Bill Text: NY A07422 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for federal program compliance relating to civil penalties associated with manufactured homes.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2023-06-09 - substituted by s7381 [A07422 Detail]

Download: New_York-2023-A07422-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7422

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 19, 2023
                                       ___________

        Introduced  by  M. of A. BARRETT, McDONALD -- (at request of the Depart-
          ment of State) -- read once and referred to the Committee  on  Govern-
          mental Operations

        AN ACT to amend the executive law, in relation to manufactured homes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 607 of the executive law, as added by  chapter  729
     2  of the laws of 2005, is amended to read as follows:
     3    § 607. Penalties for violation of this article. Any person or business
     4  entity  found  guilty,  after a hearing, of a violation of this article,
     5  except for the provisions of section six hundred nine of  this  article,
     6  may  be  required  to  pay a civil penalty of not more than one thousand
     7  dollars for each such violation, but not more than five thousand dollars
     8  for more than one violation relating to each home.   Such  [fine]  civil
     9  penalty shall be collected and deposited in the state's general fund. In
    10  addition to the civil penalties set forth in this section, the secretary
    11  shall also have the power to suspend or revoke [licenses] certifications
    12  pursuant to section six hundred four of this [article] title.
    13    §  2.  Paragraphs  (a)  and (b) of subdivision 5 of section 609 of the
    14  executive law, as added by chapter 729 of the laws of 2005, are  amended
    15  to read as follows:
    16    (a)  A  manufacturer  or retailer of manufactured housing who violates
    17  any of the provisions set forth in this section relating to manufactured
    18  housing or rules adopted by the department, including provisions of  the
    19  New  York  state  uniform  fire prevention and building code relating to
    20  manufactured housing, is subject to a civil penalty not to  exceed  [one
    21  thousand  one  hundred dollars] the maximum civil penalty established by
    22  24 C.F.R. § 3282.10,  as  then  in  effect,  for  each  violation.  Each
    23  violation constitutes a separate violation with respect to each manufac-
    24  tured housing unit, except that the maximum civil penalty may not exceed
    25  [one  million  one  hundred  thousand dollars] the maximum civil penalty

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06053-01-3
        A. 7422                             2

     1  established by 24 C.F.R. § 3282.10, as then in effect, for  any  related
     2  series  of  violations  occurring  within  one year from the date of the
     3  first violation.
     4    (b) An individual or a director, officer, or agent of a corporation or
     5  a principal on a business entity who knowingly and willfully violates 42
     6  USC  5409  in  a  manner  which  threatens  the  health or safety of any
     7  purchaser shall be fined not more than [one thousand dollars] the  maxi-
     8  mum  criminal  penalty  established by 24 C.F.R.   § 3282.10, as then in
     9  effect, or imprisoned not more than one year or both.
    10    § 3. This act shall take effect immediately.