THE COMMISSIONER SHALL NOT ACCEPT FOR SURRENDER A  CERTIFICATE  OF
TITLE  TO  A  MANUFACTURED  HOME  UNLESS AND UNTIL ANY LIENS PURSUANT TO
SECTION TWENTY-ONE HUNDRED FIVE-A  OF  THIS  ARTICLE  AND  ANY  SECURITY
INTERESTS  PURSUANT  TO SECTIONS TWENTY-ONE HUNDRED SEVEN AND TWENTY-ONE
HUNDRED EIGHTEEN OF THIS ARTICLE HAVE BEEN RELEASED.

S. 520                              4                             A. 397

  (C) WHEN SATISFIED AS TO THE GENUINENESS AND REGULARITY OF THE SURREN-
DER OF A CERTIFICATE OF TITLE TO A MANUFACTURED HOME AND UPON  SATISFAC-
TION  OF  THE  REQUIREMENTS OF SUBDIVISIONS (A) AND (B) OF THIS SECTION,
THE COMMISSIONER SHALL CANCEL THE CERTIFICATE OF TITLE AND UPDATE HIS OR
HER  RECORDS  IN  ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS (G) AND
(H) OF SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTICLE.
  (D) UPON SATISFACTION OF THE REQUIREMENTS OF THIS SECTION  A  MANUFAC-
TURED  HOME  SHALL BE CONVEYED AND ENCUMBERED AS PROVIDED IN SUBDIVISION
SEVEN OF SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW.
  (E) UPON WRITTEN  REQUEST,  THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
ACKNOWLEDGMENT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  S  2117-B. APPLICATION TO REINSTATE CERTIFICATE OF TITLE TO A MANUFAC-
TURED HOME. (A) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHERE  A
MANUFACTURED  HOME HAS BEEN PERMANENTLY AFFIXED TO REAL PROPERTY, AND AN
AFFIDAVIT OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A  OF
THE  REAL  PROPERTY  LAW  HAS BEEN RECORDED AS PART OF THE REAL PROPERTY
RECORDS IN THE COUNTY IN WHICH THE MANUFACTURED  HOME  IS  LOCATED,  AND
WHERE THE MANUFACTURED HOME SUBSEQUENTLY IS DETACHED OR SEVERED FROM THE
REAL  PROPERTY,  THE  OWNER OR OWNERS MAY APPLY TO REINSTATE THE CERTIF-
ICATE OF TITLE BY FILING WITH THE COMMISSIONER AN APPLICATION  TO  REIN-
STATE  THE  CERTIFICATE  OF  TITLE  TO A MANUFACTURED HOME CONTAINING OR
ACCOMPANIED BY:
  (1) THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER;
  (2) A DESCRIPTION OF THE MANUFACTURED HOME INCLUDING, SO  FAR  AS  THE
FOLLOWING DATA EXISTS: THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
NAME,  THE  MODEL  YEAR,  THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION
NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND  WHETHER  IT  IS  NEW  OR
USED, AND ANY OTHER INFORMATION THE COMMISSIONER REQUIRES;
  (3) A STATEMENT SIGNED BY THE APPLICANT, STATING EITHER: (I) ANY FACTS
OR  INFORMATION  KNOWN TO THE APPLICANT THAT COULD REASONABLY AFFECT THE
VALIDITY OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-
EXISTENCE  OF  SECURITY  INTEREST  IN  IT; OR (II) THAT NO SUCH FACTS OR
INFORMATION ARE KNOWN TO THE APPLICANT;
  (4) A CERTIFIED COPY OF THE AFFIDAVIT  OF  SEVERANCE  AS  PROVIDED  BY
SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW;
  (5)  A SWORN DECLARATION BY AN ATTORNEY AT LAW, DULY ADMITTED TO PRAC-
TICE IN THE COURTS OF THE STATE OF NEW YORK, OR  AN  AGENT  OF  A  TITLE
INSURANCE  COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE IN
THE STATE OF NEW YORK, THAT THE MANUFACTURED HOME IS FREE AND  CLEAR  OF
ALL  LIENS  AND  ENCUMBRANCES, AND (I) ANY FACTS OR INFORMATION KNOWN TO
HIM OR HER THAT COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
MANUFACTURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTER-
ESTS  IN  IT; OR (II) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO HIM
OR HER; AND
  (6) ANY OTHER INFORMATION AND DOCUMENTS  THE  COMMISSIONER  REASONABLY
REQUIRES  TO  IDENTIFY THE MANUFACTURED HOME AND TO ENABLE HIM OR HER TO
DETERMINE WHETHER THE OWNER IS ENTITLED TO A CERTIFICATE  OF  TITLE  AND
THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTERESTS IN THE MANUFACTURED
HOME.
  (B)  WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY OF THE APPLI-
CATION TO REINSTATE A CERTIFICATE OF TITLE TO A  MANUFACTURED  HOME  AND
UPON  SATISFACTION  OF  THE  REQUIREMENTS  OF  SUBDIVISION  (A)  OF THIS
SECTION, THE COMMISSIONER SHALL ISSUE A NEW CERTIFICATE OF TITLE  PURSU-
ANT  TO  SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTICLE AND UPDATE HIS
OR HER RECORDS IN ACCORDANCE WITH THE PROVISIONS OF  SECTION  TWENTY-ONE
HUNDRED SEVEN OF THIS ARTICLE.

S. 520                              5                             A. 397

  (C)  UPON  SATISFACTION OF THE REQUIREMENTS OF THIS SECTION A MANUFAC-
TURED HOME SHALL BE CONVEYED AND ENCUMBERED AS PERSONAL PROPERTY.
  S 7. Subdivisions (d) and (e) of section 2118 of the vehicle and traf-
fic  law,  subdivision  (d) as added by chapter 322 of the laws of 1993,
subdivision (e) as amended by chapter  84  of  the  laws  of  2001,  are
amended to read as follows:
  (d)  A  security interest noted on a certificate of title to a vehicle
which is a [mobile home or a] manufactured home shall have priority over
[any other] ALL subsequent liens or security interests except for  those
set  forth  in  subdivision (c) of section [two thousand one] TWENTY-ONE
hundred three of this article.
  (e) [After]  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SECTIONS  TWENTY-ONE
HUNDRED  SEVENTEEN-A,  TWENTY-ONE  HUNDRED  SEVENTEEN-B  AND  TWENTY-ONE
HUNDRED  TWENTY-THREE  OF  THIS  ARTICLE,  AND   SECTION   TWO   HUNDRED
NINETY-SIX-A  OF THE REAL PROPERTY LAW, AFTER a certificate of title has
been issued [in this state] for a [vehicle which is a mobile home or  a]
manufactured home, and as long as the [vehicle which is a mobile home or
a]  manufactured  home  is  subject  to  any security interest perfected
pursuant to this section, the commissioner shall not FILE  AN  AFFIDAVIT
OF  AFFIXATION, NOR revoke the certificate of title, NOR ISSUE A CERTIF-
ICATE OF TITLE UNDER SUBDIVISION (A) OF SECTION TWENTY-ONE HUNDRED SEVEN
OF THIS ARTICLE, and, in any event, the validity  and  priority  of  any
security  interest  perfected  pursuant  to this section shall continue,
notwithstanding the provision of  any  other  law[,  including  but  not
limited  to  section  9--303 and section 9-313 of the uniform commercial
code].
  S 8. Section 2123 of the vehicle and traffic law, as amended by  chap-
ter 322 of the laws of 1993, is amended to read as follows:
  S 2123. Exclusiveness  of procedure. The method provided in this arti-
cle of perfecting and giving notice of  security  interests  subject  to
this  article  is  exclusive. Security interests subject to this article
are hereby exempted from the provisions of law which otherwise relate to
the perfection of security interests,  [including  but  not  limited  to
section  9-313  of  the uniform commercial code] PROVIDED, HOWEVER, THAT
WITH RESPECT TO A MANUFACTURED HOME  THAT  IS  OR  WILL  BE  PERMANENTLY
AFFIXED TO REAL PROPERTY, UPON RECORDATION OF AN AFFIDAVIT OF AFFIXATION
PURSUANT  TO  SECTION  TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW
AND SATISFACTION OF  THE  REQUIREMENTS  OF  SECTION  TWENTY-ONE  HUNDRED
SEVENTEEN-A OF THIS ARTICLE, ANY PERFECTION OR TERMINATION OF A SECURITY
INTEREST WITH RESPECT TO SUCH PERMANENTLY AFFIXED PROPERTY SHALL CONFORM
TO THE REQUIREMENTS OF ARTICLE NINE OF THE REAL PROPERTY LAW.
  S 9. Paragraph 2 of subdivision (a) of section 2124 of the vehicle and
traffic  law, as added by chapter 322 of the laws of 1993, is amended to
read as follows:
  (2) [Notwithstanding any other provision of law] EXCEPT AS PROVIDED IN
SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE, the commissioner
shall not suspend or revoke a certificate of title to a  [vehicle  which
is  a  mobile  home or] manufactured home by reason of the fact that, at
any time, in any manner, it shall have become attached to [realty]  REAL
PROPERTY.
  S  10.  The real property law is amended by adding a new section 296-a
to read as follows:
  S 296-A. CONVEYANCE AND ENCUMBRANCE  OF  MANUFACTURED  HOMES  AS  REAL
PROPERTY.  1.  MANUFACTURED  HOME; PERMANENTLY AFFIXED TO REAL PROPERTY.
FOR PURPOSES OF THIS SECTION, THE TERM "MANUFACTURED  HOME"  SHALL  HAVE
THE  SAME  MEANING  AS  A  MANUFACTURED  HOME  AS  DEFINED  IN PARAGRAPH

S. 520                              6                             A. 397

FIFTY-THREE OF SUBSECTION (A) OF SECTION 9-102 OF THE UNIFORM COMMERCIAL
CODE. NOTWITHSTANDING THE  FORGOING,  FOR  THE  PURPOSES  OF  11  USC  S
1322(B)(2), A MANUFACTURED HOME SHALL BE DEEMED TO BE REAL PROPERTY. FOR
PURPOSES  OF  THIS SECTION, ARTICLE FORTY-SIX OF THE VEHICLE AND TRAFFIC
LAW, AND THE UNIFORM COMMERCIAL CODE, A MANUFACTURED HOME IS "PERMANENT-
LY AFFIXED" IF IT IS ANCHORED TO REAL PROPERTY BY ATTACHMENT TO A PERMA-
NENT FOUNDATION, CONSTRUCTED IN ACCORDANCE  WITH  APPLICABLE  STATE  AND
LOCAL  BUILDING  CODES  AND  MANUFACTURER'S  SPECIFICATIONS  IN A MANNER
SUFFICIENT TO  VALIDATE  ANY  APPLICABLE  MANUFACTURER'S  WARRANTY,  AND
CONNECTED  TO  A  RESIDENTIAL  UTILITY  (E.G.,  WATER, GAS, ELECTRICITY,
SEWER).
  2. RECORD NOTICE.  (A) TO CONVEY OR VOLUNTARILY ENCUMBER AS REAL PROP-
ERTY, A MANUFACTURED HOME, THE FOLLOWING CONDITIONS MUST BE MET:
  (I) THE MANUFACTURED HOME SHALL BE PERMANENTLY AFFIXED TO REAL PROPER-
TY; AND
  (II) EACH PERSON HAVING AN  OWNERSHIP  INTEREST  IN  SUCH  HOME  SHALL
EXECUTE AND RECORD WITH THE RECORDING OFFICER OF THE COUNTY IN WHICH THE
REAL  PROPERTY  IS  LOCATED  AN  AFFIDAVIT  OF AFFIXATION AS PROVIDED IN
SUBDIVISION THREE OF THIS SECTION, AND SATISFY THE  APPLICABLE  REQUIRE-
MENTS OF THIS SECTION.
  (B)  UPON RECEIPT OF THE CERTIFIED COPY OF THE AFFIDAVIT OF AFFIXATION
PURSUANT TO SUBDIVISION FIVE OF  THIS  SECTION,  ANY  PERSON  DESIGNATED
THEREIN  FOR  FILING  WITH THE COMMISSIONER OF MOTOR VEHICLES SHALL FILE
THE AFFIDAVIT OF AFFIXATION WITH SUCH COMMISSIONER; EXCEPT THAT  IN  THE
CASE WHERE THE HOME IS COVERED BY A CERTIFICATE  OF TITLE, THE CERTIFIED
AFFIDAVIT  OF  AFFIXATION  SHALL BE FILED WITH THE COMMISSIONER OF MOTOR
VEHICLES PURSUANT TO SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THE VEHI-
CLE AND TRAFFIC LAW.
  3. AFFIDAVIT OF AFFIXATION.   (A) AN  AFFIDAVIT  OF  AFFIXATION  SHALL
CONTAIN OR BE ACCOMPANIED BY:
  (I)  THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL NAME, THE MODEL
YEAR, THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION NUMBER  OR  NUMBERS
OF THE MANUFACTURED HOME, AND WHETHER IT IS NEW OR USED;
  (II)(A)  A  STATEMENT  THAT  THE  PARTY EXECUTING THE AFFIDAVIT IS THE
OWNER OF THE REAL PROPERTY DESCRIBED THEREIN OR, (B) IF NOT THE OWNER OF
THE REAL PROPERTY, (1) A STATEMENT THAT THE PARTY EXECUTING THE  AFFIDA-
VIT  IS  IN  POSSESSION  OF THE REAL PROPERTY PURSUANT TO THE TERMS OF A
LEASE IN RECORDABLE FORM, AND (2) THE CONSENT OF THE LESSOR OF THE  REAL
PROPERTY  SHALL  BE  ENDORSED  UPON  OR ATTACHED TO THE AFFIDAVIT AND BE
ACKNOWLEDGED OR PROVED IN THE MANNER AS TO ENTITLE A  CONVEYANCE  TO  BE
RECORDED;
  (III) THE STREET ADDRESS AND THE LEGAL DESCRIPTION OF THE REAL PROPER-
TY UPON WHICH THE MANUFACTURED HOME IS OR WILL BE PERMANENTLY AFFIXED;
  (IV)  AS  APPLICABLE, (A) IF THE MANUFACTURED HOME IS NOT COVERED BY A
CERTIFICATE OF TITLE, A STATEMENT BY THE OWNER OR OWNERS TO THAT EFFECT;
AND
  (1) THE ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN FOR THE MANUFAC-
TURED HOME, DULY ENDORSED TO THE  OWNER  OF  THE  MANUFACTURED  HOME;  A
STATEMENT  THAT  ANNEXED  TO THE AFFIDAVIT OF AFFIXATION IS THE ORIGINAL
MANUFACTURER'S CERTIFICATE OF ORIGIN FOR  THE  MANUFACTURED  HOME,  DULY
ENDORSED TO THE OWNER OF THE MANUFACTURED HOME; OR
  (2)  A  STATEMENT THAT THE OWNER OR OWNERS OF THE HOME, AFTER DILIGENT
SEARCH AND INQUIRY, ARE UNABLE TO PRODUCE  THE  ORIGINAL  MANUFACTURER'S
CERTIFICATE OF ORIGIN FOR THE MANUFACTURED HOME;
  (B)  IF  THE MANUFACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, A
STATEMENT BY THE OWNER OR OWNERS OF THE MANUFACTURED HOME THAT THE MANU-

S. 520                              7                             A. 397

FACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, THE DATE  THE  TITLE
WAS  ISSUED, THE TITLE NUMBER, AND THAT THE OWNER OR OWNERS OF THE MANU-
FACTURED HOME SHALL SURRENDER THE TITLE; AND
  (C) A STATEMENT WHETHER OR NOT THE MANUFACTURED HOME IS SUBJECT TO ONE
OR MORE SECURITY INTERESTS; AND
  (1) IF THE MANUFACTURED HOME IS SUBJECT TO ONE OR MORE SECURITY INTER-
EST,  THE  NAME AND ADDRESS OF EACH PARTY HOLDING A SECURITY INTEREST IN
THE MANUFACTURED HOME, INCLUDING BUT NOT LIMITED TO, THOSE SHOWN ON  ANY
CERTIFICATE  OF  TITLE  ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, IF
ANY, AND THE ORIGINAL PRINCIPAL AMOUNT SECURED BY EACH  SECURITY  INTER-
EST; AND A STATEMENT THAT THE SECURITY INTEREST SHALL BE RELEASED; OR
  (2)  A STATEMENT THAT EACH SECURITY INTEREST IN THE MANUFACTURED HOME,
IF ANY, HAS BEEN RELEASED, TOGETHER WITH DUE PROOF OF EACH SUCH RELEASE,
IF ANY;
  (V) A STATEMENT THAT THE MANUFACTURED HOME IS OR SHALL BE  PERMANENTLY
AFFIXED TO THE REAL PROPERTY; AND
  (VI)  THE  NAME AND ADDRESS OF THE PERSON DESIGNATED FOR RECORDING THE
AFFIDAVIT OF AFFIXATION WITH THE COMMISSIONER OF MOTOR VEHICLES, TO WHOM
THE RECORDING OFFICER SHALL RETURN THE AFFIDAVIT OF AFFIXATION AFTER  IT
HAS BEEN DULY RECORDED IN THE REAL PROPERTY RECORDS, AS PROVIDED IN THIS
SECTION.
  (B)  THE  AFFIDAVIT  OF  AFFIXATION  SHALL BE IN THE FORM SET FORTH IN
PARAGRAPH (C) OF THIS SUBDIVISION, DULY ACKNOWLEDGED OR PROVED  IN  LIKE
MANNER  AS  TO  ENTITLE A CONVEYANCE TO BE RECORDED AND WHEN SO ACKNOWL-
EDGED OR PROVED, UPON PAYMENT OF THE FEES THEREFOR, THE RECORDING  OFFI-
CER  SHALL IMMEDIATELY CAUSE THE AFFIDAVIT OF AFFIXATION AND ANY ATTACH-
MENTS THERETO, TO BE DULY RECORDED AND INDEXED IN THE RECORD OF DEEDS.
  (C) AN AFFIDAVIT OF AFFIXATION SHALL CONFORM TO  THE  REQUIREMENTS  OF
THIS SUBDIVISION. AN AFFIDAVIT IN SUBSTANTIALLY THE FOLLOWING FORM SHALL
BE DEEMED TO BE IN COMPLIANCE:

                            MANUFACTURED HOME
                         AFFIDAVIT OF AFFIXATION

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

BEFORE  ME,  THE  UNDERSIGNED  NOTARY  PUBLIC,  ON  THIS  DAY PERSONALLY
APPEARED

      {TYPE THE NAME(S) OF EACH HOMEOWNER SIGNING THIS AFFIDAVIT}:

KNOWN TO ME TO BE THE PERSON(S) WHOSE NAME(S)  IS/ARE  SUBSCRIBED  BELOW
(EACH A "HOMEOWNER"), AND WHO, BEING BY ME FIRST DULY SWORN, DID EACH ON
HIS OR HER OATH STATE AS FOLLOWS:

1.  HOMEOWNER OWNS THE MANUFACTURED HOME ("HOME") DESCRIBED AS FOLLOWS:

________________________________________________________________________
NEW/USED  YEAR  MANUFACTURER'S  MODEL NAME  MANUFACTURER'S  LENGTH/WIDTH
                     NAME        AND MODEL    SERIAL NO.
                                    NO.

2.  THE  HOME WAS BUILT IN COMPLIANCE WITH THE FEDERAL MANUFACTURED HOME
    CONSTRUCTION AND SAFETY STANDARDS ACT.

S. 520                              8                             A. 397

3.  IF THE HOMEOWNER IS THE FIRST RETAIL BUYER OF THE HOME, HOMEOWNER IS
    IN RECEIPT OF (I) THE MANUFACTURER'S WARRANTY FOR THE HOME, (II) THE
    CONSUMER MANUAL FOR THE HOME, (III) THE  INSULATION  DISCLOSURE  FOR
    THE HOME, AND (IV) THE FORMALDEHYDE HEALTH NOTICE.

4.  THE HOME IS OR WILL BE LOCATED AT THE FOLLOWING "PROPERTY ADDRESS":

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

5.  THE LEGAL DESCRIPTION OF THE REAL PROPERTY WHERE THE HOME IS OR WILL
    BE PERMANENTLY AFFIXED ("LAND") IS:

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

6.  THE  HOMEOWNER  IS THE OWNER OF THE LAND OR, IF NOT THE OWNER OF THE
    LAND, IS IN POSSESSION OF THE REAL PROPERTY PURSUANT TO A  LEASE  IN
    RECORDABLE  FORM,  AND THE CONSENT OF THE LESSOR IS ATTACHED TO THIS
    AFFIDAVIT.

