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S07381 Summary:

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S07381 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7381
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 22, 2023
                                       ___________
 
        Introduced by Sen. SKOUFIS -- (at request of the Department of State) --
          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 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
        S. 7381                             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.