NOTICE OF PROPOSED RULE MAKING Part 1210 Manufactured Housing (19 NYCRR Part 1210)
This proposed rule making would amend Part 1210 of Title 19 of the New York Codes, Rules and Regulations. The Department of State invites public participation in the rule making process.
Background
Article 21-B of the Executive Law provides for the initial training, certification, and continuing education of manufacturers, retailers, installers, and mechanics of manufactured homes, establishes procedures for the resolution of disputes relating to manufactured homes, and otherwise implements the provisions of the Federal Manufactured Housing Improvement Act of 2000 (PL 106-569), including the imposition of penalties. Executive Law §604 gives the Department of State (DOS) the power to promulgate rules and regulations related to the provisions of Article 21-B of the Executive Law with respect to manufactured housing. Those rules and regulations are currently set forth in Part 1210.
Proposed Amendments to Part 1210
Amendments to Part 1210 are necessary to align with Executive Law §609 (as amended by Chapter 601 of the Laws of 2023). The amendment to Executive Law §609 changes the civil penalties for violations to the maximum civil penalty established by 24 C.F.R. § 3282.10, as then in effect, for each violation. Currently, with respect to violations of the provisions set forth in Executive Law §609, 19 NYCRR §1210.21(b) places a $1,100 civil penalty, with a maximum of $1,100,000 for any related series of violations occurring within one year after the first violation committed by a manufacturer or retailer. Therefore, an amendment to Part 1210 is necessary to bring the New York State civil penalty statutory amounts into alignment with the federal regulations of the Department of Housing and Urban Development and allow civil penalties to be uniform and adjusted for inflation annually. See 24 C.F.R. § 3282.10 and §3282.302(b)(3).
In addition, the proposed rule would integrate comments from the NYS Housing Association and the DOS experiences in implementing the manufactured housing program to help improve and streamline provisions of Part 1210.
A copy of the Rule Text is available here.
Invitation to Participate in Rule Making Process
The Department of State invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule making process. Interested parties are invited to submit comments on the proposed rule.
If you have suggestions on how the proposed rule could be improved, suggested alternatives to the proposed rule that the Department of State could consider, or any other comments on the proposed rule, please contact William Sherman, by mail at New York State Department of State Division of Buildings Standards & Codes, 99 Washington Ave., Albany, NY 12231-0001; by telephone at 518-486-5067; or by e mail at [email protected].
Rule Making Schedule:
Published in the New York State Register: January 24, 2024
Public Comment Period Ends: March 25, 2024
Dated: January 10, 2024
NOTE: The proposed rule has not yet been adopted, and Part 1210 has not yet been amended in the manner described above.