2023 New York Laws › EXC - Executive › Article 21-B - Manufactured Homes › Title 1 - General Provisions › 609 - State Administrative Agency Requirements.

§  609.  State  administrative agency requirements. 1. In carrying out
its responsibilities and obligations pursuant to 42 USC 5401,  et  seq.,
the  department, by authorized representatives, may enter, at reasonable
times, any factory, warehouse or  establishment  in  which  manufactured
housing  is  manufactured,  stored,  or held for sale for the purpose of
ascertaining  whether  the  requirements  of  the  federal  manufactured
housing  construction  and  safety standards act, the provisions of this
article and the rules of the department are being met. The  department's
authority  to  enter  and  inspect  shall  be no less than the authority
provided in 42 USC 5413.
2. Each manufacturer and retailer of manufactured housing  constructed
under  the  federal  standards  and any other party or entity covered by
chapter 10 of title 42 of the United States Code shall be subject to and
comply with all applicable provisions of  said  laws  any  violation  of
which shall be deemed a violation of this section.
3.  The department by authorized representative, shall have all of the
powers granted to the secretary of  housing  and  urban  development  as
provided  in  chapter  10  of  title  42  of the United States Code with
respect to the enforcement of manufactured home safety and  construction
standards promulgated under 42 USC 5403.
4.  The department is authorized to impose and collect fees to be paid
by manufacturers in amounts adequate to cover the costs  of  inspections
conducted pursuant to the provisions of this article. Such fees shall be
deposited  in the department account established pursuant to section six
hundred eight of this article.
5.   (a) A  manufacturer  or  retailer  of  manufactured  housing  who
violates  any  of  the  provisions set forth in this section relating to
manufactured housing or  rules  adopted  by  the  department,  including
provisions  of  the  New York state uniform fire prevention and building
code relating to manufactured housing, is subject to a civil penalty not
to exceed the maximum civil penalty established by 24 C.F.R. §  3282.10,
as  then  in  effect,  for  each violation. Each violation constitutes a
separate violation with  respect  to  each  manufactured  housing  unit,
except  that  the maximum civil penalty may not exceed the maximum civil
penalty established by 24 C.F.R. § 3282.10, as then in effect,  for  any
related  series of violations occurring within one year from the date of
the first violation.
(b) An individual or a director, officer, or agent of a corporation or
a principal on a business entity who knowingly and willfully violates 42
USC 5409 in a manner  which  threatens  the  health  or  safety  of  any
purchaser  shall  be  fined  not  more than the maximum criminal penalty
established by 24 C.F.R. § 3282.10, as then in effect, or imprisoned not
more than one year or both.
(c)(i) The department may enforce the provisions of this  article  and
may impose civil penalties administratively;
(ii)  Nothing in this article shall limit the powers and duties of the
attorney general, as defined in section sixty-three of this chapter; and
(iii) Nothing in this article shall diminish or limit any other  right
or cause of action existing under any other provision of law.