New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.18 - Resolution of disputes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				homeowner, retailer, manufacturer, installer, mechanic, or lending entity may
				file a complaint with the Department of State seeking resolution of an
				allegation that a substantial defect exists in the delivered condition,
				installation, service or construction of a manufactured home. Any such
				complaint shall be in writing, shall be submitted on a form provided by or
				otherwise acceptable to the Department of State; and shall specify the name and
				address of each complaining party, the nature of the substantial defect alleged
				to exist, the name and address of the manufacturer, the retailer, and the
				installer of such manufactured home and, if applicable, the name and address of
				each mechanic who serviced the manufactured home.
(b) A complaint relating to the delivered
				condition, installation, service or construction of a manufactured home shall
				be filed with the Department of State within one year and 10 days after the
				date of the service, installation, or issuance of a certificate of occupancy,
				or the expiration of any applicable provision of a contract or warranty,
				whichever is later.
(c) The
				Department of State shall review the complaint to determine whether the
				complaint, on its face, does or does not allege the existence of a substantial
				defect in the delivered condition, installation, service, or construction of a
				manufactured home. A determination by the Department of State pursuant to this
				subdivision shall not be deemed to constitute a finding on the merits of the
				complaint, but shall merely be a determination whether the complaint, on its
				face, does or does not allege the existence of a substantial defect.
(d) If the Department of State determines
				that a complaint, on its face, fails to allege the existence of a substantial
				defect, the Department of State shall notify the complaining party of such
				determination. The complaining party may thereafter file a new complaint,
				provided that such new complaint is filed within the time period specified in
				subdivision (b) of this section.
(e) If the Department of State determines
				that the complaint, on its face, does allege the existence of a substantial
				defect, the Department of State shall notify the complaining party and each
				responding party of such determination, and the Department of State shall
				provide each responding party with a copy of the complaint. Each responding
				party shall, within 30 days after receipt of such notice and copy of the
				complaint, file a written response to the complaint with the Department of
				State, and provide a copy of such response to the complaining party.
(f) The Department of State shall be
				permitted, but not required, to attempt to resolve any complaint on an informal
				basis. Such informal complaint resolution process may be commenced at any time
				after the complaint is filed, and may be continued at any time and from time to
				time thereafter. During the course of such informal complaint resolution
				process, one or more employees of the Department of State may participate in
				telephone calls to or from, or meetings with, any party or parties, with or
				without the participation by or presence of the other party or parties, and the
				Department of State may conduct such other investigation into the merits of the
				complaint as the Department of State may deem appropriate. No administrative
				law judge who may subsequently hear the matter shall participate in any such
				telephone call or meeting or any such investigation. At any time during the
				informal complaint resolution process, the Department of State may propose a
				manner in which the complaint may be resolved, in whole or in part. If the
				complaining party and each responding party agree in writing to accept such
				proposed resolution, the Secretary of State or his or her designee shall make a
				consent order reflecting such resolution. Any such consent order shall be final
				and binding when issued.
(g) If the
				Department of State elects not to attempt to resolve the complaint on an
				informal basis, or if any attempts to resolve the complaint on an informal
				basis are unsuccessful, in whole or in part, the Department of State shall
				resolve the complaint by administrative hearing conducted by the Department of
				State's Office of Administrative Hearings pursuant to the State Administrative
				Procedure Act and Part 400 of this Title. The decision resolving the complaint
				following an administrative hearing shall be made by the administrative law
				judge who conducted the hearing, shall be in writing, and shall provide the
				reasons for the decision. If the complaining party prevails, in whole or in
				part, the decision of the administrative law judge shall:
(1) direct compensation to the complaining
				party in such amount as the administrative law judge shall determine to be
				appropriate, which amount shall include, but shall not necessarily be limited
				to:
(i) filing fees, recording fees,
				inspection fees, and other required costs that the complaining party would not
				have incurred had the manufactured home met applicable standards; and
(ii) the cost of conforming repairs or
				replacements; and