7.  THE HOME {__} IS {__} SHALL BE ANCHORED TO THE LAND BY ATTACHMENT TO
    A PERMANENT FOUNDATION, CONSTRUCTED IN  ACCORDANCE  WITH  APPLICABLE
    STATE  AND LOCAL BUILDING CODES AND MANUFACTURER'S SPECIFICATIONS IN
    A  MANNER  SUFFICIENT  TO  VALIDATE  ANY  APPLICABLE  MANUFACTURER'S
    WARRANTY,  AND CONNECTED TO A RESIDENTIAL UTILITY (E.G., WATER, GAS,
    ELECTRICITY, SEWER) ("PERMANENTLY AFFIXED").

8.  THE HOME SHALL BE ASSESSED AND TAXED AS AN IMPROVEMENT TO THE LAND.

9.  HOMEOWNER AGREES THAT AS OF TODAY, OR IF THE HOME IS NOT YET LOCATED
    AT THE PROPERTY ADDRESS, UPON THE DELIVERY OF THE HOME TO THE  PROP-
    ERTY ADDRESS:

    (A) ALL  PERMITS  REQUIRED  BY  GOVERNMENTAL  AUTHORITIES  HAVE BEEN
        OBTAINED;

    (B) THE FOUNDATION SYSTEM FOR THE HOME WAS DESIGNED BY  AN  ENGINEER
        TO MEET THE SOIL CONDITIONS OF THE PROPERTY ADDRESS. ALL FOUNDA-
        TIONS,  BOTH PERIMETER AND PIERS FOR THE HOME HAVE FOOTINGS THAT
        ARE LOCATED BELOW THE FROST LINE, AND WILL BE PLACED  WHERE  THE
        HOME MANUFACTURER RECOMMENDS. ALL FOUNDATIONS ARE CONSTRUCTED IN
        ACCORDANCE  WITH  APPLICABLE STATE AND LOCAL BUILDING CODES, AND
        MANUFACTURER'S SPECIFICATIONS IN A MANNER SUFFICIENT TO VALIDATE
        ANY APPLICABLE MANUFACTURER'S WARRANTY.

    (C) THE WHEELS, AXLES, TOWBAR OR HITCH WERE REMOVED  WHEN  THE  HOME
        WAS, OR WILL BE, PLACED ON THE PROPERTY ADDRESS;

    (D) THE  HOME  IS  (I) PERMANENTLY AFFIXED TO A FOUNDATION, (II) HAS
        THE CHARACTERISTICS OF SITE-BUILT HOUSING, AND (III) IS PART  OF
        THE LAND; AND

S. 520                              9                             A. 397

    (E) THE  HOME  IS  PERMANENTLY  CONNECTED TO A SEPTIC TANK OR SEWAGE
        SYSTEM AND  OTHER  UTILITIES  SUCH  AS  ELECTRICITY,  WATER  AND
        NATURAL GAS.

10. IF THE HOMEOWNER IS THE OWNER OF THE LAND, ANY CONVEYANCE OR FINANC-
    ING  OF  THE  HOME  AND THE LAND SHALL BE A SINGLE TRANSACTION UNDER
    APPLICABLE STATE LAW.

11. THE HOME IS SUBJECT TO THE FOLLOWING  SECURITY  INTERESTS  (EACH,  A
    "SECURITY INTEREST"):

    NAME OF LIENHOLDER:              NAME OF LIENHOLDER:

    ADDRESS:                         ADDRESS:

    ORIGINAL PRINCIPAL               ORIGINAL PRINCIPAL
    AMOUNT SECURED:                  AMOUNT SECURED:

12. OTHER  THAN  THOSE DISCLOSED IN THIS AFFIDAVIT, THE HOMEOWNER IS NOT
    AWARE OF (I) ANY OTHER CLAIM,  LIEN  OR  ENCUMBRANCE  AFFECTING  THE
    HOME,  (II)  ANY  FACTS  OR  INFORMATION KNOWN TO THE APPLICANT THAT
    COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE  OF  THE  MANUFAC-
    TURED  HOME  OR THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTERESTS
    IN IT.

13. A RELEASE OF LIEN FROM EACH OF THE LIENHOLDERS IDENTIFIED  IN  PARA-
    GRAPH  11 OF THIS AFFIDAVIT {__} HAS BEEN {__} SHALL BE DELIVERED TO
    THE COMMISSIONER OF MOTOR VEHICLES.

14. A HOMEOWNER SHALL INITIAL ONLY ONE OF THE FOLLOWING, AS  IT  APPLIES
    TO TITLE TO THE HOME:

    {__} THE  HOME  IS  NOT  COVERED  BY  A  CERTIFICATE OF TITLE.   THE
         ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN, DULY ENDORSED TO
         THE HOMEOWNER, IS ATTACHED TO THIS AFFIDAVIT.

    {__} THE HOME IS NOT COVERED BY A CERTIFICATE OF TITLE.  AFTER DILI-
         GENT SEARCH AND INQUIRY, THE HOMEOWNER IS UNABLE TO PRODUCE THE
         ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN.

    {__} THE HOME IS COVERED BY A CERTIFICATE OF TITLE ISSUED ON  ______
         OF __________, ______, TITLE NUMBER ______, WHICH THE HOMEOWNER
         SHALL SURRENDER.

    [__] THE  HOME  IS COVERED BY A CERTIFICATE OF TITLE. AFTER DILIGENT
         SEARCH AND INQUIRY, THE HOMEOWNER  IS  UNABLE  TO  PRODUCE  THE
         ORIGINAL CERTIFICATE OF TITLE.

15. THE  HOMEOWNER  DESIGNATES THE FOLLOWING PERSON TO RECORD THIS MANU-
    FACTURED HOME AFFIXATION AFFIDAVIT AND UPON ITS RECORDING  IT  SHALL
    BE  RETURNED  BY  THE RECORDING OFFICER IN THE REAL PROPERTY RECORDS
    WHERE THE HOME IS TO BE LOCATED TO SAME:

    NAME:

S. 520                             10                             A. 397

    ADDRESS:

16. THIS  AFFIDAVIT  IS  EXECUTED BY HOMEOWNER(S) PURSUANT TO APPLICABLE
    STATE LAW.

IN WITNESS WHEREOF, HOMEOWNER(S) HAS EXECUTED THIS AFFIDAVIT IN MY PRES-
ENCE AND IN THE PRESENCE OF THE UNDERSIGNED WITNESSES ON THIS __________
DAY OF __________, ______.

____________________________ (SEAL)     ________________________________
HOMEOWNER #1                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #2                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #3                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #4                            WITNESS

____________________________
PRINTED NAME

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

  ON THE __________ DAY OF __________ IN THE YEAR ______ BEFORE ME,  THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY  APPEARED
_______________________________________________________________________,
PERSONALLY  KNOWN  TO  ME  OR  PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS  (ARE)  SUBSCRIBED  TO
THE  WITHIN  INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED
THE SAME IN  HIS/HER/THEIR  CAPACITY(IES),  AND  THAT  BY  HIS/HER/THEIR
SIGNATURE(S)  ON  THE  INSTRUMENT,  THE  INDIVIDUAL(S), OR THE PERSON ON
BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT.

________________________________________
NOTARY SIGNATURE

________________________________________
NOTARY PRINTED NAME

NOTARY PUBLIC; STATE OF ________________
QUALIFIED IN THE COUNTY OF _____________

S. 520                             11                             A. 397

MY COMMISSION EXPIRES: _________________

OFFICIAL SEAL:

ATTENTION  COUNTY CLERK: THIS INSTRUMENT COVERS FIXTURES THAT ARE OR ARE
TO BE SEVERED FROM THE PROPERTY DESCRIBED HEREIN AND IS TO BE FILED  FOR
RECORD IN THE RECORDS WHERE CONVEYANCES OF REAL ESTATE ARE RECORDED.
  (D)  THE FEE FOR RECORDING AN AFFIDAVIT OF AFFIXATION SHALL BE TWENTY-
FIVE DOLLARS.
  4. DISPOSITION OF LIENS.  NEITHER THE ACT OF  PERMANENTLY  AFFIXING  A
MANUFACTURED  HOME  TO REAL PROPERTY, NOR THE RECORDING OF THE AFFIDAVIT
OF AFFIXATION SHALL IMPAIR THE RIGHTS OF ANY HOLDER OF A SECURITY INTER-
EST IN A MANUFACTURED HOME PERFECTED AS PROVIDED IN  SECTION  TWENTY-ONE
HUNDRED  EIGHTEEN  OF  THE VEHICLE AND TRAFFIC LAW, UNLESS AND UNTIL THE
DUE FILING WITH AND ACCEPTANCE BY THE COMMISSIONER OF MOTOR VEHICLES  OF
AN  APPLICATION  TO  SURRENDER  THE  TITLE  AND A RELEASE OF ANY LIEN AS
PROVIDED IN SECTION TWENTY-ONE HUNDRED TWENTY-ONE  OF  THE  VEHICLE  AND
TRAFFIC  LAW.  UPON  THE FILING OF SUCH A RELEASE, THE SECURITY INTEREST
CREATED UNDER THE VEHICLE AND TRAFFIC LAW TERMINATES.  THE RECORDING  OF
AN  AFFIDAVIT  OF  AFFIXATION  DOES NOT CHANGE THE CHARACTER OF THE LIEN
NOTED ON A CERTIFICATE OF TITLE, AND NO MORTGAGE RECORDING TAX SHALL  BE
IMPOSED AT THE TIME AN AFFIDAVIT OF AFFIXATION IS RECORDED UPON ANY LIEN
UPON A MANUFACTURED HOME CREATED UNDER THE VEHICLE AND TRAFFIC LAW.
  5.  NOTICE TO COMMISSIONER OF MOTOR VEHICLES.  UPON THE PAYMENT OF THE
FEES PROVIDED BY LAW AND RECORDATION OF THE AFFIDAVIT OF  AFFIXATION  OR
AFFIDAVIT  OF SEVERANCE, THE RECORDING OFFICER SHALL ENDORSE THE AFFIDA-
VIT AS "RECORDED IN LAND RECORDS", SETTING FORTH  THEREON  THE  INDEXING
INFORMATION  FOR  THE AFFIDAVIT OF AFFIXATION OR THE AFFIDAVIT OF SEVER-
ANCE AND THE RECORDING OFFICER SHALL FORTHWITH FORWARD A CERTIFIED  COPY
OF  THE  AFFIDAVIT  OF  AFFIXATION  OR THE AFFIDAVIT OF SEVERANCE TO THE
PERSON DESIGNATED THEREIN FOR FILING  WITH  THE  COMMISSIONER  OF  MOTOR
VEHICLES.
  6.  EFFECT  OF  RECORDED AFFIDAVIT OF AFFIXATION.  A MANUFACTURED HOME
SHALL BE DEEMED TO BE PERMANENTLY AFFIXED TO  AND  INTEGRATED  WITH  THE
REAL PROPERTY, WHEN ALL OF THE FOLLOWING EVENTS HAVE OCCURRED:
  (A)  AN  AFFIDAVIT  OF  AFFIXATION  CONFORMING  TO THE REQUIREMENTS OF
SUBDIVISION THREE OF THIS SECTION HAS BEEN DULY RECORDED;
  (B) A CERTIFIED COPY OF THE AFFIDAVIT OF  AFFIXATION  AS  PROVIDED  IN
SUBDIVISION  FIVE  OF  THIS  SECTION IS DELIVERED TO THE COMMISSIONER OF
MOTOR VEHICLES; AND
  (C) IF THE MANUFACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, THE
REQUIREMENTS OF SECTION TWENTY-ONE HUNDRED SEVENTEEN-A  OF  THE  VEHICLE
AND TRAFFIC LAW ARE SATISFIED.
  7.  CONVEYANCE  AND  ENCUMBRANCE AS REAL PROPERTY.   THE PROVISIONS OF
THIS SUBDIVISION SHALL APPLY IMMEDIATELY UPON THE  SATISFACTION  OF  THE
REQUIREMENTS  OF  SUBDIVISION  SIX  OF THIS SECTION. A MANUFACTURED HOME
SHALL BE DEEMED TO BE PERMANENTLY AFFIXED TO THE REAL PROPERTY, AND  ANY
MORTGAGE  LIEN  OR SECURITY INTEREST WHICH CAN ATTACH TO LAND, BUILDINGS
ERECTED THEREON OR FIXTURES AFFIXED THERETO, SHALL ATTACH  IN  THE  SAME
MANNER  AS  IF THE MANUFACTURED HOME WAS BUILT ON SITE, AND TITLE TO THE
MANUFACTURED HOME FOR WHICH AN AFFIDAVIT OF AFFIXATION HAS BEEN RECORDED
MAY BE TRANSFERRED BY DEED OR OTHER FORM OF CONVEYANCE THAT IS EFFECTIVE
TO TRANSFER AN INTEREST IN REAL PROPERTY,  TOGETHER  WITH  THE  LAND  TO
WHICH SUCH STRUCTURE HAS BEEN AFFIXED AND THE MANUFACTURED HOME SHALL BE
DEEMED  TO BE REAL PROPERTY AND SHALL BE GOVERNED BY THE LAWS APPLICABLE
THERETO.

S. 520                             12                             A. 397

  8. MANUFACTURED HOMES THAT REMAIN  PERSONAL  PROPERTY  OR  A  FIXTURE.
EXCEPT  AS  PROVIDED  IN SUBDIVISIONS THREE, FIVE, SIX AND SEVEN OF THIS
SECTION, AN AFFIDAVIT OF AFFIXATION IS NOT  NECESSARY  OR  EFFECTIVE  TO
CONVEY  OR  ENCUMBER A MANUFACTURED HOME.  EVERY CONVEYANCE OF LAND UPON
WHICH  IS  LOCATED A MANUFACTURED HOME WHICH IS COVERED BY A CERTIFICATE
OF TITLE ISSUED PURSUANT TO ARTICLE FORTY-SIX OF THE VEHICLE AND TRAFFIC
LAW, AND FOR WHICH NO AFFIDAVIT OF AFFIXATION HAS BEEN  RECORDED,  SHALL
CONTAIN A RECITAL THAT SUCH CONVEYANCE DOES NOT AFFECT THE TITLE TO SAID
MANUFACTURED  HOME AND THAT THE TRANSFER OR ENCUMBRANCE THEREOF CAN ONLY
BE MADE PURSUANT TO THE PROVISIONS OF THE VEHICLE AND TRAFFIC  LAW.  ANY
AGREEMENT  BY  ANY  PARTY TO THE TRANSACTION WHEREBY THE REQUIREMENTS OF
THIS SUBDIVISION ARE WAIVED SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
  9. AFFIDAVIT OF SEVERANCE.  (A) IF AND WHEN A  MANUFACTURED  HOME  FOR
WHICH  AN  AFFIDAVIT  OF  AFFIXATION HAS   BEEN RECORDED, IS DETACHED OR
SEVERED FROM THE REAL PROPERTY WHERE IT IS AFFIXED, ANY PERSON HAVING AN
INTEREST IN THE REAL PROPERTY MAY RECORD AN AFFIDAVIT  OF  SEVERANCE  IN
THE  LAND  RECORDS  OF THE COUNTY WHERE THE AFFIDAVIT OF AFFIXATION WITH
RESPECT TO THE HOME  IS  RECORDED.  THE  AFFIDAVIT  OF  SEVERANCE  SHALL
CONTAIN OR BE ACCOMPANIED BY:
  (I)  THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER OF THE MANU-
FACTURED HOME;
  (II) A DESCRIPTION OF THE MANUFACTURED HOME INCLUDING, SO FAR  AS  THE
FOLLOWING DATA EXISTS: THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
NAME,  THE  MODEL  YEAR,  THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION
NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND  WHETHER  IT  IS  NEW  OR
USED;
  (III)  A STATEMENT OF BOOK NUMBER, PAGE NUMBER AND DATE OF RECORDATION
OF THE AFFIDAVIT OF AFFIXATION;
  (IV) A STATEMENT OF EITHER, (A) ANY FACTS OR INFORMATION KNOWN TO  THE
AFFIANT  THAT  COULD  REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
MANUFACTURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTER-
ESTS  IN  IT,  OR (B) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO THE
AFFIANT;
  (V) A SWORN DECLARATION BY AN ATTORNEY-AT-LAW, DULY ADMITTED TO  PRAC-
TICE  IN  THE  COURTS OF THE STATE OF NEW YORK, OR AN AGENT OF THE TITLE
INSURANCE COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE  IN
THE  STATE  OF  NEW YORK THAT THE MANUFACTURED HOME IS FREE AND CLEAR OF
ALL LIENS AND ENCUMBRANCES, AND (A) ANY FACTS OR  INFORMATION  KNOWN  TO
HIM OR HER THAT COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
MANUFACTURED  HOME  OR THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTER-
ESTS IN IT; OR (B) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO HIM OR
HER; AND
  (VI) THE NAME AND ADDRESS OF THE PERSON DESIGNATED FOR  RECORDING  THE
AFFIDAVIT  OF SEVERANCE WITH THE COMMISSIONER OF MOTOR VEHICLES, TO WHOM
THE RECORDING OFFICER SHALL DELIVER THE AFFIDAVIT OF SEVERANCE AFTER  IT
HAS BEEN DULY RECORDED IN THE REAL PROPERTY RECORDS, AS PROVIDED IN THIS
SECTION.
  (B) THE AFFIDAVIT OF SEVERANCE SHALL BE IN THE FORM SET FORTH IN PARA-
GRAPH (C) OF THIS SUBDIVISION DULY ACKNOWLEDGED OR PROVED IN LIKE MANNER
AS  TO  ENTITLE  A CONVEYANCE TO BE RECORDED AND WHEN SO ACKNOWLEDGED OR
PROVED, UPON PAYMENT OF THE LAWFUL FEES THEREFOR, SUCH RECORDING OFFICER
SHALL IMMEDIATELY CAUSE THE AFFIDAVIT AND ANY ATTACHMENTS THERETO, TO BE
DULY RECORDED AND INDEXED IN THE RECORD OF DEEDS.
  (C) THE AFFIDAVIT OF SEVERANCE SHALL CONFORM TO  THE  REQUIREMENTS  OF
THIS  SECTION.  AN AFFIDAVIT OF SEVERANCE IN SUBSTANTIALLY THE FOLLOWING
FORM SHALL BE DEEMED TO BE IN COMPLIANCE:

S. 520                             13                             A. 397

                            MANUFACTURED HOME
                         AFFIDAVIT OF SEVERANCE

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

BEFORE  ME,  THE  UNDERSIGNED  NOTARY  PUBLIC,  ON  THIS  DAY PERSONALLY
APPEARED

____________________________
HOMEOWNER #1

____________________________
HOMEOWNER #2

____________________________
HOMEOWNER #3

____________________________
HOMEOWNER #4

      {TYPE THE NAME(S) OF EACH HOMEOWNER SIGNING THIS AFFIDAVIT}:

KNOWN TO ME TO BE THE PERSON(S) WHOSE NAME(S)  IS/ARE  SUBSCRIBED  BELOW
(EACH A "HOMEOWNER"), AND WHO, BEING BY ME FIRST DULY SWORN, DID EACH ON
HIS OR HER OATH STATE AS FOLLOWS:

1.  THE HOMEOWNER(S) RESIDE AT THE FOLLOWING ADDRESS:

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

MAILING ADDRESS, IF DIFFERENT:

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

2.  HOMEOWNER OWNS THE MANUFACTURED HOME ("HOME") DESCRIBED AS FOLLOWS:

________________________________________________________________________
NEW/USED  YEAR  MANUFACTURER'S  MODEL NAME  MANUFACTURER'S  LENGTH/WIDTH
                     NAME        AND MODEL    SERIAL NO.
                                    NO.

3.  THE HOME IS OR WAS LOCATED AT THE FOLLOWING "PROPERTY ADDRESS":

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

4.  THE LEGAL DESCRIPTION OF THE REAL PROPERTY FROM WHICH THE HOME IS OR
    WILL BE SEVERED ("LAND") IS:

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

S. 520                             14                             A. 397

________________________________________________________________________

5.  AN AFFIDAVIT OF AFFIXATION WAS DULY RECORDED IN THE BOOK OF DEEDS OF
    _____________ COUNTY ON _____________, IN BOOK NUMBER ______ AT PAGE
    NUMBER ______.

