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.