Overview
Article 21-B provides for the certification of manufacturers, retailers, installers, mechanics (servicing the structural parts of the home), and homeowner/occupant installations. The law only applies to the federally approved manufactured homes and the relocation of mobile homes, not New York State approved modular homes also known as factory manufactured homes.
The key elements of the Manufactured Homes Certification Program:
- Requires individuals or businesses in New York State engaged in the manufacture, retail, installation, and servicing of manufactured homes to be certified.
- Requires manufactured homes be installed and serviced in compliance with the Uniform Code.
- Provides minimum requirements for certified entities including education, experience, initial and continuous training, examination, and financial responsibilities.
- Requires that a manufacturer and installer attach warranty seals obtained from the Department of State that provides minimum warranties to the homeowner.
- Enables any homeowner, retailer, manufacturer, installer, mechanic, or lending entity to file a complaint with the Department of State seeking resolution of an allegation that a substantial defect in the delivered condition, installation, service or construction of a manufactured home.
For Consumers
Manufacturer and Installers are required to obtain warranty seals from the Department of State that is required to be placed in the closet of your home. Check to ensure your home has this seal, it enables you to file a complaint if there is an issue.
The Department maintains a listing of certified manufacturers, retailers, installers and mechanics of manufactured homes. A reasonable effort is made to ensure that the list is accurate and up-to-date, but it is not guaranteed it is complete.
Dispute Resolution
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.
Your complaint must be in writing and must 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.
The complaint must be filed within one year and ten days after the date of service, installation, or issuance of a certificate of occupancy, or the expiration of any applicable provision of a contract or warranty, whichever is later.
Once the Department of State determines that a complaint is complete and properly alleges the existence of a substantial defect, the complaining party and responding party are notified and each responding party shall, within 30 days, file a response to the Department of State with a copy to the complaining party. The Department of State may attempt to resolve any complaint on an informal basis. If the complaining party and each responding party agree in writing to a Department of State proposal for resolution, the Department of State shall make a consent order reflecting such resolution which shall be final and binding when issued.
If an informal resolution is not successful, the Department of State shall resolve the complaint by an administrative hearing conducted by the Department of State’s administrative law judge in accordance with State Administrative Procedure Act and Part 400 of 19NYCRR 1210. The administrative law judge will determine the merits of the complaint and, if the complaining party prevails, may direct appropriate compensation to the complaining party. Any party may file an appeal of a decision of the administrative law judge within 30 calendar days of the party’s receipt of a copy of the decision.
-
Manufactured Housing Complaint Form
Nothing in this complaint shall limit the rights of the consumer under any contract or applicable law. The consumer has the right to pursue other avenues of legal action.
Download
Certification Requirements
|
Requirements |
Manufacturer |
Retailer |
Installer |
Mechanic |
Homeowner/Occupant Installer |
|---|---|---|---|---|---|
|
Approval from HUD |
Required |
|
|||
|
High School Graduate or Equivalent |
Required |
Required |
Required |
Required |
|
|
Experience |
1 year full-time employment in manufactured home industry |
2 years full-time employment in the business of installing manufactured homes |
1 year full time full-time employment in the business of serving homes or in a business substantially similar |
|
|
|
3-Hour Article 21-b Introductory Course |
Required |
Required |
Required |
Required |
Required |
|
13-Hour Initial Installation Course |
Required |
Required |
|||
|
3-Hour Initial Mechanic Course |
Required |
|
|||
|
Application within 6 months of course completion |
Required |
Required |
Required |
||
|
Financial Security Amount |
$50,000 |
$25,000 |
$10,000 |
$5,000 |
|
|
3-Hour Continuing Education (prior to certification renewal) |
Required |
Required |
Required |
Required |
|
Training
The New York Housing Association and the New York State Weatherization Directors Association are providing training opportunities to meet the requirements of the Manufactured Housing Advancement Act, in cooperation with the Department of State.
All registrations for training of industry personnel should be done through the appropriate Associations:
Code enforcement officials should check with their respective New York State Building Officials Conference (NYSBOC) chapter to learn of educational opportunities that are available for manufactured housing.
Apply
To apply for certification:
1.) Determine whether you meet the minimum education and experience requirements.
2.) Complete the required course(s) for certification.
3.) Submit a properly completed application for certification, appropriate fee, and financial document (deposit account control agreement, acceptable letter of credit, or surety bond) for the appropriate amount to the Department of State Division of Licensing Services.
INFORMATION:
Fees
Application fees are due for certification and renewal of certification:
- Manufacturer $200
- Retailer $200
- Installer $200
- Mechanic $100
- Limited (manufacturer, retailer, installer, or mechanic) $25
- Homeowner/Occupant $25
- Manufacturer’s Warranty Seal $125
- Installer’s Warranty Seal $35 (five or fewer) $25 (six or more)
For Manufacturers and Installers
Manufacturers are required to affix a Manufacturer’s Warranty Seal for each home it build for sale or installation in, or shipment to New York State.
Installers are required to affix an Installer’s Warranty Seal to each home it installs in New York State.
Manufacturers are required to file reports to the Department of State identifying homes built for sale or installation in, or shipment to New York State during the reporting period; these reports can be filed on a quarterly or monthly basis.
Installers are required to file quarterly reports to the Department of State identifying homes installed in New York State during the reporting period.
Regulations, Bulletins, and Other Information
Get and the pertinent regulations, informational bulletins, and other information.
Contact Manufactured Housing
William Sherman, Assistant Director for Manufactured Housing