6.  THE  HOME  IS  SUBJECT  TO THE FOLLOWING SECURITY INTERESTS (EACH, A
    "SECURITY INTEREST"):

    NAME OF LIENHOLDER:              NAME OF LIENHOLDER:

    ADDRESS:                         ADDRESS:

    ORIGINAL PRINCIPAL               ORIGINAL PRINCIPAL
    AMOUNT SECURED:                  AMOUNT SECURED:

7.  OTHER THAN THOSE DISCLOSED IN THIS AFFIDAVIT, THE HOMEOWNER  IS  NOT
    AWARE  OF  (I)  ANY  OTHER  CLAIM, LIEN OR ENCUMBRANCE AFFECTING THE
    HOME, (II) ANY FACTS OR INFORMATION  KNOWN  TO  THE  APPLICANT  THAT
    COULD  REASONABLY  AFFECT  THE VALIDITY OF THE TITLE OF THE MANUFAC-
    TURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTERESTS
    IN IT.

8.  THE SWORN STATEMENT OF AN ATTORNEY AT LAW, DULY ADMITTED TO PRACTICE
    IN  THE  COURTS  OF  THE  STATE  OF NEW YORK, OR AN AGENT OF A TITLE
    INSURANCE COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE
    IN THE STATE OF NEW YORK IS  ATTACHED  ("SEVERANCE  CERTIFICATION").
    THE  SEVERANCE  CERTIFICATION  STATES  THAT THE MANUFACTURED HOME IS
    FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, AND (A) ANY  FACTS  OR
    INFORMATION  KNOWN  TO HIM THAT COULD REASONABLY AFFECT THE VALIDITY
    OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-EXIS-
    TENCE  OF  SECURITY  INTERESTS  IN  IT; OR (B) THAT NO SUCH FACTS OR
    INFORMATION ARE KNOWN TO HIM.

9.  THE HOMEOWNER DESIGNATES THE FOLLOWING PERSON TO RECORD  THIS  MANU-
    FACTURED HOME AFFIDAVIT OF SEVERANCE AND UPON ITS RECORDING IT SHALL
    BE  RETURNED  BY  THE RECORDING OFFICER IN THE REAL PROPERTY RECORDS
    WHERE THE HOME IS TO BE LOCATED TO SAME:

    NAME:

    ADDRESS:

10. THIS AFFIDAVIT IS EXECUTED BY HOMEOWNER(S)  PURSUANT  TO  APPLICABLE
    STATE LAW.

IN WITNESS WHEREOF, HOMEOWNER(S) HAS EXECUTED THIS AFFIDAVIT IN MY PRES-
ENCE AND IN THE PRESENCE OF THE UNDERSIGNED WITNESSES ON THIS __________
DAY OF ____________, ______.

____________________________ (SEAL)     ________________________________
HOMEOWNER #1                            WITNESS

____________________________
PRINTED NAME

S. 520                             15                             A. 397

____________________________ (SEAL)     ________________________________
HOMEOWNER #2                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #3                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #4                            WITNESS

____________________________
PRINTED NAME

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

  ON  THE __________ DAY OF __________ IN THE YEAR ______ BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY  APPEARED
_______________________________________________________________________,
PERSONALLY KNOWN TO ME OR PROVED TO ME  ON  THE  BASIS  OF  SATISFACTORY
EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS(ARE) SUBSCRIBED TO THE
WITHIN  INSTRUMENT  AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE
SAME  IN  HIS/HER/THEIR  CAPACITY(IES),  AND   THAT   BY   HIS/HER/THEIR
SIGNATURE(S)  ON  THE  INSTRUMENT,  THE  INDIVIDUAL(S), OR THE PERSON ON
BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT.

________________________________________
NOTARY SIGNATURE

________________________________________
NOTARY PRINTED NAME

NOTARY PUBLIC; STATE OF ________________
QUALIFIED IN THE COUNTY OF _____________
MY COMMISSION EXPIRES: _________________

OFFICIAL SEAL:

ATTENTION COUNTY CLERK: THIS INSTRUMENT COVERS FIXTURES THAT ARE OR  ARE
TO  BE SEVERED FROM THE PROPERTY DESCRIBED HEREIN AND IS TO BE FILED FOR
RECORD IN THE RECORDS WHERE CONVEYANCES OF REAL ESTATE ARE RECORDED.
  (D)  THE  FEE  FOR  RECORDING  AN  AFFIDAVIT  OF  SEVERANCE  SHALL  BE
TWENTY-FIVE DOLLARS.
  10.  DOCUMENTS HELD IN TRUST.  THE ORIGINAL MANUFACTURER'S CERTIFICATE
OF ORIGIN, OR ANY LIEN RELEASE DOCUMENTS MAY BE DELIVERED TO ANY  PERSON
TO FACILITATE CONVEYING OR ENCUMBERING THE MANUFACTURED HOME. ANY PERSON
RECEIVING  ANY  SUCH DOCUMENTS SO DELIVERED HOLDS THE DOCUMENTS IN TRUST
FOR THAT LIENHOLDER.
  11. DAMAGES FOR FAILURE TO COMPLY WITH THIS  SECTION.    EACH  PERSON,
OTHER  THAN  A COUNTY CLERK OR THE COMMISSIONER OF MOTOR VEHICLES, KNOW-

S. 520                             16                             A. 397

INGLY AND WILLINGLY EXECUTING, RECORDING  OR  FILING  ANY  AFFIDAVIT  OF
AFFIXATION,  AFFIDAVIT  OF  SEVERANCE OR ANY LIEN RELEASE DOCUMENT WHICH
FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS  SECTION,  OR  STATES  ANY
FACT  FINALLY  DETERMINED  BY  A  COURT  OF COMPETENT JURISDICTION TO BE
UNTRUE, OR FAILS TO STATE ANY FACT, THE OMISSION  OF  WHICH  IS  FINALLY
DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE MATERIAL, SHALL BE
STRICTLY LIABLE, JOINTLY AND SEVERALLY, TO ANY PERSON DAMAGED THEREBY.
  S  11.  This act shall take effect January 1, 2016; provided, however,
that the commissioner of motor vehicles shall promulgate  any  rules  or
regulations  necessary  for  the timely implementation of this act on or
before such date.

S520A - Bill Details

See Assembly Version of this Bill:
A397
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Executive Law
Laws Affected:
Amd §372, Exec L; amd §§122-c, 2102, 2107, 2108, 2118, 2123 & 2124, add §§2117-a & 2117-b, V & T L; add §296-a, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S3520A, A9239
2011-2012: S3723A
2009-2010: S6081

S520A - Bill Texts

view summary

Relates to manufactured homes' certificate of title and the conveyance and encumbrance of manufactured homes as real property.

view sponsor memo
BILL NUMBER: S520A

TITLE OF BILL : An act to amend the executive law, the vehicle and
traffic law and the real property law, in relation to manufactured
home certificates of title, and the conveyance and encumbrance of
manufactured homes as real property

PURPOSE : This bill relates to manufactured homes certificate of
title and the conveyance and encumbrance of manufactured homes as real
property.

SUMMARY OF PROVISIONS :

Section 1-Subdivision 13 of section 372 of the executive law, as
amended by chapter 309 of the laws of 1996.

Section 2-Section 122-c of the vehicle and traffic law, as added b
chapter 322 of the laws of 1993.

Section 3-Paragraph 19 of subdivision (a) of section 2102 of the
vehicle and traffic law, as added by chapter 322 of the laws of 1993.

Section 4-Section 2107 of the vehicle and traffic law I amended by
adding six new subdivisions (d), (e), (f), (g), (h) and (i).

Section 5-Subdivision (e) of section 2108 of the vehicle and traffic
law, as added by chapter 322 of the laws of 1993.

Section 6-The vehicle and traffic law is amended by adding two new
sections 2117-a and 2117b.

Section 7-Subdivisions (d) and (e) of section 2118 of the vehicle and
traffic law, subdivision (d) as added by chapter 322 of the laws of
1993, subdivision (e) as amended by chapter 84 of the laws of 2001.

Section 8-Section 2123 of the vehicle and traffic law, as amended by
chapter 322 of the laws of 1993.

Section 9-Paragraph 2 of subdivision (a) of section 2124 of the
vehicle and traffic law, as added by chapter 322 of the laws of 1993.

Section 10-The real property law is amended by adding a new section
296-A.

Section 11-contains Effective Date.

JUSTIFICATION : A manufactured home owner tried to go to his bank to
obtain a reverse mortgage and was denied. The bank informed the owner
that because the manufactured home has a title through the Department
of Motor Vehicles, not a Deed, they would be unable to provide him
with a reverse mortgage. This bill would change the current law that
manufactured homes get titles. Although the home is manufactured, it
is unable to be moved and the owner, therefore, should received a deed
for the home, not a title.

LEGISLATIVE HISTORY : 2013-14 S.3520A/A.9239; 2011-12
S.3723A/A.5815A; 2009 S.6081/A.7689

FISCAL IMPLICATIONS : None

EFFECTIVE DATE : This act shall take effect January 1, 2017;
provided, however, that the commissioner of motor vehicles shall
promulgate any rules or regulations necessary for the timely
implementation of this act on or before such date.
view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 520--A                                              A. 397--A

                       2015-2016 Regular Sessions

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

                               (PREFILED)

                             January 7, 2015
                               ___________

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, PALUMBO -- read  once  and
  referred to the Committee on Judiciary -- recommitted to the Committee
  on  Judiciary  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, the vehicle and traffic law  and  the
  real  property  law,  in relation to manufactured home certificates of
  title, and the conveyance and encumbrance  of  manufactured  homes  as
  real property

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

  Section 1. Subdivision 13 of section 372  of  the  executive  law,  as
amended  by  chapter  309  of  the  laws  of 1996, is amended to read as
follows:
  13. "Mobile home" OR "MANUFACTURED HOME" means a [moveable or portable
unit designed and constructed to be towed on its own chassis,  comprised
of   frame   and  wheels,  connected  to  utilities,  and  designed  and
constructed without a permanent foundation for year-round living. A unit
may contain parts that may be folded, collapsed or telescoped when being
towed and expanded later to provide additional cubic capacity as well as
two or more separately towable components designed to be joined into one
integral unit capable of being again separated into the  components  for
repeated  towing.  "Mobile  home"  shall  mean units designed to be used

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02418-02-6

S. 520--A                           2                          A. 397--A

exclusively for residential purposes, excluding travel  trailers]  MANU-
FACTURED  HOME  AS DEFINED IN PARAGRAPH FIFTY-THREE OF SUBSECTION (A) OF
SECTION 9-102 OF THE UNIFORM COMMERCIAL CODE BUT DOES NOT INCLUDE RECRE-
ATIONAL  VEHICLES  (RVS) INCLUDING BUT NOT LIMITED TO MOTORHOMES, TRAVEL
TRAILERS, FIFTH-WHEEL TRAVEL TRAILERS, PARK MODEL  RVS,  TRUCK  CAMPERS,
AND FOLDING CAMPING TRAILERS.
  S 2. Section 122-c of the vehicle and traffic law, as added by chapter
322 of the laws of 1993, is amended to read as follows:
  S 122-c. Mobile  home or manufactured home. 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  permanent  chassis  and designed to be used as a dwelling with or
without a permanent foundation when connected to required utilities, and
includes the plumbing, heating, air-conditioning and electrical  systems
contained  therein.   NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF
11 USC S 1322(B)(2), A MANUFACTURED HOME SHALL  BE  DEEMED  TO  BE  REAL
PROPERTY.
  S  3.  Paragraph  19 of subdivision (a) of section 2102 of the vehicle
and traffic law, as added by chapter 322 of the laws of 1993, is amended
to read as follows:
  (19) A [mobile home or a] manufactured  home,  manufactured  prior  to
July  first, nineteen hundred ninety-four and designated by the manufac-
turer as being a nineteen hundred  ninety-four  or  earlier  model  year
[mobile  home or] manufactured home, [and] any [mobile home or] manufac-
tured home, manufactured or assembled prior to January  first,  nineteen
hundred  ninety-four  for  which  the  manufacturer has not designated a
model year, AND ANY "FACTORY MANUFACTURED HOME" AS DEFINED  IN  SUBDIVI-
SION EIGHT OF SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECUTIVE LAW.
  S  4. Section 2107 of the vehicle and traffic law is amended by adding
six new subdivisions (d), (e), (f), (g), (h) and (i) to read as follows:
  (D) THE COMMISSIONER SHALL NOT ISSUE A CERTIFICATE OF TITLE TO A MANU-
FACTURED HOME WITH RESPECT TO WHICH THERE HAS BEEN RECORDED AN AFFIDAVIT
OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A OF  THE  REAL
PROPERTY LAW.
  (E) THE COMMISSIONER SHALL FILE, UPON RECEIPT, EACH AFFIDAVIT OF AFFI-
XATION OR AFFIDAVIT OF SEVERANCE RELATING TO A MANUFACTURED HOME THAT IS
DELIVERED  IN  ACCORDANCE  WITH  SECTION TWO HUNDRED NINETY-SIX-A OF THE
REAL PROPERTY LAW, WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY.
  (F) THE COMMISSIONER SHALL MAINTAIN A  RECORD  OF  ALL  AFFIDAVITS  OF
AFFIXATION  HE  OR  SHE FILES IN ACCORDANCE WITH SUBDIVISION (E) OF THIS
SECTION. THE RECORD SHALL STATE THE NAME OF THE OWNER  OF  THE  MANUFAC-
TURED  HOME, THE COUNTY OF RECORDATION, THE DATE OF RECORDATION, AND THE
BOOK AND PAGE NUMBER OF EACH BOOK OF DEEDS WHERE THERE HAS BEEN RECORDED
AN AFFIDAVIT OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED  NINETY-SIX-A
OF  THE  REAL  PROPERTY  LAW  AND  THIS  ARTICLE, AND ANY OTHER DATA THE
COMMISSIONER PRESCRIBES.
  (G) THE COMMISSIONER SHALL FILE, UPON RECEIPT,  EACH  APPLICATION  FOR
SURRENDER  OF  THE  CERTIFICATE OF TITLE RELATING TO A MANUFACTURED HOME
THAT IS DELIVERED IN ACCORDANCE WITH SECTION TWENTY-ONE  HUNDRED  SEVEN-
TEEN-A  OF  THIS ARTICLE, WHEN SATISFIED AS TO ITS GENUINENESS AND REGU-
LARITY.
  (H) THE COMMISSIONER SHALL MAINTAIN A RECORD OF EACH MANUFACTURED HOME
CERTIFICATE OF TITLE THAT HE OR SHE ACCEPTS FOR SURRENDER AS PROVIDED IN
SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE. THE RECORD SHALL
STATE THE NAME OF THE OWNER OF  THE  MANUFACTURED  HOME,  THE  DATE  THE

S. 520--A                           3                          A. 397--A

CERTIFICATE  OF TITLE WAS ACCEPTED FOR SURRENDER, THE COUNTY OF RECORDA-
TION, THE DATE OF RECORDATION, AND THE BOOK AND PAGE NUMBER OF EACH BOOK
OF DEEDS WHERE THERE HAS BEEN RECORDED AN AFFIDAVIT OF AFFIXATION PURSU-
ANT  TO  SECTION  TWO  HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW AND
THIS ARTICLE, AND ANY OTHER DATA THE COMMISSIONER PRESCRIBES.
  (I) THE COMMISSIONER SHALL MAINTAIN A  RECORD  OF  EACH  AFFIDAVIT  OF
SEVERANCE  HE  OR  SHE  FILES IN ACCORDANCE WITH SUBDIVISION (E) OF THIS
SECTION. THE RECORD SHALL STATE THE NAME OF THE OWNER  OF  THE  MANUFAC-
TURED  HOME, THE COUNTY OF RECORDATION, THE DATE OF RECORDATION, AND THE
BOOK AND PAGE NUMBER OF EACH BOOK OF DEEDS WHERE THERE HAS BEEN RECORDED
AN AFFIDAVIT OF SEVERANCE PURSUANT TO SECTION TWO  HUNDRED  NINETY-SIX-A
OF   THE  REAL  PROPERTY  LAW,  AND  ANY  OTHER  DATA  THE  COMMISSIONER
PRESCRIBES.
  S 5. Subdivision (e) of section 2108 of the vehicle and  traffic  law,
as  added  by  chapter  322  of  the laws of 1993, is amended to read as
follows:
  (e) Notwithstanding any other provision of law, a certificate of title
to a vehicle which is a [mobile home or a] manufactured home  issued  by
the  commissioner  is prima facie evidence of the facts appearing on it,
notwithstanding the fact that such vehicle, at any time, in any  manner,
shall  have  become  [attached  to realty] AFFIXED IN ANY MANNER TO REAL
PROPERTY.
  S 6. The vehicle and traffic law is amended by adding two new sections
2117-a and 2117-b to read as follows:
  S 2117-A. SURRENDER OF TITLE TO A MANUFACTURED HOME. (A) THE OWNER  OR
OWNERS  OF A MANUFACTURED HOME THAT IS COVERED BY A CERTIFICATE OF TITLE
AND THAT IS PERMANENTLY AFFIXED TO REAL PROPERTY,  OR  WHICH  THE  OWNER
INTENDS TO PERMANENTLY AFFIX TO REAL PROPERTY, MAY SURRENDER THE CERTIF-
ICATE  OF  TITLE  TO THE MANUFACTURED HOME TO THE COMMISSIONER BY FILING
WITH THE COMMISSIONER AN APPLICATION FOR SURRENDER OF  TITLE  CONTAINING
OR ACCOMPANIED BY:
  (1) THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER;
  (2)  A  DESCRIPTION  OF THE MANUFACTURED HOME INCLUDING, SO FAR AS THE
FOLLOWING DATA EXISTS; THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
NAME, THE MODEL YEAR, THE DIMENSIONS,  AND  THE  VEHICLE  IDENTIFICATION
NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND WHETHER IT IS NEW OR USED
AND ANY OTHER INFORMATION THE COMMISSIONER REQUIRES;
  (3)  THE  DATE  OF PURCHASE BY APPLICANT OF THE MANUFACTURED HOME, THE
NAME AND ADDRESS OF THE PERSON FROM WHOM THE HOME WAS ACQUIRED  AND  THE
NAMES  AND  ADDRESSES  OF ANY LIENHOLDERS IN THE ORDER OF THEIR APPARENT
PRIORITY;
  (4) A STATEMENT SIGNED BY THE APPLICANT, STATING EITHER, (I) ANY FACTS
OR INFORMATION KNOWN TO THE APPLICANT THAT COULD REASONABLY  AFFECT  THE
VALIDITY  OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR NON-
EXISTENCE OF SECURITY INTERESTS IN IT; OR (II) THAT  NO  SUCH  FACTS  OR
INFORMATION ARE KNOWN TO THE APPLICANT;
  (5)  A  CERTIFIED  COPY  OF THE AFFIDAVIT OF AFFIXATION AS PROVIDED BY
SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW;
  (6) THE NAME AND MAILING ADDRESS OF EACH  PERSON  TO  RECEIVE  WRITTEN
ACKNOWLEDGMENT OF SURRENDER FROM THE COMMISSIONER; AND
  (7)  ANY  OTHER  INFORMATION AND DOCUMENTS THE COMMISSIONER REASONABLY
REQUIRES TO IDENTIFY THE OWNER OF THE MANUFACTURED HOME  AND  TO  ENABLE
HIM  OR  HER TO DETERMINE WHETHER THE OWNER IS ENTITLED TO SURRENDER THE
CERTIFICATE OF TITLE AND THE  EXISTENCE  OR  NON-EXISTENCE  OF  SECURITY
INTERESTS IN THE MANUFACTURED HOME.

