2019 New York Laws
EXC - Executive
Article 21-B - Manufactured Homes
Title 1 - General Provisions
605 - Resolution of Disputes Regarding Manufactured Homes.

§  605.  Resolution  of  disputes regarding manufactured homes. 1. Any
homeowner, retailer, manufacturer, installer, mechanic or lending entity
may file a complaint with  the  department  as  a  state  administrative
agency  seeking  resolution  of  an allegation that a substantial defect
exists in the delivered condition, installation, service or construction
of a manufactured home. The department shall promulgate forms  for  such
complaints  which  forms  shall  also  be  available on the department's
web-site. For the purpose of this article, a substantial defect shall be
a defect or a number of defects or other conditions  which  collectively
can reasonably be expected to cost five hundred dollars or more to cure.
  2.  Complaints  relating  to  the  delivered  condition, installation,
service or construction of a manufactured home shall be made within  one
year  and  ten  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.
  3.  (a)  Upon  the department's determination that a complaint, on its
face,  alleges  a  substantial  defect  in  the   delivered   condition,
installation,  service,  or  construction  of  a  manufactured home, the
department shall notify the homeowner, manufacturer, retailer,  mechanic
and installer, as appropriate.
  (b)  Initially,  the  department may attempt to informally resolve the
complaint. If informal resolution of the complaint is unsuccessful,  the
department  shall resolve such complaints and disputes by administrative
hearing, pursuant to the state administrative procedure act.
  (c) The decision shall provide compensation to the aggrieved party  in
an amount which shall include, but not be limited to:
  (i)  Filing  and  recording  fees,  inspection fees and other required
costs that the aggrieved party would not have incurred had the home  met
applicable standards; and
  (ii) The cost of conforming repairs or replacements.
  (d) The department may apportion liability between two or more parties
or business entities where appropriate.
  (e) The decision resolving the complaint shall be in writing and shall
provide the reason therefor, a copy of the decision shall be provided to
all interested parties.
  (f)  The  department  may  require,  as  a  condition of receiving and
retaining any certification pursuant to this article, that an  applicant
agrees  to  submit  to  the jurisdiction of the department in connection
with the resolution of complaints and disputes and agrees to be bound by
the  department's  determination  subject  to  any  administrative   and
judicial review provided for in this article.
  (g)   Any  party  may  seek  judicial  review  of  the  administrative
determination pursuant to article seventy-eight of  the  civil  practice
law and rules.