Bill Text: NY S04072 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to single-family dwellings of manufactured homes in residential districts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S04072 Detail]

Download: New_York-2013-S04072-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4072
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 7, 2013
                                      ___________
       Introduced  by  Sen.  YOUNG  -- 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 private housing finance law, in relation to enacting
         the  "affordable  housing act" relating to the utilization of manufac-
         tured housing as affordable housing for persons of lower, moderate  or
         fixed incomes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The private housing finance law is amended by adding a  new
    2  article 24-A to read as follows:
    3                               ARTICLE XXIV-A
    4                           AFFORDABLE HOUSING ACT
    5  SECTION 1175. SHORT TITLE.
    6          1176. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES.
    7          1177. DEFINITIONS.
    8          1178. GENERAL PROVISIONS.
    9    S  1175.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
   10  THE "AFFORDABLE HOUSING ACT".
   11    S 1176. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES.  THE  LEGISLA-
   12  TURE  FINDS  AND  DECLARES THAT A NEED FOR AFFORDABLE HOUSING EXISTS FOR
   13  RESIDENTS AND THAT THE STATE'S RESIDENTS  HAVE  A  RIGHT  TO  AFFORDABLE
   14  HOUSING.  THE  LEGISLATURE  HAS  DETERMINED  THAT  MANUFACTURED  HOUSING
   15  PROVIDES STATE HOMEOWNERS WITH AN AFFORDABLE SOURCE OF DECENT, SAFE  AND
   16  SANITARY  HOUSING  ON  A  PERMANENT BASIS. THE LEGISLATURE FURTHER FINDS
   17  THAT THE  IMPROVED  DESIGN,  APPEARANCE  AND  SIGNIFICANT  TECHNOLOGICAL
   18  ADVANCES  OF MANUFACTURED HOUSING BUILT TO HOUSING AND URBAN DEVELOPMENT
   19  CODE STANDARDS, MAKES MANUFACTURED HOUSING EQUIVALENT  TO  CONVENTIONAL,
   20  SITE-BUILT SINGLE FAMILY DWELLINGS FOR PURPOSES OF LAND-USE CONTROLS AND
   21  HOUSING  CODE STANDARDS.   THEREFORE, THE LEGISLATURE FINDS AND DECLARES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09642-01-3
       S. 4072                             2
    1  THAT IT IS IN THE PUBLIC INTEREST FOR THE STATE OF NEW YORK  TO  PROMOTE
    2  THE  UTILIZATION  OF  MANUFACTURED  HOUSING  IN ORDER TO PROVIDE HOUSING
    3  OPPORTUNITIES FOR PERSONS WITH LOWER, MODERATE AND FIXED INCOMES.
    4    S 1177. DEFINITIONS. AS USED IN THIS ARTICLE:
    5    1. "MANUFACTURED HOME" MEANS A STRUCTURE, TRANSPORTABLE IN ONE OR MORE
    6  SECTIONS,  WHICH,  IN  THE TRAVELING MODE, IS EIGHT BODY FEET OR MORE IN
    7  WIDTH OR FORTY BODY FEET OR MORE IN LENGTH, OR, WHEN ERECTED ON SITE, IS
    8  THREE HUNDRED TWENTY OR MORE SQUARE FEET, AND WHICH IS BUILT ON A PERMA-
    9  NENT CHASSIS AND DESIGNED TO BE USED AS A DWELLING  WITH  OR  WITHOUT  A
   10  PERMANENT  FOUNDATION  WHEN  CONNECTED  TO  THE  REQUIRED UTILITIES, AND
   11  INCLUDES THE PLUMBING, HEATING, AIR-CONDITIONING, AND ELECTRICAL SYSTEMS
   12  CONTAINED THEREIN. THE TERM SHALL INCLUDE ANY STRUCTURE THAT  MEETS  ALL
   13  OF THE REQUIREMENTS OF THIS SUBDIVISION EXCEPT THE SIZE REQUIREMENTS AND
   14  WITH RESPECT TO WHICH THE MANUFACTURER VOLUNTARILY FILES A CERTIFICATION
   15  REQUIRED BY THE UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT
   16  AND COMPLIES WITH THE STANDARDS ESTABLISHED UNDER TITLE 42 OF THE UNITED
   17  STATES  CODE;  AND EXCEPT THAT SUCH TERM SHALL NOT INCLUDE ANY SELF-PRO-
   18  PELLED RECREATIONAL VEHICLE.
   19    2.  "IDENTICAL  DEVELOPMENT  SPECIFICATIONS  AND  STANDARDS"  INCLUDES
   20  ACCESS, BUILDING SETBACK DISTANCE, ENCLOSURES AND VEHICLE PARKING SPACE.
   21    3.  "PERMANENT  FOUNDATION" MEANS A SYSTEM OF SUPPORT INSTALLED EITHER
   22  PARTIALLY OR ENTIRELY BELOW GRADE AND CONSTRUCTED OF  MATERIAL  APPROVED
   23  BY A MUNICIPAL AGENCY.
   24    S  1178.  GENERAL  PROVISIONS.  1.  NO MUNICIPALITY SHALL PROHIBIT THE
   25  INSTALLATION OF MANUFACTURED HOUSING, ON A PERMANENT  FOUNDATION,  MANU-
   26  FACTURED  OR CONSTRUCTED UNDER THE AUTHORITY OF THE FEDERALLY PREEMPTIVE
   27  NATIONAL MANUFACTURED HOME CONSTRUCTION  AND  SAFETY  STANDARDS  ACT  OF
   28  1974, 42 U.S.C. S 5401 ET SEQ.
   29    2.  NO  MUNICIPALITY SHALL ENACT OR ENFORCE ZONING ORDINANCES OR OTHER
   30  REGULATIONS, INCLUDING PERMITTING PROCEDURES, WHICH HAVE THE  EFFECT  OF
   31  EXCLUDING  OR  ARBITRARILY RESTRICTING THE USE, LOCATION OR PLACEMENT OF
   32  MANUFACTURED HOUSING ON LOTS ZONED FOR SINGLE FAMILY USE IN  RESIDENTIAL
   33  DISTRICTS,  EXCEPT UPON THE IDENTICAL DEVELOPMENT STANDARDS AND REQUIRE-
   34  MENTS, INCLUDING AESTHETIC AND ARCHITECTURAL STANDARDS, WHICH ARE APPLI-
   35  CABLE TO CONVENTIONAL, SITE-BUILT SINGLE FAMILY DWELLINGS IN RESIDENTIAL
   36  DISTRICTS.
   37    3. MANUFACTURED HOME  PARKS  MAY  BE  ESTABLISHED  OR  EXISTING  PARKS
   38  EXPANDED CONSISTENT WITH THIS ARTICLE.
   39    S 2. This act shall take effect immediately.