S. 520--A                           4                          A. 397--A

  (B)  THE  COMMISSIONER SHALL NOT ACCEPT FOR SURRENDER A CERTIFICATE OF
TITLE TO A MANUFACTURED HOME UNLESS AND  UNTIL  ANY  LIENS  PURSUANT  TO
SECTION  TWENTY-ONE  HUNDRED  FIVE-A  OF  THIS  ARTICLE AND ANY SECURITY
INTERESTS PURSUANT TO SECTIONS TWENTY-ONE HUNDRED SEVEN  AND  TWENTY-ONE
HUNDRED EIGHTEEN OF THIS ARTICLE HAVE BEEN RELEASED.
  (C) WHEN SATISFIED AS TO THE GENUINENESS AND REGULARITY OF THE SURREN-
DER  OF A CERTIFICATE OF TITLE TO A MANUFACTURED HOME AND UPON SATISFAC-
TION OF THE REQUIREMENTS OF SUBDIVISIONS (A) AND (B)  OF  THIS  SECTION,
THE COMMISSIONER SHALL CANCEL THE CERTIFICATE OF TITLE AND UPDATE HIS OR
HER  RECORDS  IN  ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS (G) AND
(H) OF SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTICLE.
  (D) UPON SATISFACTION OF THE REQUIREMENTS OF THIS SECTION  A  MANUFAC-
TURED  HOME  SHALL BE CONVEYED AND ENCUMBERED AS PROVIDED IN SUBDIVISION
SEVEN OF SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW.
  (E) UPON WRITTEN  REQUEST,  THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
ACKNOWLEDGMENT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  S  2117-B. APPLICATION TO REINSTATE CERTIFICATE OF TITLE TO A MANUFAC-
TURED HOME. (A) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHERE  A
MANUFACTURED  HOME HAS BEEN PERMANENTLY AFFIXED TO REAL PROPERTY, AND AN
AFFIDAVIT OF AFFIXATION PURSUANT TO SECTION TWO HUNDRED NINETY-SIX-A  OF
THE  REAL  PROPERTY  LAW  HAS BEEN RECORDED AS PART OF THE REAL PROPERTY
RECORDS IN THE COUNTY IN WHICH THE MANUFACTURED  HOME  IS  LOCATED,  AND
WHERE THE MANUFACTURED HOME SUBSEQUENTLY IS DETACHED OR SEVERED FROM THE
REAL  PROPERTY,  THE  OWNER OR OWNERS MAY APPLY TO REINSTATE THE CERTIF-
ICATE OF TITLE BY FILING WITH THE COMMISSIONER AN APPLICATION  TO  REIN-
STATE  THE  CERTIFICATE  OF  TITLE  TO A MANUFACTURED HOME CONTAINING OR
ACCOMPANIED BY:
  (1) THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER;
  (2) A DESCRIPTION OF THE MANUFACTURED HOME INCLUDING, SO  FAR  AS  THE
FOLLOWING DATA EXISTS: THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
NAME,  THE  MODEL  YEAR,  THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION
NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND  WHETHER  IT  IS  NEW  OR
USED, AND ANY OTHER INFORMATION THE COMMISSIONER REQUIRES;
  (3) A STATEMENT SIGNED BY THE APPLICANT, STATING EITHER: (I) ANY FACTS
OR  INFORMATION  KNOWN TO THE APPLICANT THAT COULD REASONABLY AFFECT THE
VALIDITY OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-
EXISTENCE  OF  SECURITY  INTEREST  IN  IT; OR (II) THAT NO SUCH FACTS OR
INFORMATION ARE KNOWN TO THE APPLICANT;
  (4) A CERTIFIED COPY OF THE AFFIDAVIT  OF  SEVERANCE  AS  PROVIDED  BY
SECTION TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW;
  (5)  A SWORN DECLARATION BY AN ATTORNEY AT LAW, DULY ADMITTED TO PRAC-
TICE IN THE COURTS OF THE STATE OF NEW YORK, OR  AN  AGENT  OF  A  TITLE
INSURANCE  COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE IN
THE STATE OF NEW YORK, THAT THE MANUFACTURED HOME IS FREE AND  CLEAR  OF
ALL  LIENS  AND  ENCUMBRANCES, AND (I) ANY FACTS OR INFORMATION KNOWN TO
HIM OR HER THAT COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
MANUFACTURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTER-
ESTS  IN  IT; OR (II) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO HIM
OR HER; AND
  (6) ANY OTHER INFORMATION AND DOCUMENTS  THE  COMMISSIONER  REASONABLY
REQUIRES  TO  IDENTIFY THE MANUFACTURED HOME AND TO ENABLE HIM OR HER TO
DETERMINE WHETHER THE OWNER IS ENTITLED TO A CERTIFICATE  OF  TITLE  AND
THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTERESTS IN THE MANUFACTURED
HOME.
  (B)  WHEN SATISFIED AS TO ITS GENUINENESS AND REGULARITY OF THE APPLI-
CATION TO REINSTATE A CERTIFICATE OF TITLE TO A  MANUFACTURED  HOME  AND

S. 520--A                           5                          A. 397--A

UPON  SATISFACTION  OF  THE  REQUIREMENTS  OF  SUBDIVISION  (A)  OF THIS
SECTION, THE COMMISSIONER SHALL ISSUE A NEW CERTIFICATE OF TITLE  PURSU-
ANT  TO  SECTION TWENTY-ONE HUNDRED SEVEN OF THIS ARTICLE AND UPDATE HIS
OR  HER  RECORDS IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-ONE
HUNDRED SEVEN OF THIS ARTICLE.
  (C) UPON SATISFACTION OF THE REQUIREMENTS OF THIS SECTION  A  MANUFAC-
TURED HOME SHALL BE CONVEYED AND ENCUMBERED AS PERSONAL PROPERTY.
  S 7. Subdivisions (d) and (e) of section 2118 of the vehicle and traf-
fic  law,  subdivision  (d) as added by chapter 322 of the laws of 1993,
subdivision (e) as amended by chapter  84  of  the  laws  of  2001,  are
amended to read as follows:
  (d)  A  security interest noted on a certificate of title to a vehicle
which is a [mobile home or a] manufactured home shall have priority over
[any other] ALL subsequent liens or security interests except for  those
set  forth  in  subdivision (c) of section [two thousand one] TWENTY-ONE
hundred three of this article.
  (e) [After]  EXCEPT  AS  OTHERWISE  PROVIDED  IN  SECTIONS  TWENTY-ONE
HUNDRED  SEVENTEEN-A,  TWENTY-ONE  HUNDRED  SEVENTEEN-B  AND  TWENTY-ONE
HUNDRED  TWENTY-THREE  OF  THIS  ARTICLE,  AND   SECTION   TWO   HUNDRED
NINETY-SIX-A  OF THE REAL PROPERTY LAW, AFTER a certificate of title has
been issued [in this state] for a [vehicle which is a mobile home or  a]
manufactured home, and as long as the [vehicle which is a mobile home or
a]  manufactured  home  is  subject  to  any security interest perfected
pursuant to this section, the commissioner shall not FILE  AN  AFFIDAVIT
OF  AFFIXATION, NOR revoke the certificate of title, NOR ISSUE A CERTIF-
ICATE OF TITLE UNDER SUBDIVISION (A) OF SECTION TWENTY-ONE HUNDRED SEVEN
OF THIS ARTICLE, and, in any event, the validity  and  priority  of  any
security  interest  perfected  pursuant  to this section shall continue,
notwithstanding the provision of  any  other  law[,  including  but  not
limited  to  section  9--303 and section 9-313 of the uniform commercial
code].
  S 8. Section 2123 of the vehicle and traffic law, as amended by  chap-
ter 322 of the laws of 1993, is amended to read as follows:
  S 2123. Exclusiveness  of procedure. The method provided in this arti-
cle of perfecting and giving notice of  security  interests  subject  to
this  article  is  exclusive. Security interests subject to this article
are hereby exempted from the provisions of law which otherwise relate to
the perfection of security interests,  [including  but  not  limited  to
section  9-313  of  the uniform commercial code] PROVIDED, HOWEVER, THAT
WITH RESPECT TO A MANUFACTURED HOME  THAT  IS  OR  WILL  BE  PERMANENTLY
AFFIXED TO REAL PROPERTY, UPON RECORDATION OF AN AFFIDAVIT OF AFFIXATION
PURSUANT  TO  SECTION  TWO HUNDRED NINETY-SIX-A OF THE REAL PROPERTY LAW
AND SATISFACTION OF  THE  REQUIREMENTS  OF  SECTION  TWENTY-ONE  HUNDRED
SEVENTEEN-A OF THIS ARTICLE, ANY PERFECTION OR TERMINATION OF A SECURITY
INTEREST WITH RESPECT TO SUCH PERMANENTLY AFFIXED PROPERTY SHALL CONFORM
TO THE REQUIREMENTS OF ARTICLE NINE OF THE REAL PROPERTY LAW.
  S 9. Paragraph 2 of subdivision (a) of section 2124 of the vehicle and
traffic  law, as added by chapter 322 of the laws of 1993, is amended to
read as follows:
  (2) [Notwithstanding any other provision of law] EXCEPT AS PROVIDED IN
SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE, the commissioner
shall not suspend or revoke a certificate of title to a  [vehicle  which
is  a  mobile  home or] manufactured home by reason of the fact that, at
any time, in any manner, it shall have become attached to [realty]  REAL
PROPERTY.

S. 520--A                           6                          A. 397--A

  S  10.  The real property law is amended by adding a new section 296-a
to read as follows:
  S  296-A.  CONVEYANCE  AND  ENCUMBRANCE  OF MANUFACTURED HOMES AS REAL
PROPERTY. 1. MANUFACTURED HOME; PERMANENTLY AFFIXED  TO  REAL  PROPERTY.
FOR  PURPOSES  OF  THIS SECTION, THE TERM "MANUFACTURED HOME" SHALL HAVE
THE SAME  MEANING  AS  A  MANUFACTURED  HOME  AS  DEFINED  IN  PARAGRAPH
FIFTY-THREE OF SUBSECTION (A) OF SECTION 9-102 OF THE UNIFORM COMMERCIAL
CODE.  NOTWITHSTANDING  THE  FORGOING,  FOR  THE  PURPOSES  OF  11 USC S
1322(B)(2), A MANUFACTURED HOME SHALL BE DEEMED TO BE REAL PROPERTY. FOR
PURPOSES OF THIS SECTION, ARTICLE FORTY-SIX OF THE VEHICLE  AND  TRAFFIC
LAW, AND THE UNIFORM COMMERCIAL CODE, A MANUFACTURED HOME IS "PERMANENT-
LY AFFIXED" IF IT IS ANCHORED TO REAL PROPERTY BY ATTACHMENT TO A PERMA-
NENT  FOUNDATION,  CONSTRUCTED  IN  ACCORDANCE WITH APPLICABLE STATE AND
LOCAL BUILDING CODES  AND  MANUFACTURER'S  SPECIFICATIONS  IN  A  MANNER
SUFFICIENT  TO  VALIDATE  ANY  APPLICABLE  MANUFACTURER'S  WARRANTY, AND
CONNECTED TO A  RESIDENTIAL  UTILITY  (E.G.,  WATER,  GAS,  ELECTRICITY,
SEWER).
  2. RECORD NOTICE.  (A) TO CONVEY OR VOLUNTARILY ENCUMBER AS REAL PROP-
ERTY, A MANUFACTURED HOME, THE FOLLOWING CONDITIONS MUST BE MET:
  (I) THE MANUFACTURED HOME SHALL BE PERMANENTLY AFFIXED TO REAL PROPER-
TY; AND
  (II)  EACH  PERSON  HAVING  AN  OWNERSHIP  INTEREST IN SUCH HOME SHALL
EXECUTE AND RECORD WITH THE RECORDING OFFICER OF THE COUNTY IN WHICH THE
REAL PROPERTY IS LOCATED AN  AFFIDAVIT  OF  AFFIXATION  AS  PROVIDED  IN
SUBDIVISION  THREE  OF THIS SECTION, AND SATISFY THE APPLICABLE REQUIRE-
MENTS OF THIS SECTION.
  (B) UPON RECEIPT OF THE CERTIFIED COPY OF THE AFFIDAVIT OF  AFFIXATION
PURSUANT  TO  SUBDIVISION  FIVE  OF  THIS SECTION, ANY PERSON DESIGNATED
THEREIN FOR FILING WITH THE COMMISSIONER OF MOTOR  VEHICLES  SHALL  FILE
THE  AFFIDAVIT  OF AFFIXATION WITH SUCH COMMISSIONER; EXCEPT THAT IN THE
CASE WHERE THE HOME IS COVERED BY A CERTIFICATE  OF TITLE, THE CERTIFIED
AFFIDAVIT OF AFFIXATION SHALL BE FILED WITH THE  COMMISSIONER  OF  MOTOR
VEHICLES PURSUANT TO SECTION TWENTY-ONE HUNDRED SEVENTEEN-A OF THE VEHI-
CLE AND TRAFFIC LAW.
  3.  AFFIDAVIT  OF  AFFIXATION.    (A) AN AFFIDAVIT OF AFFIXATION SHALL
CONTAIN OR BE ACCOMPANIED BY:
  (I) THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL NAME, THE  MODEL
YEAR,  THE  DIMENSIONS, AND THE VEHICLE IDENTIFICATION NUMBER OR NUMBERS
OF THE MANUFACTURED HOME, AND WHETHER IT IS NEW OR USED;
  (II)(A) A STATEMENT THAT THE PARTY  EXECUTING  THE  AFFIDAVIT  IS  THE
OWNER OF THE REAL PROPERTY DESCRIBED THEREIN OR, (B) IF NOT THE OWNER OF
THE  REAL PROPERTY, (1) A STATEMENT THAT THE PARTY EXECUTING THE AFFIDA-
VIT IS IN POSSESSION OF THE REAL PROPERTY PURSUANT TO  THE  TERMS  OF  A
LEASE  IN RECORDABLE FORM, AND (2) THE CONSENT OF THE LESSOR OF THE REAL
PROPERTY SHALL BE ENDORSED UPON OR ATTACHED  TO  THE  AFFIDAVIT  AND  BE
ACKNOWLEDGED  OR  PROVED  IN THE MANNER AS TO ENTITLE A CONVEYANCE TO BE
RECORDED;
  (III) THE STREET ADDRESS AND THE LEGAL DESCRIPTION OF THE REAL PROPER-
TY UPON WHICH THE MANUFACTURED HOME IS OR WILL BE PERMANENTLY AFFIXED;
  (IV) AS APPLICABLE, (A) IF THE MANUFACTURED HOME IS NOT COVERED  BY  A
CERTIFICATE OF TITLE, A STATEMENT BY THE OWNER OR OWNERS TO THAT EFFECT;
AND
  (1) THE ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN FOR THE MANUFAC-
TURED  HOME,  DULY  ENDORSED  TO  THE  OWNER OF THE MANUFACTURED HOME; A
STATEMENT THAT ANNEXED TO THE AFFIDAVIT OF AFFIXATION  IS  THE  ORIGINAL

S. 520--A                           7                          A. 397--A

MANUFACTURER'S  CERTIFICATE  OF  ORIGIN  FOR THE MANUFACTURED HOME, DULY
ENDORSED TO THE OWNER OF THE MANUFACTURED HOME; OR
  (2)  A  STATEMENT THAT THE OWNER OR OWNERS OF THE HOME, AFTER DILIGENT
SEARCH AND INQUIRY, ARE UNABLE TO PRODUCE  THE  ORIGINAL  MANUFACTURER'S
CERTIFICATE OF ORIGIN FOR THE MANUFACTURED HOME;
  (B)  IF  THE MANUFACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, A
STATEMENT BY THE OWNER OR OWNERS OF THE MANUFACTURED HOME THAT THE MANU-
FACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, THE DATE  THE  TITLE
WAS  ISSUED, THE TITLE NUMBER, AND THAT THE OWNER OR OWNERS OF THE MANU-
FACTURED HOME SHALL SURRENDER THE TITLE; AND
  (C) A STATEMENT WHETHER OR NOT THE MANUFACTURED HOME IS SUBJECT TO ONE
OR MORE SECURITY INTERESTS; AND
  (1) IF THE MANUFACTURED HOME IS SUBJECT TO ONE OR MORE SECURITY INTER-
EST, THE NAME AND ADDRESS OF EACH PARTY HOLDING A SECURITY  INTEREST  IN
THE  MANUFACTURED HOME, INCLUDING BUT NOT LIMITED TO, THOSE SHOWN ON ANY
CERTIFICATE OF TITLE ISSUED BY THE COMMISSIONER OF  MOTOR  VEHICLES,  IF
ANY,  AND  THE ORIGINAL PRINCIPAL AMOUNT SECURED BY EACH SECURITY INTER-
EST; AND A STATEMENT THAT THE SECURITY INTEREST SHALL BE RELEASED; OR
  (2) A STATEMENT THAT EACH SECURITY INTEREST IN THE MANUFACTURED  HOME,
IF ANY, HAS BEEN RELEASED, TOGETHER WITH DUE PROOF OF EACH SUCH RELEASE,
IF ANY;
  (V)  A STATEMENT THAT THE MANUFACTURED HOME IS OR SHALL BE PERMANENTLY
AFFIXED TO THE REAL PROPERTY; AND
  (VI) THE NAME AND ADDRESS OF THE PERSON DESIGNATED FOR  RECORDING  THE
AFFIDAVIT OF AFFIXATION WITH THE COMMISSIONER OF MOTOR VEHICLES, TO WHOM
THE  RECORDING OFFICER SHALL RETURN THE AFFIDAVIT OF AFFIXATION AFTER IT
HAS BEEN DULY RECORDED IN THE REAL PROPERTY RECORDS, AS PROVIDED IN THIS
SECTION.
  (B) THE AFFIDAVIT OF AFFIXATION SHALL BE IN  THE  FORM  SET  FORTH  IN
PARAGRAPH  (C)  OF THIS SUBDIVISION, DULY ACKNOWLEDGED OR PROVED IN LIKE
MANNER AS TO ENTITLE A CONVEYANCE TO BE RECORDED AND  WHEN  SO  ACKNOWL-
EDGED  OR PROVED, UPON PAYMENT OF THE FEES THEREFOR, THE RECORDING OFFI-
CER SHALL IMMEDIATELY CAUSE THE AFFIDAVIT OF AFFIXATION AND ANY  ATTACH-
MENTS THERETO, TO BE DULY RECORDED AND INDEXED IN THE RECORD OF DEEDS.
  (C)  AN  AFFIDAVIT  OF AFFIXATION SHALL CONFORM TO THE REQUIREMENTS OF
THIS SUBDIVISION. AN AFFIDAVIT IN SUBSTANTIALLY THE FOLLOWING FORM SHALL
BE DEEMED TO BE IN COMPLIANCE:

                            MANUFACTURED HOME
                         AFFIDAVIT OF AFFIXATION

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

BEFORE ME,  THE  UNDERSIGNED  NOTARY  PUBLIC,  ON  THIS  DAY  PERSONALLY
APPEARED

      {TYPE THE NAME(S) OF EACH HOMEOWNER SIGNING THIS AFFIDAVIT}:

KNOWN  TO  ME  TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED BELOW
(EACH A "HOMEOWNER"), AND WHO, BEING BY ME FIRST DULY SWORN, DID EACH ON
HIS OR HER OATH STATE AS FOLLOWS:

1.  HOMEOWNER OWNS THE MANUFACTURED HOME ("HOME") DESCRIBED AS FOLLOWS:

S. 520--A                           8                          A. 397--A

________________________________________________________________________
NEW/USED  YEAR  MANUFACTURER'S  MODEL NAME  MANUFACTURER'S  LENGTH/WIDTH
                     NAME        AND MODEL    SERIAL NO.
                                    NO.

2.  THE  HOME WAS BUILT IN COMPLIANCE WITH THE FEDERAL MANUFACTURED HOME
    CONSTRUCTION AND SAFETY STANDARDS ACT.

3.  IF THE HOMEOWNER IS THE FIRST RETAIL BUYER OF THE HOME, HOMEOWNER IS
    IN RECEIPT OF (I) THE MANUFACTURER'S WARRANTY FOR THE HOME, (II) THE
    CONSUMER MANUAL FOR THE HOME, (III) THE  INSULATION  DISCLOSURE  FOR
    THE HOME, AND (IV) THE FORMALDEHYDE HEALTH NOTICE.

4.  THE HOME IS OR WILL BE LOCATED AT THE FOLLOWING "PROPERTY ADDRESS":

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

5.  THE LEGAL DESCRIPTION OF THE REAL PROPERTY WHERE THE HOME IS OR WILL
    BE PERMANENTLY AFFIXED ("LAND") IS:

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

6.  THE  HOMEOWNER  IS THE OWNER OF THE LAND OR, IF NOT THE OWNER OF THE
    LAND, IS IN POSSESSION OF THE REAL PROPERTY PURSUANT TO A  LEASE  IN
    RECORDABLE  FORM,  AND THE CONSENT OF THE LESSOR IS ATTACHED TO THIS
    AFFIDAVIT.

