S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7381
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  Section 607 of the executive law, as added by chapter 729
 of the laws of 2005, is amended to read as follows:
   § 607. Penalties for violation of this article. Any person or business
 entity found guilty, after a hearing, of a violation  of  this  article,
 except  for  the provisions of section six hundred nine of this article,
 may be required to pay a civil penalty of not  more  than  one  thousand
 dollars for each such violation, but not more than five thousand dollars
 for  more  than  one violation relating to each home.  Such [fine] CIVIL
 PENALTY shall be collected and deposited in the state's general fund. In
 addition to the CIVIL penalties set forth in this section, the secretary
 shall also have the power to suspend or revoke [licenses] CERTIFICATIONS
 pursuant to section six hundred four of this [article] TITLE.
   § 2. Paragraphs (a) and (b) of subdivision 5 of  section  609  of  the
 executive  law, as added by chapter 729 of the laws of 2005, are amended
 to read as follows:
   (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 [one
 thousand one hundred dollars] 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 manufac-
 tured housing unit, except that the maximum CIVIL penalty may not exceed
 [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
 
 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 [one thousand dollars] THE  MAXI-
 MUM  CRIMINAL  PENALTY  ESTABLISHED BY 24 C.F.R.   § 3282.10, AS THEN IN
 EFFECT, or imprisoned not more than one year or both.
   § 3. This act shall take effect immediately.