§ 605 — Resolution of disputes regarding manufactured homes

§ 605. Resolution of disputes regarding manufactured homes. 1. Any\nhomeowner, retailer, manufacturer, installer, mechanic or lending entity\nmay file a complaint with the department as a state administrative\nagency seeking resolution of an allegation that a substantial defect\nexists in the delivered condition, installation, service or construction\nof a manufactured home. The department shall promulgate forms for such\ncomplaints which forms shall also be available on the department's\nweb-site. For the purpose of this article, a substantial defect shall be\na defect or a number of defects or other conditions which collectively\ncan reasonably be expected to cost five hundred dollars or more to cure.\n 2. Complaints relating to the delivered condition, installation,\nservice or construction of a manufactured home shall be made within one\nyear and ten days after the date of the service, installation or\nissuance of a certificate of occupancy, or the expiration of any\napplicable provision of a contract or warranty, whichever is later.\n 3. (a) Upon the department's determination that a complaint, on its\nface, alleges a substantial defect in the delivered condition,\ninstallation, service, or construction of a manufactured home, the\ndepartment shall notify the homeowner, manufacturer, retailer, mechanic\nand installer, as appropriate.\n (b) Initially, the department may attempt to informally resolve the\ncomplaint. If informal resolution of the complaint is unsuccessful, the\ndepartment shall resolve such complaints and disputes by administrative\nhearing, pursuant to the state administrative procedure act.\n (c) The decision shall provide compensation to the aggrieved party in\nan amount which shall include, but not be limited to:\n (i) Filing and recording fees, inspection fees and other required\ncosts that the aggrieved party would not have incurred had the home met\napplicable standards; and\n (ii) The cost of conforming repairs or replacements.\n (d) The department may apportion liability between two or more parties\nor business entities where appropriate.\n (e) The decision resolving the complaint shall be in writing and shall\nprovide the reason therefor, a copy of the decision shall be provided to\nall interested parties.\n (f) The department may require, as a condition of receiving and\nretaining any certification pursuant to this article, that an applicant\nagrees to submit to the jurisdiction of the department in connection\nwith the resolution of complaints and disputes and agrees to be bound by\nthe department's determination subject to any administrative and\njudicial review provided for in this article.\n (g) Any party may seek judicial review of the administrative\ndetermination pursuant to article seventy-eight of the civil practice\nlaw and rules.\n