7.  THE HOME {__} IS {__} SHALL BE ANCHORED TO THE LAND BY ATTACHMENT TO
    A PERMANENT FOUNDATION, CONSTRUCTED IN  ACCORDANCE  WITH  APPLICABLE
    STATE  AND LOCAL BUILDING CODES AND MANUFACTURER'S SPECIFICATIONS IN
    A  MANNER  SUFFICIENT  TO  VALIDATE  ANY  APPLICABLE  MANUFACTURER'S
    WARRANTY,  AND CONNECTED TO A RESIDENTIAL UTILITY (E.G., WATER, GAS,
    ELECTRICITY, SEWER) ("PERMANENTLY AFFIXED").

8.  THE HOME SHALL BE ASSESSED AND TAXED AS AN IMPROVEMENT TO THE LAND.

9.  HOMEOWNER AGREES THAT AS OF TODAY, OR IF THE HOME IS NOT YET LOCATED
    AT THE PROPERTY ADDRESS, UPON THE DELIVERY OF THE HOME TO THE  PROP-
    ERTY ADDRESS:

    (A) ALL  PERMITS  REQUIRED  BY  GOVERNMENTAL  AUTHORITIES  HAVE BEEN
        OBTAINED;

    (B) THE FOUNDATION SYSTEM FOR THE HOME WAS DESIGNED BY  AN  ENGINEER
        TO MEET THE SOIL CONDITIONS OF THE PROPERTY ADDRESS. ALL FOUNDA-
        TIONS,  BOTH PERIMETER AND PIERS FOR THE HOME HAVE FOOTINGS THAT
        ARE LOCATED BELOW THE FROST LINE, AND WILL BE PLACED  WHERE  THE
        HOME MANUFACTURER RECOMMENDS. ALL FOUNDATIONS ARE CONSTRUCTED IN
        ACCORDANCE  WITH  APPLICABLE STATE AND LOCAL BUILDING CODES, AND
        MANUFACTURER'S SPECIFICATIONS IN A MANNER SUFFICIENT TO VALIDATE
        ANY APPLICABLE MANUFACTURER'S WARRANTY.

S. 520--A                           9                          A. 397--A

    (C) THE WHEELS, AXLES, TOWBAR OR HITCH WERE REMOVED  WHEN  THE  HOME
        WAS, OR WILL BE, PLACED ON THE PROPERTY ADDRESS;

    (D) THE  HOME  IS  (I) PERMANENTLY AFFIXED TO A FOUNDATION, (II) HAS
        THE CHARACTERISTICS OF SITE-BUILT HOUSING, AND (III) IS PART  OF
        THE LAND; AND

    (E) THE  HOME  IS  PERMANENTLY  CONNECTED TO A SEPTIC TANK OR SEWAGE
        SYSTEM AND  OTHER  UTILITIES  SUCH  AS  ELECTRICITY,  WATER  AND
        NATURAL GAS.

10. IF THE HOMEOWNER IS THE OWNER OF THE LAND, ANY CONVEYANCE OR FINANC-
    ING  OF  THE  HOME  AND THE LAND SHALL BE A SINGLE TRANSACTION UNDER
    APPLICABLE STATE LAW.

11. THE HOME IS SUBJECT TO THE FOLLOWING  SECURITY  INTERESTS  (EACH,  A
    "SECURITY INTEREST"):

    NAME OF LIENHOLDER:              NAME OF LIENHOLDER:

    ADDRESS:                         ADDRESS:

    ORIGINAL PRINCIPAL               ORIGINAL PRINCIPAL
    AMOUNT SECURED:                  AMOUNT SECURED:

12. OTHER  THAN  THOSE DISCLOSED IN THIS AFFIDAVIT, THE HOMEOWNER IS NOT
    AWARE OF (I) ANY OTHER CLAIM,  LIEN  OR  ENCUMBRANCE  AFFECTING  THE
    HOME,  (II)  ANY  FACTS  OR  INFORMATION KNOWN TO THE APPLICANT THAT
    COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE  OF  THE  MANUFAC-
    TURED  HOME  OR THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTERESTS
    IN IT.

13. A RELEASE OF LIEN FROM EACH OF THE LIENHOLDERS IDENTIFIED  IN  PARA-
    GRAPH  11 OF THIS AFFIDAVIT {__} HAS BEEN {__} SHALL BE DELIVERED TO
    THE COMMISSIONER OF MOTOR VEHICLES.

14. A HOMEOWNER SHALL INITIAL ONLY ONE OF THE FOLLOWING, AS  IT  APPLIES
    TO TITLE TO THE HOME:

    {__} THE  HOME  IS  NOT  COVERED  BY  A  CERTIFICATE OF TITLE.   THE
         ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN, DULY ENDORSED TO
         THE HOMEOWNER, IS ATTACHED TO THIS AFFIDAVIT.

    {__} THE HOME IS NOT COVERED BY A CERTIFICATE OF TITLE.  AFTER DILI-
         GENT SEARCH AND INQUIRY, THE HOMEOWNER IS UNABLE TO PRODUCE THE
         ORIGINAL MANUFACTURER'S CERTIFICATE OF ORIGIN.

    {__} THE HOME IS COVERED BY A CERTIFICATE OF TITLE ISSUED ON  ______
         OF __________, ______, TITLE NUMBER ______, WHICH THE HOMEOWNER
         SHALL SURRENDER.

    [__] THE  HOME  IS COVERED BY A CERTIFICATE OF TITLE. AFTER DILIGENT
         SEARCH AND INQUIRY, THE HOMEOWNER  IS  UNABLE  TO  PRODUCE  THE
         ORIGINAL CERTIFICATE OF TITLE.

S. 520--A                          10                          A. 397--A

15. THE  HOMEOWNER  DESIGNATES THE FOLLOWING PERSON TO RECORD THIS MANU-
    FACTURED HOME AFFIXATION AFFIDAVIT AND UPON ITS RECORDING  IT  SHALL
    BE  RETURNED  BY  THE RECORDING OFFICER IN THE REAL PROPERTY RECORDS
    WHERE THE HOME IS TO BE LOCATED TO SAME:

    NAME:

    ADDRESS:

16. THIS  AFFIDAVIT  IS  EXECUTED BY HOMEOWNER(S) PURSUANT TO APPLICABLE
    STATE LAW.

IN WITNESS WHEREOF, HOMEOWNER(S) HAS EXECUTED THIS AFFIDAVIT IN MY PRES-
ENCE AND IN THE PRESENCE OF THE UNDERSIGNED WITNESSES ON THIS __________
DAY OF __________, ______.

____________________________ (SEAL)     ________________________________
HOMEOWNER #1                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #2                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #3                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #4                            WITNESS

____________________________
PRINTED NAME

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

  ON THE __________ DAY OF __________ IN THE YEAR ______ BEFORE ME,  THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY  APPEARED
_______________________________________________________________________,
PERSONALLY  KNOWN  TO  ME  OR  PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS  (ARE)  SUBSCRIBED  TO
THE  WITHIN  INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED
THE SAME IN  HIS/HER/THEIR  CAPACITY(IES),  AND  THAT  BY  HIS/HER/THEIR
SIGNATURE(S)  ON  THE  INSTRUMENT,  THE  INDIVIDUAL(S), OR THE PERSON ON
BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT.

________________________________________

S. 520--A                          11                          A. 397--A

NOTARY SIGNATURE

________________________________________
NOTARY PRINTED NAME

NOTARY PUBLIC; STATE OF ________________
QUALIFIED IN THE COUNTY OF _____________
MY COMMISSION EXPIRES: _________________

OFFICIAL SEAL:

ATTENTION  COUNTY CLERK: THIS INSTRUMENT COVERS FIXTURES THAT ARE OR ARE
TO BE SEVERED FROM THE PROPERTY DESCRIBED HEREIN AND IS TO BE FILED  FOR
RECORD IN THE RECORDS WHERE CONVEYANCES OF REAL ESTATE ARE RECORDED.
  (D)  THE FEE FOR RECORDING AN AFFIDAVIT OF AFFIXATION SHALL BE TWENTY-
FIVE DOLLARS.
  4. DISPOSITION OF LIENS.  NEITHER THE ACT OF  PERMANENTLY  AFFIXING  A
MANUFACTURED  HOME  TO REAL PROPERTY, NOR THE RECORDING OF THE AFFIDAVIT
OF AFFIXATION SHALL IMPAIR THE RIGHTS OF ANY HOLDER OF A SECURITY INTER-
EST IN A MANUFACTURED HOME PERFECTED AS PROVIDED IN  SECTION  TWENTY-ONE
HUNDRED  EIGHTEEN  OF  THE VEHICLE AND TRAFFIC LAW, UNLESS AND UNTIL THE
DUE FILING WITH AND ACCEPTANCE BY THE COMMISSIONER OF MOTOR VEHICLES  OF
AN  APPLICATION  TO  SURRENDER  THE  TITLE  AND A RELEASE OF ANY LIEN AS
PROVIDED IN SECTION TWENTY-ONE HUNDRED TWENTY-ONE  OF  THE  VEHICLE  AND
TRAFFIC  LAW.  UPON  THE FILING OF SUCH A RELEASE, THE SECURITY INTEREST
CREATED UNDER THE VEHICLE AND TRAFFIC LAW TERMINATES.  THE RECORDING  OF
AN  AFFIDAVIT  OF  AFFIXATION  DOES NOT CHANGE THE CHARACTER OF THE LIEN
NOTED ON A CERTIFICATE OF TITLE, AND NO MORTGAGE RECORDING TAX SHALL  BE
IMPOSED AT THE TIME AN AFFIDAVIT OF AFFIXATION IS RECORDED UPON ANY LIEN
UPON A MANUFACTURED HOME CREATED UNDER THE VEHICLE AND TRAFFIC LAW.
  5.  NOTICE TO COMMISSIONER OF MOTOR VEHICLES.  UPON THE PAYMENT OF THE
FEES PROVIDED BY LAW AND RECORDATION OF THE AFFIDAVIT OF  AFFIXATION  OR
AFFIDAVIT  OF SEVERANCE, THE RECORDING OFFICER SHALL ENDORSE THE AFFIDA-
VIT AS "RECORDED IN LAND RECORDS", SETTING FORTH  THEREON  THE  INDEXING
INFORMATION  FOR  THE AFFIDAVIT OF AFFIXATION OR THE AFFIDAVIT OF SEVER-
ANCE AND THE RECORDING OFFICER SHALL FORTHWITH FORWARD A CERTIFIED  COPY
OF  THE  AFFIDAVIT  OF  AFFIXATION  OR THE AFFIDAVIT OF SEVERANCE TO THE
PERSON DESIGNATED THEREIN FOR FILING  WITH  THE  COMMISSIONER  OF  MOTOR
VEHICLES.
  6.  EFFECT  OF  RECORDED AFFIDAVIT OF AFFIXATION.  A MANUFACTURED HOME
SHALL BE DEEMED TO BE PERMANENTLY AFFIXED TO  AND  INTEGRATED  WITH  THE
REAL PROPERTY, WHEN ALL OF THE FOLLOWING EVENTS HAVE OCCURRED:
  (A)  AN  AFFIDAVIT  OF  AFFIXATION  CONFORMING  TO THE REQUIREMENTS OF
SUBDIVISION THREE OF THIS SECTION HAS BEEN DULY RECORDED;
  (B) A CERTIFIED COPY OF THE AFFIDAVIT OF  AFFIXATION  AS  PROVIDED  IN
SUBDIVISION  FIVE  OF  THIS  SECTION IS DELIVERED TO THE COMMISSIONER OF
MOTOR VEHICLES; AND
  (C) IF THE MANUFACTURED HOME IS COVERED BY A CERTIFICATE OF TITLE, THE
REQUIREMENTS OF SECTION TWENTY-ONE HUNDRED SEVENTEEN-A  OF  THE  VEHICLE
AND TRAFFIC LAW ARE SATISFIED.
  7.  CONVEYANCE  AND  ENCUMBRANCE AS REAL PROPERTY.   THE PROVISIONS OF
THIS SUBDIVISION SHALL APPLY IMMEDIATELY UPON THE  SATISFACTION  OF  THE
REQUIREMENTS  OF  SUBDIVISION  SIX  OF THIS SECTION. A MANUFACTURED HOME
SHALL BE DEEMED TO BE PERMANENTLY AFFIXED TO THE REAL PROPERTY, AND  ANY
MORTGAGE  LIEN  OR SECURITY INTEREST WHICH CAN ATTACH TO LAND, BUILDINGS
ERECTED THEREON OR FIXTURES AFFIXED THERETO, SHALL ATTACH  IN  THE  SAME

S. 520--A                          12                          A. 397--A

MANNER  AS  IF THE MANUFACTURED HOME WAS BUILT ON SITE, AND TITLE TO THE
MANUFACTURED HOME FOR WHICH AN AFFIDAVIT OF AFFIXATION HAS BEEN RECORDED
MAY BE TRANSFERRED BY DEED OR OTHER FORM OF CONVEYANCE THAT IS EFFECTIVE
TO  TRANSFER  AN  INTEREST  IN  REAL PROPERTY, TOGETHER WITH THE LAND TO
WHICH SUCH STRUCTURE HAS BEEN AFFIXED AND THE MANUFACTURED HOME SHALL BE
DEEMED TO BE REAL PROPERTY AND SHALL BE GOVERNED BY THE LAWS  APPLICABLE
THERETO.
  8.  MANUFACTURED  HOMES  THAT  REMAIN  PERSONAL PROPERTY OR A FIXTURE.
EXCEPT AS PROVIDED IN SUBDIVISIONS THREE, FIVE, SIX AND  SEVEN  OF  THIS
SECTION,  AN  AFFIDAVIT  OF  AFFIXATION IS NOT NECESSARY OR EFFECTIVE TO
CONVEY OR ENCUMBER A MANUFACTURED HOME.  EVERY CONVEYANCE OF  LAND  UPON
WHICH  IS  LOCATED A MANUFACTURED HOME WHICH IS COVERED BY A CERTIFICATE
OF TITLE ISSUED PURSUANT TO ARTICLE FORTY-SIX OF THE VEHICLE AND TRAFFIC
LAW, AND FOR WHICH NO AFFIDAVIT OF AFFIXATION HAS BEEN  RECORDED,  SHALL
CONTAIN A RECITAL THAT SUCH CONVEYANCE DOES NOT AFFECT THE TITLE TO SAID
MANUFACTURED  HOME AND THAT THE TRANSFER OR ENCUMBRANCE THEREOF CAN ONLY
BE MADE PURSUANT TO THE PROVISIONS OF THE VEHICLE AND TRAFFIC  LAW.  ANY
AGREEMENT  BY  ANY  PARTY TO THE TRANSACTION WHEREBY THE REQUIREMENTS OF
THIS SUBDIVISION ARE WAIVED SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
  9. AFFIDAVIT OF SEVERANCE.  (A) IF AND WHEN A  MANUFACTURED  HOME  FOR
WHICH  AN  AFFIDAVIT  OF  AFFIXATION HAS   BEEN RECORDED, IS DETACHED OR
SEVERED FROM THE REAL PROPERTY WHERE IT IS AFFIXED, ANY PERSON HAVING AN
INTEREST IN THE REAL PROPERTY MAY RECORD AN AFFIDAVIT  OF  SEVERANCE  IN
THE  LAND  RECORDS  OF THE COUNTY WHERE THE AFFIDAVIT OF AFFIXATION WITH
RESPECT TO THE HOME  IS  RECORDED.  THE  AFFIDAVIT  OF  SEVERANCE  SHALL
CONTAIN OR BE ACCOMPANIED BY:
  (I)  THE NAME, RESIDENCE AND MAILING ADDRESS OF THE OWNER OF THE MANU-
FACTURED HOME;
  (II) A DESCRIPTION OF THE MANUFACTURED HOME INCLUDING, SO FAR  AS  THE
FOLLOWING DATA EXISTS: THE NAME OF THE MANUFACTURER, THE MAKE, THE MODEL
NAME,  THE  MODEL  YEAR,  THE DIMENSIONS, AND THE VEHICLE IDENTIFICATION
NUMBER OR NUMBERS OF THE MANUFACTURED HOME AND  WHETHER  IT  IS  NEW  OR
USED;
  (III)  A STATEMENT OF BOOK NUMBER, PAGE NUMBER AND DATE OF RECORDATION
OF THE AFFIDAVIT OF AFFIXATION;
  (IV) A STATEMENT OF EITHER, (A) ANY FACTS OR INFORMATION KNOWN TO  THE
AFFIANT  THAT  COULD  REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
MANUFACTURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTER-
ESTS  IN  IT,  OR (B) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO THE
AFFIANT;
  (V) A SWORN DECLARATION BY AN ATTORNEY-AT-LAW, DULY ADMITTED TO  PRAC-
TICE  IN  THE  COURTS OF THE STATE OF NEW YORK, OR AN AGENT OF THE TITLE
INSURANCE COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE  IN
THE  STATE  OF  NEW YORK THAT THE MANUFACTURED HOME IS FREE AND CLEAR OF
ALL LIENS AND ENCUMBRANCES, AND (A) ANY FACTS OR  INFORMATION  KNOWN  TO
HIM OR HER THAT COULD REASONABLY AFFECT THE VALIDITY OF THE TITLE OF THE
MANUFACTURED  HOME  OR THE EXISTENCE OR NON-EXISTENCE OF SECURITY INTER-
ESTS IN IT; OR (B) THAT NO SUCH FACTS OR INFORMATION ARE KNOWN TO HIM OR
HER; AND
  (VI) THE NAME AND ADDRESS OF THE PERSON DESIGNATED FOR  RECORDING  THE
AFFIDAVIT  OF SEVERANCE WITH THE COMMISSIONER OF MOTOR VEHICLES, TO WHOM
THE RECORDING OFFICER SHALL DELIVER THE AFFIDAVIT OF SEVERANCE AFTER  IT
HAS BEEN DULY RECORDED IN THE REAL PROPERTY RECORDS, AS PROVIDED IN THIS
SECTION.
  (B) THE AFFIDAVIT OF SEVERANCE SHALL BE IN THE FORM SET FORTH IN PARA-
GRAPH (C) OF THIS SUBDIVISION DULY ACKNOWLEDGED OR PROVED IN LIKE MANNER

S. 520--A                          13                          A. 397--A

AS  TO  ENTITLE  A CONVEYANCE TO BE RECORDED AND WHEN SO ACKNOWLEDGED OR
PROVED, UPON PAYMENT OF THE LAWFUL FEES THEREFOR, SUCH RECORDING OFFICER
SHALL IMMEDIATELY CAUSE THE AFFIDAVIT AND ANY ATTACHMENTS THERETO, TO BE
DULY RECORDED AND INDEXED IN THE RECORD OF DEEDS.
  (C)  THE  AFFIDAVIT  OF SEVERANCE SHALL CONFORM TO THE REQUIREMENTS OF
THIS SECTION. AN AFFIDAVIT OF SEVERANCE IN SUBSTANTIALLY  THE  FOLLOWING
FORM SHALL BE DEEMED TO BE IN COMPLIANCE:

                            MANUFACTURED HOME
                         AFFIDAVIT OF SEVERANCE

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

BEFORE  ME,  THE  UNDERSIGNED  NOTARY  PUBLIC,  ON  THIS  DAY PERSONALLY
APPEARED

____________________________
HOMEOWNER #1

____________________________
HOMEOWNER #2

____________________________
HOMEOWNER #3

____________________________
HOMEOWNER #4

      {TYPE THE NAME(S) OF EACH HOMEOWNER SIGNING THIS AFFIDAVIT}:

KNOWN TO ME TO BE THE PERSON(S) WHOSE NAME(S)  IS/ARE  SUBSCRIBED  BELOW
(EACH A "HOMEOWNER"), AND WHO, BEING BY ME FIRST DULY SWORN, DID EACH ON
HIS OR HER OATH STATE AS FOLLOWS:

1.  THE HOMEOWNER(S) RESIDE AT THE FOLLOWING ADDRESS:

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

MAILING ADDRESS, IF DIFFERENT:

________________________________________________________________________
STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

2.  HOMEOWNER OWNS THE MANUFACTURED HOME ("HOME") DESCRIBED AS FOLLOWS:

________________________________________________________________________
NEW/USED  YEAR  MANUFACTURER'S  MODEL NAME  MANUFACTURER'S  LENGTH/WIDTH
                     NAME        AND MODEL    SERIAL NO.
                                    NO.

3.  THE HOME IS OR WAS LOCATED AT THE FOLLOWING "PROPERTY ADDRESS":

________________________________________________________________________

S. 520--A                          14                          A. 397--A

STREET OR ROUTE         CITY         COUNTY         STATE       ZIP CODE

4.  THE LEGAL DESCRIPTION OF THE REAL PROPERTY FROM WHICH THE HOME IS OR
    WILL BE SEVERED ("LAND") IS:

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

5.  AN AFFIDAVIT OF AFFIXATION WAS DULY RECORDED IN THE BOOK OF DEEDS OF
    _____________ COUNTY ON _____________, IN BOOK NUMBER ______ AT PAGE
    NUMBER ______.

6.  THE  HOME  IS  SUBJECT  TO THE FOLLOWING SECURITY INTERESTS (EACH, A
    "SECURITY INTEREST"):

    NAME OF LIENHOLDER:              NAME OF LIENHOLDER:

    ADDRESS:                         ADDRESS:

    ORIGINAL PRINCIPAL               ORIGINAL PRINCIPAL
    AMOUNT SECURED:                  AMOUNT SECURED:

7.  OTHER THAN THOSE DISCLOSED IN THIS AFFIDAVIT, THE HOMEOWNER  IS  NOT
    AWARE  OF  (I)  ANY  OTHER  CLAIM, LIEN OR ENCUMBRANCE AFFECTING THE
    HOME, (II) ANY FACTS OR INFORMATION  KNOWN  TO  THE  APPLICANT  THAT
    COULD  REASONABLY  AFFECT  THE VALIDITY OF THE TITLE OF THE MANUFAC-
    TURED HOME OR THE EXISTENCE OR NON-EXISTENCE OF  SECURITY  INTERESTS
    IN IT.

8.  THE SWORN STATEMENT OF AN ATTORNEY AT LAW, DULY ADMITTED TO PRACTICE
    IN  THE  COURTS  OF  THE  STATE  OF NEW YORK, OR AN AGENT OF A TITLE
    INSURANCE COMPANY DULY LICENSED TO ISSUE POLICIES OF TITLE INSURANCE
    IN THE STATE OF NEW YORK IS  ATTACHED  ("SEVERANCE  CERTIFICATION").
    THE  SEVERANCE  CERTIFICATION  STATES  THAT THE MANUFACTURED HOME IS
    FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, AND (A) ANY  FACTS  OR
    INFORMATION  KNOWN  TO HIM THAT COULD REASONABLY AFFECT THE VALIDITY
    OF THE TITLE OF THE MANUFACTURED HOME OR THE EXISTENCE OR  NON-EXIS-
    TENCE  OF  SECURITY  INTERESTS  IN  IT; OR (B) THAT NO SUCH FACTS OR
    INFORMATION ARE KNOWN TO HIM.

9.  THE HOMEOWNER DESIGNATES THE FOLLOWING PERSON TO RECORD  THIS  MANU-
    FACTURED HOME AFFIDAVIT OF SEVERANCE AND UPON ITS RECORDING IT SHALL
    BE  RETURNED  BY  THE RECORDING OFFICER IN THE REAL PROPERTY RECORDS
    WHERE THE HOME IS TO BE LOCATED TO SAME:

    NAME:

    ADDRESS:

10. THIS AFFIDAVIT IS EXECUTED BY HOMEOWNER(S)  PURSUANT  TO  APPLICABLE
    STATE LAW.

S. 520--A                          15                          A. 397--A

IN WITNESS WHEREOF, HOMEOWNER(S) HAS EXECUTED THIS AFFIDAVIT IN MY PRES-
ENCE AND IN THE PRESENCE OF THE UNDERSIGNED WITNESSES ON THIS __________
DAY OF ____________, ______.

____________________________ (SEAL)     ________________________________
HOMEOWNER #1                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #2                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #3                            WITNESS

____________________________
PRINTED NAME

____________________________ (SEAL)     ________________________________
HOMEOWNER #4                            WITNESS

____________________________
PRINTED NAME

STATE OF ___________________ )
                             ) SS.:
COUNTY OF __________________ )

  ON  THE __________ DAY OF __________ IN THE YEAR ______ BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY  APPEARED
_______________________________________________________________________,
PERSONALLY KNOWN TO ME OR PROVED TO ME  ON  THE  BASIS  OF  SATISFACTORY
EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS(ARE) SUBSCRIBED TO THE
WITHIN  INSTRUMENT  AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE
SAME  IN  HIS/HER/THEIR  CAPACITY(IES),  AND   THAT   BY   HIS/HER/THEIR
SIGNATURE(S)  ON  THE  INSTRUMENT,  THE  INDIVIDUAL(S), OR THE PERSON ON
BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT.

________________________________________
NOTARY SIGNATURE

________________________________________
NOTARY PRINTED NAME

NOTARY PUBLIC; STATE OF ________________
QUALIFIED IN THE COUNTY OF _____________
MY COMMISSION EXPIRES: _________________

OFFICIAL SEAL:

S. 520--A                          16                          A. 397--A

ATTENTION COUNTY CLERK: THIS INSTRUMENT COVERS FIXTURES THAT ARE OR  ARE
TO  BE SEVERED FROM THE PROPERTY DESCRIBED HEREIN AND IS TO BE FILED FOR
RECORD IN THE RECORDS WHERE CONVEYANCES OF REAL ESTATE ARE RECORDED.
  (D)  THE  FEE  FOR  RECORDING  AN  AFFIDAVIT  OF  SEVERANCE  SHALL  BE
TWENTY-FIVE DOLLARS.
  10. DOCUMENTS HELD IN TRUST.  THE ORIGINAL MANUFACTURER'S  CERTIFICATE
OF  ORIGIN, OR ANY LIEN RELEASE DOCUMENTS MAY BE DELIVERED TO ANY PERSON
TO FACILITATE CONVEYING OR ENCUMBERING THE MANUFACTURED HOME. ANY PERSON
RECEIVING ANY SUCH DOCUMENTS SO DELIVERED HOLDS THE DOCUMENTS  IN  TRUST
FOR THAT LIENHOLDER.
  11.  DAMAGES  FOR  FAILURE  TO COMPLY WITH THIS SECTION.  EACH PERSON,
OTHER THAN A COUNTY CLERK OR THE COMMISSIONER OF MOTOR  VEHICLES,  KNOW-
INGLY  AND  WILLINGLY  EXECUTING,  RECORDING  OR FILING ANY AFFIDAVIT OF
AFFIXATION, AFFIDAVIT OF SEVERANCE OR ANY LIEN  RELEASE  DOCUMENT  WHICH
FAILS  TO  COMPLY  WITH  THE REQUIREMENTS OF THIS SECTION, OR STATES ANY
FACT FINALLY DETERMINED BY A  COURT  OF  COMPETENT  JURISDICTION  TO  BE
UNTRUE,  OR  FAILS  TO  STATE ANY FACT, THE OMISSION OF WHICH IS FINALLY
DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE MATERIAL, SHALL BE
STRICTLY LIABLE, JOINTLY AND SEVERALLY, TO ANY PERSON DAMAGED THEREBY.
  S 11. This act shall take effect January 1, 2017;  provided,  however,
that  the  commissioner  of motor vehicles shall promulgate any rules or
regulations necessary for the timely implementation of this  act  on  or
before such date.

senate Bill S521

2015-2016 Legislative Session

Relates to the liability of the state university of New York upon exiting operations at the Long Island college hospital

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to higher education
Jan 07, 2015 referred to higher education

Co-Sponsors

S521 - Bill Details

Current Committee:
Senate Higher Education
Law Section:
Education
Versions Introduced in 2013-2014 Legislative Session:
S7263

S521 - Bill Texts

view summary

Relates to the liability of the state university of New York upon exiting operations at the Long Island college hospital.

view sponsor memo
BILL NUMBER: S521

TITLE OF BILL : An act in relation to the liability of the state
university at New York upon exiting operations at the Long Island
College Hospital

PURPOSE : To protect the State University of New York (SUNY) from
the post-sale liabilities of the Long Island College Hospital.

SUMMARY OF PROVISIONS :

Section 1. Would establish that SUNY would not be liable for any
financial obligations in excess of the sale proceeds of the Long
Island College Hospital. Any such liabilities would become liabilities
of the State.

Section 2. Provides for an immediate effective date.

JUSTIFICATION : The State University of New York Downstate Medical
Center acquired the Long Island College Hospital (LICH) in 2011 after
approval by the Attorney General, Director of Budget and State
Comptroller. Since its acquisition, LICH has lost as much as $13
million a month and accumulated liabilities approaching $500 million.
In February 2014, a court order approved a process by which SUNY could
sell LICH and exit operations on or after May 22, 2014. However, the
sale proceeds will not cover the full value of the financial
obligations for which SUNY is liable. If SUNY is to assume
responsibility for all of LICH's liabilities, it may have to
significantly reduce academic programs or increase tuition beyond the
amount permitted under SUNY 2020. This bill seeks to prevent that
occurrence and protect SUNY's various campuses and students - which
had no involvement in the acquisition of LICH - from unnecessary harm
by having the State assume a portion of LICH's liabilities.

LEGISLATIVE HISTORY : 2014 S.7263/A 9985.

FISCAL IMPLICATIONS : It is anticipated that liabilities in excess
of the sale proceeds could amount to $200-$250 million.

EFFECTIVE DATE : Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   521

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT in relation to the liability of the state university at New  York
  upon exiting operations at the Long Island College Hospital

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

  Section 1. 1. Notwithstanding the provisions of any law, rule or regu-
lation to the contrary, the state university of New York, including  all
of  the state university's constituent parts, upon exiting operations at
the Long Island College Hospital (LICH), shall not  be  liable  for  any
outstanding  financial obligations net of the proceeds received from the
sale of such hospital, provided  such  proceeds  are  distributed  in  a
manner  fully  consistent  with that of a settlement agreement providing
for the exit of operations at the LICH.
  2. Any liabilities in excess of proceeds derived from the sale of  the
LICH shall be considered a liability of the state. Liabilities in excess
of such sale proceeds shall be paid out of the state general fund pursu-
ant to appropriation.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01202-01-5

senate Bill S522

2015-2016 Legislative Session

Establishes the New York student affordable refinancing for tomorrow program (New START)

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2016 referred to higher education
delivered to assembly
passed senate
Jun 01, 2016 ordered to third reading cal.1203
committee discharged and committed to rules
May 17, 2016 reported and committed to finance
Feb 05, 2016 print number 522a
amend and recommit to higher education
Jan 06, 2016 referred to higher education
Jan 07, 2015 referred to higher education

Bill Amendments

S522
S522A
S522
S522A

S522 - Bill Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Add Art 14 Part VI §§694-c - 694-g, Ed L; add §99-w, St Fin L
Versions Introduced in 2013-2014 Legislative Session:
S7791

S522 - Bill Texts

view summary

Establishes the New York student affordable refinancing for tomorrow program (New START) for the purpose of relieving student debt by directly paying an eligible participant's loan debt to the lending institution or lender and providing a repayment plan whereby payments will be deposited in the fund.

view sponsor memo
BILL NUMBER: S522

TITLE OF BILL : An act to amend the education law and the state
finance law, in relation to establishing the New York student
affordable refinancing for tomorrow program (New START)

PURPOSE : To establish the New York student affordable refinancing
for tomorrow program (New Start), to authorize the State to pay a
certain amount of a student's education loan debt and establish a
mechanism for such student to pay back the State at a low interest
rate and based on such student's income.

SUMMARY OF PROVISIONS :

Section 1. Amends Article 14 of the education law to add five new
sections 694-c 694-g, to establish the New York Student Affordable
Refinancing for Tomorrow Program (New Start);

694-c provides definition;

694-d creates the New Start program;

694-e provides for program eligibility;

694-f provides for program details;

694-g provides for program repayment requirements.

Section 2. Amends the state finance law to establish the New York
State Affordable Refinancing for tomorrow fund.

Section 3. Provides for the effective date.

JUSTIFICATION : This bill establishes a program to help alleviate
the burden of student loan debt. Eligible students who attend SUNY or
CUNY and graduate with student loan debt would be able to apply to the
Higher Education Services Corporation to have the State pay the
students' private loan debt in a lump sum to the lender, in an amount
up to $35,000. The student would then pay back the State over time
based on their annual salary and ability pay.

Student loan debt has now surpassed credit card debt as the number one
source of debt in this country. It is becoming increasingly harder for
students and their families to afford a higher education. Many
families and students must take out private student loans in order to
attend college. Many private student loans have very high interest
rates that are difficult to pay back.

This bill would relieve student debt by directly paying an eligible
student's private student loan debt and establishing an affordable
repayment plan with low interest rates that would be based upon a
student's yearly income.

LEGISLATIVE HISTORY : 2014 S.7791

FISCAL IMPLICATIONS : To be determined and pursuant to
appropriation.

EFFECTIVE DATE : This act shall take effect on the 120th day after
it shall have become a law, provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date is authorized to be made and completed on or before
such date.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   522

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law and the state finance law, in relation
  to establishing the New York student affordable refinancing for tomor-
  row program (New START)

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

  Section  1. Article 14 of the education law is amended by adding a new
part VI to read as follows:
                                  PART VI
                 NEW YORK STUDENT AFFORDABLE REFINANCING
                    FOR TOMORROW PROGRAM (NEW START)
SECTION 694-C. DEFINITIONS.
        694-D. NEW YORK  STUDENT  AFFORDABLE  REFINANCING  FOR  TOMORROW
                 PROGRAM (NEW START)
        694-E. PROGRAM ELIGIBILITY.
        694-F. PROGRAM.
        694-G. REPAYMENT.
  S  694-C.  DEFINITIONS. FOR PURPOSES OF THIS PART, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:  1. "EDUCATION LOAN" SHALL  MEAN  ANY
STUDENT  LOAN  THAT  THE  STATE  REFINANCES  UNDER  THE PROGRAM THAT WAS
OBTAINED BY A BORROWER FOR THE PURPOSES  OF  ATTENDING  COLLEGE  AT  THE
STATE  UNIVERSITY  OF  NEW  YORK  OR  THE  CITY  UNIVERSITY OF NEW YORK,
PROVIDED, HOWEVER, THAT LOANS PROVIDED BY  THE  FEDERAL  GOVERNMENT,  OR
LOANS  PROVIDED AT AN INTEREST RATE AT OR LOWER THAN THE CURRENT FEDERAL
LOAN INTEREST RATE SHALL NOT  BE  ELIGIBLE  FOR  REFINANCING  UNDER  THE
PROGRAM.
  2.  "PARTICIPANT"  SHALL  MEAN  AN INDIVIDUAL WHO HAS INCURRED STUDENT
LOAN DEBT FROM A LENDING INSTITUTION OR LENDER  TO  COVER  THE  COST  OF
TUITION  AT  THE  STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03381-01-5

S. 522                              2

NEW YORK AND HAS APPLIED TO PARTICIPATE AND BEEN ACCEPTED TO PARTICIPATE
IN THE PROGRAM.
  3.  "LENDING  INSTITUTION"  OR "LENDER" SHALL MEAN ANY ENTITY THAT HAS
ITSELF OR THROUGH AN AFFILIATE PROVIDED STUDENT  LOANS  TO  AN  ELIGIBLE
PARTICIPANT.
  4.  "PROGRAM"  SHALL  MEAN THE NEW YORK STUDENT AFFORDABLE REFINANCING
FOR TOMORROW PROGRAM (NEW START).
  5. "FUND" SHALL MEAN THE NEW YORK AFFORDABLE REFINANCING FOR  TOMORROW
PROGRAM  FUND  ESTABLISHED  BY SECTION NINTY-NINE-W OF THE STATE FINANCE
LAW.
  S 694-D. NEW YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW  PROGRAM
(NEW  START).   THE NEW YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW
PROGRAM (NEW START) IS HEREBY ESTABLISHED FOR THE PURPOSES OF  RELIEVING
STUDENT  DEBT  BY DIRECTLY PAYING AN ELIGIBLE PARTICIPANT'S LOAN DEBT TO
THE LENDING INSTITUTION OR LENDER AND PROVIDING A REPAYMENT PLAN WHEREBY
PAYMENTS WILL BE DEPOSITED IN THE FUND.
  1. THE CORPORATION SHALL PROMULGATE  RULES  AND  REGULATIONS  FOR  THE
ADMINISTRATION OF THIS PROGRAM AND SHALL MANAGE THE FUND IN CONSULTATION
WITH THE OFFICE OF THE COMPTROLLER.
  2.  THE CORPORATION SHALL DETERMINE ADDITIONAL REQUIREMENTS FOR ELIGI-
BLE PARTICIPANTS, OTHER THAN THOSE  SPECIFIED  IN  SECTION  SIX  HUNDRED
NINETY-FOUR-E  OF  THIS  PART,  SHALL  SET A FIXED INTEREST RATE FOR THE
REPAYMENT OF REFINANCED LOANS, WHICH SHALL BE  LOWER  THAN  THE  AVERAGE
MARKET  RATE  FOR PRIVATE STUDENT LOANS, AND SHALL ESTABLISH AN APPLICA-
TION PROCESS FOR THE PROGRAM.
  3. THE CORPORATION SHALL DETERMINE APPROPRIATE PAYMENT  DEFERMENT  AND
FORBEARANCE OPTIONS FOR LOSS OF EMPLOYMENT OR EXTREME HARDSHIP.
  S  694-E.  PROGRAM  ELIGIBILITY.  1. TO BE ELIGIBLE FOR THIS PROGRAM A
PARTICIPANT MUST:
  A. HAVE GRADUATED FROM THE STATE UNIVERSITY OF NEW YORK  OR  THE  CITY
UNIVERSITY OF NEW YORK WITHIN FOUR YEARS, OR FIVE YEARS IF ENROLLED IN A
PROGRAM NORMALLY REQUIRING FIVE YEARS;
  B. HAVE GRADUATED WITH A GRADE POINT AVERAGE AT OR ABOVE 3.0;
  C. HAVE INCURRED STUDENT LOAN DEBT;
  D.  BE GAINFULLY EMPLOYED FOR AT LEAST THREE MONTHS PRIOR TO FILING AN
APPLICATION TO PARTICIPATE IN THE PROGRAM;
  E. AGREE TO SIGN A CONTRACT WITH THE CORPORATION  TO  ALLOW  A  DIRECT
WITHDRAWAL  OF  PAYMENTS FROM THEIR PAY CHECKS UNTIL THE DEBT OBLIGATION
IS PAID IN FULL; AND
  F. MUST APPLY FOR THE PROGRAM WITHIN TWO YEARS  AFTER  COLLEGE  GRADU-
ATION.
  S  694-F.  PROGRAM. 1. THE CORPORATION SHALL MAKE LUMP SUM PAYMENTS TO
LENDING INSTITUTIONS OR LENDERS TO PAY ELIGIBLE PARTICIPANTS'  EDUCATION
LOANS OUT OF THE FUNDS APPROPRIATED TO THE FUND FOR THE PURPOSES OF THIS
PROGRAM  IN  AMOUNTS  NOT  TO  EXCEED  THIRTY-FIVE  THOUSAND DOLLARS PER
PARTICIPANT.
  2. LOANS THAT THE PARTICIPANT ACQUIRED FROM THE FEDERAL GOVERNMENT  OR
THOSE LOANS THAT HAVE A FIXED INTEREST RATE PROVIDED AT AN INTEREST RATE
AT  OR  LOWER  THAN  THE CURRENT FEDERAL LOAN INTEREST RATE SHALL NOT BE
ELIGIBLE FOR ACQUISITION UNDER THE PROGRAM.
  S 694-G. REPAYMENT. 1. PARTICIPANTS SHALL REPAY THE TOTAL COST OF  THE
DEBT OBLIGATION TO THE FUND AT AN INTEREST RATE DETERMINED BY THE CORPO-
RATION ACCORDING TO THE FOLLOWING:
  A.  DURING  THE  FIRST FIVE YEARS OF PARTICIPATION IN THE PROGRAM, THE
PARTICIPANT SHALL PAY THREE PERCENT OF THE SALARY EARNED PER YEAR DURING
EACH OF THOSE YEARS;

S. 522                              3

  B. DURING THE NEXT FIVE YEARS OF PARTICIPATION  IN  THE  PROGRAM,  THE
PARTICIPANT  SHALL PAY FIVE PERCENT OF THE SALARY EARNED PER YEAR DURING
EACH OF THOSE YEARS;
  C.  DURING THE ELEVENTH YEAR OF PARTICIPATION AND EACH YEAR THEREAFTER
UNTIL THE DEBT OBLIGATION IS PAID IN FULL,  THE  PARTICIPANT  SHALL  PAY
EIGHT PERCENT OF THE SALARY EARNED PER YEAR DURING EACH OF THOSE YEARS.
  2.  THERE  SHALL  BE  NO  PRE-PAYMENT  PENALTIES UNDER THE PROGRAM AND
REPAYMENT SCHEDULES MAY BE CALCULATED AT A HIGHER  PERCENTAGE  RATE  PER
YEAR  OF  SALARY IF THE PARTICIPANT CHOOSES OR REQUESTS A FASTER RE-PAY-
MENT OPTION.
  S 2. The state finance law is amended by adding a new section 99-w  to
read as follows:
  S  99-W.  NEW YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW PROGRAM
FUND. 1. THERE IS HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE NEW  YORK
STATE  HIGHER  EDUCATION  SERVICES CORPORATION, IN CONSULTATION WITH THE
STATE COMPTROLLER, OR HIS OR HER DESIGNEE, A FUND TO BE KNOWN AS THE NEW
YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW PROGRAM FUND.
  2. ALL MONIES RECEIVED PURSUANT TO THE  NEW  YORK  STUDENT  AFFORDABLE
REFINANCING FOR TOMORROW PROGRAM (NEW START) SHALL BE DEPOSITED INTO THE
FUND  AND  SHALL  BE MANAGED PURSUANT TO PART SIX OF ARTICLE FOURTEEN OF
THE EDUCATION LAW.
  3. ALL NECESSARY RULES AND REGULATIONS  FOR  THE  SUCCESSFUL  ADMINIS-
TRATION,  INVESTMENT AND MANAGEMENT OF SUCH FUND SHALL BE PROMULGATED BY
SUCH CORPORATION, IN CONSULTATION WITH THE STATE COMPTROLLER, OR HIS  OR
HER DESIGNEE.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized to be made and completed on or before such date.

S522A - Bill Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Add Art 14 Part VI §§694-c - 694-g, Ed L; add §99-w, St Fin L
Versions Introduced in 2013-2014 Legislative Session:
S7791

S522A - Bill Texts

view summary

Establishes the New York student affordable refinancing for tomorrow program (New START) for the purpose of relieving student debt by directly paying an eligible participant's loan debt to the lending institution or lender and providing a repayment plan whereby payments will be deposited in the fund.

view sponsor memo
BILL NUMBER: S522A

TITLE OF BILL : An act to amend the education law and the state
finance law, in relation to establishing the New York student
affordable refinancing for tomorrow program (New START)

PURPOSE :

To establish the New York student affordable refinancing for tomorrow
program (New Start), to authorize the State to pay a certain amount of
a student's education loan debt and establish a mechanism for such
student to pay back the State at a low interest rate and based on such
student's income.

SUMMARY OF PROVISIONS :

Section 1. Amends Article 14 of the education law to add five new
sections 694-c 694-g, to establish the New York Student Affordable
Refinancing for Tomorrow Program (New Start);

694-c provides definition;
694-d creates the New Start program;
694-e provides for program eligibility;
694-f provides for program details;
694-g provides for program repayment requirements.

Section 2. Amends the state finance law to establish the New York
State Affordable Refinancing for tomorrow fund.

Section 3. Provides for the effective date.

JUSTIFICATION :

This bill establishes a program to help alleviate the burden of
student loan debt. Eligible students who attend SUNY or CUNY and
graduate with student loan debt would be able to apply to the Higher
Education Services Corporation to have the State pay the students'
private loan debt in a lump sum to the lender, in an amount up to
$35,000. The student would then pay back the State over time based on
their annual salary and ability pay.

Student loan debt has now surpassed credit card debt as the number one
source of debt in this country. It is becoming increasingly harder for
students and their families to afford a higher education. Many
families and students must take out private student loans in order to
attend college. Many private student loans have very high interest
rates that are difficult to pay back.

This bill would relieve student debt by directly paying an eligible
student's private student loan debt and establishing an affordable
repayment plan with low interest rates that would be based upon a
student's yearly income.

LEGISLATIVE HISTORY :

2014 S.7791

FISCAL IMPLICATIONS :

To be determined and pursuant to appropriation.

EFFECTIVE DATE :
This act shall take effect on the 120th day after it shall have become
a law, provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made and completed on or before such date.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 522--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education -- recom-
  mitted to the Committee on Higher Education in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law and the state finance law, in relation
  to establishing the New York student affordable refinancing for tomor-
  row program (New START)

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

  Section  1. Article 14 of the education law is amended by adding a new
part VI to read as follows:
                                  PART VI
                 NEW YORK STUDENT AFFORDABLE REFINANCING
                    FOR TOMORROW PROGRAM (NEW START)
SECTION 694-C. DEFINITIONS.
        694-D. NEW YORK  STUDENT  AFFORDABLE  REFINANCING  FOR  TOMORROW
                 PROGRAM (NEW START)
        694-E. PROGRAM ELIGIBILITY.
        694-F. PROGRAM.
        694-G. REPAYMENT.
  S  694-C.  DEFINITIONS. FOR PURPOSES OF THIS PART, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:  1. "EDUCATION LOAN" SHALL  MEAN  ANY
STUDENT  LOAN  THAT  THE  STATE  REFINANCES  UNDER  THE PROGRAM THAT WAS
OBTAINED BY A BORROWER FOR THE PURPOSES  OF  ATTENDING  COLLEGE  AT  THE
STATE  UNIVERSITY  OF  NEW  YORK  OR  THE  CITY  UNIVERSITY OF NEW YORK,
PROVIDED, HOWEVER, THAT LOANS PROVIDED BY  THE  FEDERAL  GOVERNMENT,  OR
LOANS  PROVIDED AT AN INTEREST RATE AT OR LOWER THAN THE CURRENT FEDERAL
LOAN INTEREST RATE SHALL NOT  BE  ELIGIBLE  FOR  REFINANCING  UNDER  THE
PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03381-02-6

S. 522--A                           2

  2.  "PARTICIPANT"  SHALL  MEAN  AN INDIVIDUAL WHO HAS INCURRED STUDENT
LOAN DEBT FROM A LENDING INSTITUTION OR LENDER  TO  COVER  THE  COST  OF
TUITION  AT  THE  STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF
NEW YORK AND HAS APPLIED TO PARTICIPATE AND BEEN ACCEPTED TO PARTICIPATE
IN THE PROGRAM.
  3.  "LENDING  INSTITUTION"  OR "LENDER" SHALL MEAN ANY ENTITY THAT HAS
ITSELF OR THROUGH AN AFFILIATE PROVIDED STUDENT  LOANS  TO  AN  ELIGIBLE
PARTICIPANT.
  4.  "PROGRAM"  SHALL  MEAN THE NEW YORK STUDENT AFFORDABLE REFINANCING
FOR TOMORROW PROGRAM (NEW START).
  5. "FUND" SHALL MEAN THE NEW YORK AFFORDABLE REFINANCING FOR  TOMORROW
PROGRAM  FUND  ESTABLISHED  BY SECTION NINTY-NINE-Y OF THE STATE FINANCE
LAW.
  S 694-D. NEW YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW  PROGRAM
(NEW  START).   THE NEW YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW
PROGRAM (NEW START) IS HEREBY ESTABLISHED FOR THE PURPOSES OF  RELIEVING
STUDENT  DEBT  BY DIRECTLY PAYING AN ELIGIBLE PARTICIPANT'S LOAN DEBT TO
THE LENDING INSTITUTION OR LENDER AND PROVIDING A REPAYMENT PLAN WHEREBY
PAYMENTS WILL BE DEPOSITED IN THE FUND.
  1. THE CORPORATION SHALL PROMULGATE  RULES  AND  REGULATIONS  FOR  THE
ADMINISTRATION OF THIS PROGRAM AND SHALL MANAGE THE FUND IN CONSULTATION
WITH THE OFFICE OF THE COMPTROLLER.
  2.  THE CORPORATION SHALL DETERMINE ADDITIONAL REQUIREMENTS FOR ELIGI-
BLE PARTICIPANTS, OTHER THAN THOSE  SPECIFIED  IN  SECTION  SIX  HUNDRED
NINETY-FOUR-E  OF  THIS  PART,  SHALL  SET A FIXED INTEREST RATE FOR THE
REPAYMENT OF REFINANCED LOANS, WHICH SHALL BE  LOWER  THAN  THE  AVERAGE
MARKET  RATE  FOR PRIVATE STUDENT LOANS, AND SHALL ESTABLISH AN APPLICA-
TION PROCESS FOR THE PROGRAM.
  3. THE CORPORATION SHALL DETERMINE APPROPRIATE PAYMENT  DEFERMENT  AND
FORBEARANCE OPTIONS FOR LOSS OF EMPLOYMENT OR EXTREME HARDSHIP.
  S  694-E.  PROGRAM  ELIGIBILITY.  1. TO BE ELIGIBLE FOR THIS PROGRAM A
PARTICIPANT MUST:
  A. HAVE GRADUATED FROM THE STATE UNIVERSITY OF NEW YORK  OR  THE  CITY
UNIVERSITY OF NEW YORK WITHIN FOUR YEARS, OR FIVE YEARS IF ENROLLED IN A
PROGRAM NORMALLY REQUIRING FIVE YEARS;
  B. HAVE GRADUATED WITH A GRADE POINT AVERAGE AT OR ABOVE 3.0;
  C. HAVE INCURRED STUDENT LOAN DEBT;
  D.  BE GAINFULLY EMPLOYED FOR AT LEAST THREE MONTHS PRIOR TO FILING AN
APPLICATION TO PARTICIPATE IN THE PROGRAM;
  E. AGREE TO SIGN A CONTRACT WITH THE CORPORATION  TO  ALLOW  A  DIRECT
WITHDRAWAL  OF  PAYMENTS FROM THEIR PAY CHECKS UNTIL THE DEBT OBLIGATION
IS PAID IN FULL; AND
  F. MUST APPLY FOR THE PROGRAM WITHIN TWO YEARS  AFTER  COLLEGE  GRADU-
ATION.
  S  694-F.  PROGRAM. 1. THE CORPORATION SHALL MAKE LUMP SUM PAYMENTS TO
LENDING INSTITUTIONS OR LENDERS TO PAY ELIGIBLE PARTICIPANTS'  EDUCATION
LOANS OUT OF THE FUNDS APPROPRIATED TO THE FUND FOR THE PURPOSES OF THIS
PROGRAM  IN  AMOUNTS  NOT  TO  EXCEED  THIRTY-FIVE  THOUSAND DOLLARS PER
PARTICIPANT.
  2. LOANS THAT THE PARTICIPANT ACQUIRED FROM THE FEDERAL GOVERNMENT  OR
THOSE LOANS THAT HAVE A FIXED INTEREST RATE PROVIDED AT AN INTEREST RATE
AT  OR  LOWER  THAN  THE CURRENT FEDERAL LOAN INTEREST RATE SHALL NOT BE
ELIGIBLE FOR ACQUISITION UNDER THE PROGRAM.
  S 694-G. REPAYMENT. 1. PARTICIPANTS SHALL REPAY THE TOTAL COST OF  THE
DEBT OBLIGATION TO THE FUND AT AN INTEREST RATE DETERMINED BY THE CORPO-
RATION ACCORDING TO THE FOLLOWING:

S. 522--A                           3

  A.  DURING  THE  FIRST FIVE YEARS OF PARTICIPATION IN THE PROGRAM, THE
PARTICIPANT SHALL PAY THREE PERCENT OF THE SALARY EARNED PER YEAR DURING
EACH OF THOSE YEARS;
  B.  DURING  THE  NEXT  FIVE YEARS OF PARTICIPATION IN THE PROGRAM, THE
PARTICIPANT SHALL PAY FIVE PERCENT OF THE SALARY EARNED PER YEAR  DURING
EACH OF THOSE YEARS;
  C.  DURING THE ELEVENTH YEAR OF PARTICIPATION AND EACH YEAR THEREAFTER
UNTIL THE DEBT OBLIGATION IS PAID IN FULL,  THE  PARTICIPANT  SHALL  PAY
EIGHT PERCENT OF THE SALARY EARNED PER YEAR DURING EACH OF THOSE YEARS.
  2.  THERE  SHALL  BE  NO  PRE-PAYMENT  PENALTIES UNDER THE PROGRAM AND
REPAYMENT SCHEDULES MAY BE CALCULATED AT A HIGHER  PERCENTAGE  RATE  PER
YEAR  OF  SALARY IF THE PARTICIPANT CHOOSES OR REQUESTS A FASTER RE-PAY-
MENT OPTION.
  S 2. The state finance law is amended by adding a new section 99-y  to
read as follows:
  S  99-Y.  NEW YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW PROGRAM
FUND. 1. THERE IS HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE NEW  YORK
STATE  HIGHER  EDUCATION  SERVICES CORPORATION, IN CONSULTATION WITH THE
STATE COMPTROLLER, OR HIS OR HER DESIGNEE, A FUND TO BE KNOWN AS THE NEW
YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW PROGRAM FUND.
  2. ALL MONIES RECEIVED PURSUANT TO THE  NEW  YORK  STUDENT  AFFORDABLE
REFINANCING FOR TOMORROW PROGRAM (NEW START) SHALL BE DEPOSITED INTO THE
FUND  AND  SHALL  BE MANAGED PURSUANT TO PART SIX OF ARTICLE FOURTEEN OF
THE EDUCATION LAW.
  3. ALL NECESSARY RULES AND REGULATIONS  FOR  THE  SUCCESSFUL  ADMINIS-
TRATION,  INVESTMENT AND MANAGEMENT OF SUCH FUND SHALL BE PROMULGATED BY
SUCH CORPORATION, IN CONSULTATION WITH THE STATE COMPTROLLER, OR HIS  OR
HER DESIGNEE.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized to be made and completed on or before such date.

senate Bill S524

2015-2016 Legislative Session

Requires that when a tree is removed from a campus in the state university of New York system, another tree shall be planted on such campus

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 committed to rules
Jun 06, 2016 advanced to third reading
Jun 02, 2016 2nd report cal.
Jun 01, 2016 1st report cal.1319
Jan 06, 2016 referred to higher education
Jan 07, 2015 referred to higher education

S524 - Bill Details

See Assembly Version of this Bill:
A2472
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §355, Ed L
Versions Introduced in 2013-2014 Legislative Session:
S2885

S524 - Bill Texts

view summary

Requires that when a tree is removed from a campus in the state university of New York system, another tree shall be planted on such campus.

view sponsor memo
BILL NUMBER: S524

TITLE OF BILL : An act to amend the education law, in relation to
the removal and planting of trees on college campuses of the state
university of New York

PURPOSE : To require the State University Board of Trustees to
develop a uniform policy relating to the removal and planting of trees
on SUNY campuses.

SUMMARY OF PROVISIONS :

Section 1. Provides the Legislative intent of the bill.

Section 2. Amends the education law to require the State University
Board of Trustees to develop a uniform policy relating to the removal
and planting of trees on SUNY campuses.

JUSTIFICATION : This bill directs the State University Trustees to
create a uniform policy that requires when a tree is removed from a
SUNY campus, another is planted on such campus. The SUNY system is
comprised of 64 individual campuses throughout New York State. The
campuses are located in a wide variety of areas and contribute greatly
to each of the communities in which they reside.

As a public university, SUNY has a responsibility to those communities
to take environmental considerations into account when making
structural campus changes that can negatively impact their natural
surroundings.

Therefore, this bill would ensure environmental stability by simply
requiring that natural habitats are preserved

LEGISLATIVE HISTORY : 2013-14 S.2885/A.7423

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   524

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to the removal and plant-
  ing of trees on college campuses of the state university of New York

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

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that as a public university, the state university of  New  York
shall  be  stewards  of  the  environment  and shall take every possible
precaution to safeguard natural  habitats  surrounding  all  64  college
campuses in the SUNY system.
  S 2. Paragraph c of subdivision 2 of section 355 of the education law,
as  amended  by  chapter  552 of the laws of 1985, is amended to read as
follows:
  c. To provide for the care,  custody  and  management  of  the  lands,
grounds,  structures,  buildings,  equipment and facilities of the state
university and the institutions therein.  PROVIDED THAT, WITH RESPECT TO
CAMPUS GROUNDS, THE TRUSTEES  SHALL  ADOPT  A  UNIFORM  POLICY  FOR  THE
REMOVAL  AND PLANTING OF TREES THAT SHALL SPECIFICALLY REQUIRE THAT WHEN
A TREE IS REMOVED FROM A CAMPUS, ANOTHER IS PLANTED ON  THAT  CAMPUS  IN
ORDER TO ENSURE ENVIRONMENTAL STABILITY.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02682-01-5

senate Bill S525

2015-2016 Legislative Session

Relates to approved programs and examinations for applicants for a license as a physician assistant

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to higher education
Jan 07, 2015 referred to higher education

S525 - Bill Details

See Assembly Version of this Bill:
A1149
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §§6540 & 6541, Ed L
Versions Introduced in 2013-2014 Legislative Session:
S7582, A10077

S525 - Bill Texts

view summary

Relates to approved programs and examinations for applicants for a license as a physician assistant.

view sponsor memo
BILL NUMBER: S525

TITLE OF BILL : An act to amend the education law, in relation to
approved programs and examinations for applicants for a license as a
physician assistant

PURPOSE : This bill amends the Education Law to allow graduates of
approved physician assistant programs located outside of the United
States to be eligible for licensing examinations.

SUMMARY OF PROVISIONS :

Section 1. Amends section 6540 of the Education Law by amending the
definition of "approved program" to include programs based in other
countries that have been approved by the appropriate civil authorities
of the host country.

Section 2. Amends section 6541 of the Education to prohibit the denial
of access to licensure examinations based upon the location of a
prospective test taker's physician assistant program.

JUSTIFICATION : Physician assistants practice medicine under the
direction of physicians and surgeons and are formally trained to
examine patients, diagnose injuries and illnesses and provide
treatment. These professionals often provide primary care services
that are suitable to the alternative of general practice medical
doctor services. In New York, as with other professions, physician
assistants are licensed by SED.

Currently, SED contracts with a single organization that administers a
physician assistant licensure examination that excludes persons who
complete programs based outside of the United States. Students and
graduates of these programs are refused access to this exam even
though the program may be approved by the Department. This state of
affairs denies access to licensure as a physician assistant.

These circumstances also needlessly disrupt the supply of medical
professionals who will be critical to serving the State's health care
needs in the future. This impediment exists just as fewer medical
school students are choosing to become general practitioners and just
as many general practitioners are leaving the profession at an
alarming rate.

The Association of American Medical Colleges (AAMC) has reported that
over 25% of physicians are 60 years of age or older and projected that
the United States will experience a shortage of over 130,000 full-time
equivalent physicians by 2025. Furthermore, a study by the Healthcare
Association of New York State (HANYS), the findings of which were
released in its 2011 Physician Advocacy Survey, found that 109 state
hospitals reported a shortage of a total of 763 doctors. This growing
shortage of medical professionals is occurring just as the estimated
78 million baby boomers begin to reach the age of 65.

In no way does this lessen standards with regard to the educational
requirements or the substance of the licensure exam. Also, the bill
does not alter any of the other physician assistant licensure
requirements, such as the requirement that an applicant possess a
bachelor's degree or its equivalent and that the applicant have good
moral character.

LEGISLATIVE HISTORY : 2014 S.7582/A.10077

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : This act shall take effect one year after it shall
have become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   525

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to approved programs  and
  examinations for applicants for a license as a physician assistant

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

  Section 1. Subdivision 3 of section 6540  of  the  education  law,  as
amended  by  chapter  48  of  the  laws  of  2012, is amended to read as
follows:
  3. Approved program. The term "approved program" means a  program  for
the  education  of physician assistants which has been formerly approved
by the department, OR A PROGRAM  DETERMINED  BY  THE  DEPARTMENT  TO  BE
COMPARABLE  AND  RECOGNIZED  BY THE APPROPRIATE CIVIL AUTHORITIES OF THE
COUNTY IN WHICH  THE  SCHOOL  IS  LOCATED  AS  AN  ACCEPTABLE  EDUCATION
PROGRAM.
  S  2.  Paragraph (e) of subdivision 1 of section 6541 of the education
law, as amended by chapter 48 of the laws of 2012, is amended to read as
follows:
  (e) in the case of an applicant for a license as a  physician  assist-
ant,  has  obtained  a passing score on an examination acceptable to the
department, PROVIDED THAT ACCESS TO ANY SUCH EXAMINATION SHALL BE GRANT-
ED TO ALL STUDENTS OR GRADUATES OF ANY APPROVED PROGRAM.
  S 3. This act shall take effect one year after it shall have become  a
law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03306-01-5

senate Bill S527

2015-2016 Legislative Session

Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to transportation
Jan 07, 2015 referred to transportation

S527 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1192, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S848
2011-2012: S3367
2009-2010: S1804

S527 - Bill Texts

view summary

Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders by precluding the plea to a lesser offense where the offender has been convicted of a driving while under the influence of drugs or alcohol offense within the previous 10 years.

view sponsor memo
BILL NUMBER: S527

TITLE OF BILL : An act to amend the vehicle and traffic law, in
relation to limiting options for plea bargaining for certain repeat
driving under the influence of alcohol or drugs offenders

PURPOSE : This bill would preclude plea bargaining from DWI to DWAI,
or from DWAI to a non-alcohol offense, for offenders who have been
convicted of DWI or DWAI within the previous ten years.

SUMMARY OF PROVISIONS : Amends § 1192(10) of the Vehicle and Traffic
Law to preclude plea bargains from DWI to DWAI or from DWAI to any
non-alcohol offense when the person has previously been convicted of
DWI or DWAI within ten years.

JUSTIFICATION : New York State currently has a provision prohibiting
plea bargaining to a non-alcohol offense for offenders charged with
DWI. This prohibition has been very successful in ensuring that such
offenders' records more accurately reflect the alcohol-involved nature
of the offense. Plea bargaining should be further curtailed for
certain repeat offenders' under current law, offenders may continually
plead to DWAI from a DWI charge and to non-alcohol related offenses
from a DWAI charge. An individual previously charged with DWAI but who
was allowed to plead guilty to a non-alcohol related charge, for
example, at present will not be identified or punished as a repeat
offender upon rearrest. Existing "loopholes" in the law should be
closed by precluding plea bargaining from DWI to DWAI and from DWAI to
a non-alcohol offense for offenders with a previous DWI or DWAI
conviction within ten years.

LEGISLATIVE HISTORY : 2011-12: S.3367/A.6196 - Died in
Transportation 2009-10: S.1804 - Referred to Transportation

FISCAL IMPLICATIONS : An anticipated increase in fine revenues.

EFFECTIVE DATE : This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   527

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law,  in  relation  to  limiting
  options  for  plea  bargaining  for  certain  repeat driving under the
  influence of alcohol or drugs offenders

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

  Section  1.  Subdivision 10 of section 1192 of the vehicle and traffic
law is amended by adding two new paragraphs  (e)  and  (f)  to  read  as
follows:
  (E)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
VIOLATION OF SUBDIVISION ONE OF THIS SECTION AND THE PERSON  SO  CHARGED
HAS  BEEN  CONVICTED  OF  A VIOLATION OF ANY SUBDIVISION OF THIS SECTION
WITHIN THE PRECEDING TEN YEARS, ANY PLEA OF GUILTY THEREAFTER ENTERED IN
SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST A PLEA  OF  GUILTY  TO
THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION AND NO OTHER DISPOSI-
TION BY PLEA OF GUILTY TO ANY  OTHER  CHARGE  IN  SATISFACTION  OF  SUCH
CHARGE  SHALL BE AUTHORIZED, PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY
UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT THE  CHARGE  OF  A
VIOLATION  OF  THIS SECTION IS NOT WARRANTED, SUCH DISTRICT ATTORNEY MAY
CONSENT, AND THE COURT MAY ALLOW A DISPOSITION  BY  PLEA  OF  GUILTY  TO
ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL
SUCH CASES, THE COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH
DISPOSITION.
  (F)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
VIOLATION OF SUBDIVISION TWO, THREE OR FOUR  OF  THIS  SECTION  AND  THE
PERSON  SO  CHARGED HAS BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION
OF THIS SECTION WITHIN THE PRECEDING  TEN  YEARS,  ANY  PLEA  OF  GUILTY
THEREAFTER  ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST
A PLEA OF GUILTY TO THE PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06897-01-5

S. 527                              2

THIS  SECTION  AND  NO  OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER
CHARGE IN SATISFACTION OF SUCH CHARGE  SHALL  BE  AUTHORIZED,  PROVIDED,
HOWEVER,  IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE
DETERMINES  THAT  THE  CHARGE  OF  A  VIOLATION  OF  THIS SECTION IS NOT
WARRANTED, SUCH DISTRICT ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A
DISPOSITION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF  SUCH
CHARGE;  PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH
UPON THE RECORD THE BASIS FOR SUCH DISPOSITION.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

senate Bill S528

2015-2016 Legislative Session

Requires the disclosure of bedbug infestation history for the previous year to prospective lessees

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to judiciary
Jan 07, 2015 referred to judiciary

S528 - Bill Details

See Assembly Version of this Bill:
A610
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5472, A993
2011-2012: A5177

S528 - Bill Texts

view summary

Requires the disclosure of bedbug infestation history for the previous year to prospective lessees; does not apply to cities with a population of one million or more; includes co-op sales and co-op and condo rentals in addition to other types of rentals.

view sponsor memo
BILL NUMBER: S528

TITLE OF BILL : An act to amend the real property law, in relation
to providing prospective lessees with the property's bedbug
infestation history for the previous year

PURPOSE OR GENERAL IDEA OF BILL : To allow tenants the opportunity to
examine the facts regarding the bedbug infestation history of a
building, condo or an apartment within the past year in order to make
an educated determination about the health and safety of the property.

SUMMARY OF SPECIFIC PROVISIONS : Section 1: The real property law is
amended by adding a new section 235-h, requiring that prospective
lessees shall be furnished with a notice outlining the property's
bedbug infestation history for the previous year. Information shall
include the premises to be rented and the building in which the
premises is located.

JUSTIFICATION : While prospective tenants in New York City are now
legally entitled to know if an individual apartment or building has
been infested with bedbugs within the past year, other municipalities
do not enjoy this protection. This legislation would correct this
inequality by expanding the protections of the 2010 Bedbug Disclosure
Act to all New Yorkers.

PRIOR LEGISLATIVE HISTORY : A.5177 of 2011-2012

EFFECTIVE DATE :
The 60th day after this act shall become law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   528

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to providing prospec-
  tive lessees with the property's bedbug infestation  history  for  the
  previous year

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

  Section 1.  The real property law is amended by adding a  new  section
235-h to read as follows:
  S  235-H.  NOTICE  OF  BEDBUG  INFESTATION HISTORY. 1. ALL PROSPECTIVE
LESSEES SHALL BE FURNISHED WITH A  NOTICE,  IN  A  FORM  PROMULGATED  OR
APPROVED  BY  THE  STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THAT
SETS FORTH THE PROPERTY'S BEDBUG INFESTATION HISTORY  FOR  THE  PREVIOUS
YEAR.
  2. INFORMATION SHALL INCLUDE ANY BEDBUG INFESTATION OF THE PREMISES TO
BE  RENTED BY THE PROSPECTIVE TENANT AND THE BUILDING IN WHICH THE PREM-
ISES ARE LOCATED.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  CITIES  WITH  A
POPULATION OF ONE MILLION OR MORE.
  4. THIS SECTION SHALL APPLY TO, BUT NOT BE LIMITED TO, CO-OP SALES AND
CO-OP AND CONDO RENTALS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.   Provided, however, that  the  commissioner  of  the
state  division  of  housing  and  community renewal may take any action
necessary for the timely implementation of this act  on  or  before  the
date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04073-01-5

senate Bill S529

2015-2016 Legislative Session

Provides for a continuation of senior citizen rent increase exemption benefits after a period of ineligibility

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to housing, construction and community development
Jan 07, 2015 referred to housing, construction and community development

Co-Sponsors

S529 - Bill Details

See Assembly Version of this Bill:
A563
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Amd §26-605, NYC Ad Cd
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5495, A708
2011-2012: A10768

S529 - Bill Texts

view summary

Provides for a continuation of senior citizen rent increase exemption benefits after a period of ineligibility due to a head of household's temporary increase in income.

view sponsor memo
BILL NUMBER: S529

TITLE OF BILL : An act to amend the administrative code of the city
of New York, in relation to continuation of senior citizen rent
increase exemption benefits after a period of ineligibility due to a
head of household's temporary increase in income

PURPOSE OR GENERAL IDEA OF BILL : The purpose of this legislation is
to guarantee that recipients of the SCRIE benefit not be subject to
hindsight rent increases due to a period of ineligibility.

SUMMARY OF SPECIFIC PROVISIONS : This bill will amend section 26-605
of the administrative code of the city of New York by adding a new
subdivision (e).

JUSTIFICATION : As it exists today, the SCRIE program contains a
loophole that significantly hurts those senior citizens it is intended
to help. Very frequently, a senior may see his or her income
experience an anomalous spike, because of the need to take an
additional distribution from an IRA or a pension to cover medical
expenses, for example, or other one-time increases in income. This
income spike will disqualify the applicant from the benefit. When the
senior's income returns to normal, and the beneficiary re-applies, his
or her rent gets frozen not at the old level, but at the current,
higher foil legal rent, which is greater than the previously frozen
rent. This sudden income spike can effectively push tenants out of the
apartments SCRIE was intended to keep them in.

This legislation will prevent the disqualification of seniors from the
program because of one-time spikes in income within two years.

PRIOR LEGISLATIVE HISTORY : A.10763 S.5495 2013-2014

FISCAL IMPLICATIONS : Unknown

EFFECTIVE DATE : This act shall take effect immediately and shall
apply to relevant applications for the senior citizen rent increase
exemption benefits filed on or after such date.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   529

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  PARKER -- 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  administrative code of the city of New York, in
  relation to continuation of senior  citizen  rent  increase  exemption
  benefits  after a period of ineligibility due to a head of household's
  temporary increase in income

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

  Section  1.  Section  26-605 of the administrative code of the city of
New York is amended by adding a new subdivision (e) to read as follows:
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A HEAD OF A  HOUSEHOLD
TO  WHOM  A  RENT INCREASE EXEMPTION ORDER/TAX ABATEMENT CERTIFICATE HAS
BEEN ISSUED UNDER THIS CHAPTER, CHAPTER THREE OR CHAPTER  FOUR  OF  THIS
TITLE  WHO  HAS  BECOME  INELIGIBLE  FOR  SUCH  RENT  INCREASE EXEMPTION
ORDER/TAX ABATEMENT CERTIFICATE AS A RESULT OF A TEMPORARY  INCREASE  IN
INCOME  FOR  A  PERIOD OF TIME THAT DOES NOT EXCEED TWO YEARS, MAY, UPON
RESUMPTION  OF  RECEIPT  OF  AN   INCOME   THAT   QUALIFIES   FOR   SUCH
ORDER/CERTIFICATE  UNDER  THIS CHAPTER, CHAPTER THREE OR CHAPTER FOUR OF
THIS TITLE, APPLY TO THE SUPERVISING AGENCY, SUBJECT TO  THE  TERMS  AND
CONDITIONS  IMPOSED  BY  SUCH  RELEVANT  CHAPTER,  FOR  A  RENT INCREASE
EXEMPTION ORDER/TAX ABATEMENT CERTIFICATE RELATING TO THE SAME  DWELLING
UNIT  TO  WHICH THE ORIGINAL RENT INCREASE EXEMPTION ORDER/TAX ABATEMENT
CERTIFICATE APPLIED, AND SUCH ORDER/CERTIFICATE SHALL PROVIDE  THAT  THE
HEAD  OF  THE  HOUSEHOLD SHALL BE EXEMPT FROM PAYING THAT PORTION OF THE
MAXIMUM RENT FOR THE DWELLING UNIT WHICH EXCEEDS THE LAST RENT THAT  THE
HEAD  OF THE HOUSEHOLD WAS REQUIRED TO PAY IN THE DWELLING UNIT PRIOR TO
HIS OR HER INCREASE IN INCOME WHICH CAUSED THE TEMPORARY  INELIGIBILITY,
PLUS  ANY  NON-EXEMPT  INCREASES  IN  SUCH  MAXIMUM  RENT WHICH MAY HAVE
OCCURRED DURING THE TEMPORARY PERIOD OF INELIGIBILITY.
  S 2. This act shall take effect immediately and shall apply  to  rele-
vant  applications  for the senior citizen rent increase exemption bene-
fits filed on or after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04015-01-5

senate Bill S530

2015-2016 Legislative Session

Establishes the crime of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jan 07, 2015 referred to codes

S530 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.31, 155.05 & 155.15, Pen L; amd §473, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S102
2011-2012: S6712

S530 - Bill Texts

view summary

Establishes the crimes of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person in the first, second, and third degree.

view sponsor memo
BILL NUMBER: S530

TITLE OF BILL : An act to amend the penal law and the social
services law, in relation to preventing financial exploitation of the
elderly

PURPOSE : Establishes exploitation of the vulnerable elderly or
incompetent or physically disabled as a form of larceny.

SUMMARY OF PROVISIONS :

Section 1 amends section 260.31 of the penal law by changing the
definition of "Caregiver".

Section 2 amends section 155.05 of the penal law by changing the
definition of larceny to include financial exploitation of the
vulnerable elderly or incompetent or physically disabled person.

Section 3 amends section 155.15 of the penal law by creating a defense
for financial exploitation of the vulnerable elderly or incompetent or
physically disabled.

Section 4 amends section 473 of the social services law to require
local officials to report to the appropriate district attorney's
office when there is reasonable belief that a crime is being
perpetrated against a person for whom protective services are being
provided.

Section 5 is the effective date.

JUSTIFICATION : Financial exploitation of the vulnerable elderly is
a pervasive and often unseen form of abuse. According to former Maine
Attorney General Steven Rowe, financial exploitation is a factor in
40% of all elder abuse cases. This is a trend that is only bound to
increase, given that 70% of the nation's household net worth is owned
by seniors, and our society is rapidly aging.

The National Center on Elder Abuse defines elder financial
exploitation as "the illegal or improper use of an elder's funds,
property or assets." Such instances of exploitation take form in the
way of credit card fraud, real estate scams, identify theft and
burglary. They are also notoriously difficult to combat. Even when
reported to local authorities, antiquated criminal statutes make it
difficult to prosecute these offenses.

Considering the widespread and shocking prevalence of financial
exploitation against seniors, it remains a mystery why New York has no
law to enable law enforcement to stop this abuse.

In passing this bill, New York would be joining at least 29 other
states responding to the need for increased protection for elders
against financial abuse. This bill would give district attorneys and
police the tools they need to prosecute instances of financial
exploitation.

Among its other provisions, this bill also requires adult protective
services officials to report all instances of suspected exploitation
to their district attorney's office. Timely identification of
exploitation and capable enforcement of the law will go far in
preventing financial abuses against the vulnerable elderly. In
addition, this proposal would transform convenience accounts into a
viable financial planning tool for the vulnerable elderly. Currently,
these accounts have no safeguards protecting them from unintended and
unwarranted use by persons in a position of trust.


LEGISLATIVE HISTORY : 2013-14: S.102/A.4316 Referred to
Codes/Referred to Codes 2011-12: S.6712/A.10456 Passed Senate/Referred
to Codes

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   530

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the social services law,  in  relation
  to preventing financial exploitation of the elderly

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

  Section 1.  The opening paragraph and subdivision 1 of section  260.31
of  the  penal law, the opening paragraph as added by chapter 381 of the
laws of 1998, subdivision 1 as amended and such section as renumbered by
chapter 14 of the laws of 2010, are amended to read as follows:
  For the purpose of sections 155.05, 260.32 and 260.34 of this article,
the following definitions shall apply:
  1. "Caregiver" means a person who (i) assumes responsibility  for  the
care  of  a  vulnerable  elderly person, or an incompetent or physically
disabled person pursuant to a court order; or (ii)  VOLUNTARILY  ASSUMES
RESPONSIBILITY  FOR THE CARE OF A VULNERABLE ELDERLY PERSON OR AN INCOM-
PETENT OR PHYSICALLY DISABLED PERSON;  OR  (III)  receives  monetary  or
other valuable consideration for providing care for a vulnerable elderly
person, or an incompetent or physically disabled person.
  S  2.  Subdivision  2 of section 155.05 of the penal law is amended by
adding a new paragraph (f) to read as follows:
  (F) BY FINANCIAL EXPLOITATION OF THE VULNERABLE ELDERLY OR INCOMPETENT
OR PHYSICALLY DISABLED PERSON.
  (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF  A  VULNER-
ABLE  ELDERLY,  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON WHEN, WHILE
IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY
PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY
OBTAINS OR USES OR ATTEMPTS  TO  OBTAIN  OR  USE  A  VULNERABLE  ELDERLY
PERSON'S  OR  INCOMPETENT  OR PHYSICALLY DISABLED PERSON'S PROPERTY WITH
THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE VULNERABLE  ELDERLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03979-01-5

S. 530                              2

PERSON  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON OF THE USE, BENEFIT
OR POSSESSION OF THE PROPERTY, OR TO BENEFIT HIMSELF  OR  HERSELF  OR  A
THIRD PERSON.
  (II)  A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF A VULNER-
ABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON  WHEN,  WHILE
IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY
PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY
OBTAINS  OR  USES OR ATTEMPTS TO OBTAIN OR USE CASH, SECURITIES OR OTHER
PROPERTY FROM A DEPOSIT ACCOUNT AS  DESCRIBED  IN  SECTION  SIX  HUNDRED
SEVENTY-EIGHT  OF  THE BANKING LAW FOR ANY OTHER PURPOSE BESIDES FOR THE
BENEFIT OF THE ORIGINAL DEPOSITOR WHERE THE VULNERABLE ELDERLY PERSON OR
INCOMPETENT OR PHYSICALLY DISABLED PERSON IS THE ORIGINAL  DEPOSITOR  OF
THE  ACCOUNT.  FOR  PURPOSES  OF  THIS PART, ANY BANKING ORGANIZATION OR
FOREIGN BANKING CORPORATION OR AGENT  OF  THE  ORGANIZATION  OR  FOREIGN
BANKING  CORPORATION THAT RELEASES CASH, SECURITIES OR OTHER PROPERTY TO
AN ADDITIONAL ACCOUNT HOLDER SHALL NOT BE CULPABLE OF ANY OFFENSE BY THE
SOLE ACT OF RELEASING CASH, SECURITIES OR OTHER  PROPERTY  TO  AN  ADDI-
TIONAL ACCOUNT HOLDER.
  S 3. Section 155.15 of the penal law is amended by adding a new subdi-
vision 3 to read as follows:
  3.  IN  ANY  PROSECUTION  FOR  LARCENY  BY FINANCIAL EXPLOITATION OF A
VULNERABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, IT  IS
AN  AFFIRMATIVE DEFENSE THAT THE DEFENDANT ACQUIRED EXPRESS CONSENT FROM
THE VULNERABLE OR INCOMPETENT OR PHYSICALLY DISABLED PERSON TO OBTAIN OR
USE THE VULNERABLE ELDERLY PERSON'S OR INCOMPETENT OR  PHYSICALLY  DISA-
BLED  PERSON'S  PROPERTY  FOR HIS OR HER OWN BENEFIT OR THE BENEFIT OF A
THIRD PERSON. CONSENT MUST HAVE BEEN GIVEN  BY  THE  VULNERABLE  ELDERLY
PERSON  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON PRIOR TO LOSING THE
ABILITY TO ADEQUATELY CARE FOR HIM OR HERSELF OR BY A PERSON WHO HOLDS A
POWER OF ATTORNEY OR SIMILAR AUTHORITY OVER THE  VULNERABLE  ELDERLY  OR
INCOMPETENT  OR  PHYSICALLY  DISABLED  PERSON  AT  ANY TIME PRIOR TO THE
DEFENDANT OBTAINING OR USING OR ATTEMPTING TO OBTAIN OR USE THE  VULNER-
ABLE  ELDERLY  PERSON'S  OR  INCOMPETENT OR PHYSICALLY DISABLED PERSON'S
PROPERTY.
  S 4. Subdivision 5 of section 473 of the social services law, as added
by chapter 395 of the laws of 1995, is amended to read as follows:
  5. Whenever a social services official, or his or her designee author-
ized or required to determine the need for, or to provide or arrange for
the provision of protective services to adults in  accordance  with  the
provisions of this title has a reason to believe that a criminal offense
has  been  committed,  as defined in the penal law, against a person for
whom the need for such services is being  determined  or  to  whom  such
services are being provided or arranged, the social services official or
his  or  her  designee  must  report this information to the appropriate
police or sheriff's department and the district attorney's office  [when
such  office  has  requested  such  information  be reported by a social
services official or his or her designee].
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have  become a law.

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