§ 609 — State administrative agency requirements

§ 609. State administrative agency requirements. 1. In carrying out\nits responsibilities and obligations pursuant to 42 USC 5401, et seq.,\nthe department, by authorized representatives, may enter, at reasonable\ntimes, any factory, warehouse or establishment in which manufactured\nhousing is manufactured, stored, or held for sale for the purpose of\nascertaining whether the requirements of the federal manufactured\nhousing construction and safety standards act, the provisions of this\narticle and the rules of the department are being met. The department's\nauthority to enter and inspect shall be no less than the authority\nprovided in 42 USC 5413.\n 2. Each manufacturer and retailer of manufactured housing constructed\nunder the federal standards and any other party or entity covered by\nchapter 10 of title 42 of the United States Code shall be subject to and\ncomply with all applicable provisions of said laws any violation of\nwhich shall be deemed a violation of this section.\n 3. The department by authorized representative, shall have all of the\npowers granted to the secretary of housing and urban development as\nprovided in chapter 10 of title 42 of the United States Code with\nrespect to the enforcement of manufactured home safety and construction\nstandards promulgated under 42 USC 5403.\n 4. The department is authorized to impose and collect fees to be paid\nby manufacturers in amounts adequate to cover the costs of inspections\nconducted pursuant to the provisions of this article. Such fees shall be\ndeposited in the department account established pursuant to section six\nhundred eight of this article.\n 5. (a) A manufacturer or retailer of manufactured housing who\nviolates any of the provisions set forth in this section relating to\nmanufactured housing or rules adopted by the department, including\nprovisions of the New York state uniform fire prevention and building\ncode relating to manufactured housing, is subject to a civil penalty not\nto exceed the maximum civil penalty established by 24 C.F.R. § 3282.10,\nas then in effect, for each violation. Each violation constitutes a\nseparate violation with respect to each manufactured housing unit,\nexcept that the maximum civil penalty may not exceed the maximum civil\npenalty established by 24 C.F.R. § 3282.10, as then in effect, for any\nrelated series of violations occurring within one year from the date of\nthe first violation.\n (b) An individual or a director, officer, or agent of a corporation or\na principal on a business entity who knowingly and willfully violates 42\nUSC 5409 in a manner which threatens the health or safety of any\npurchaser shall be fined not more than the maximum criminal penalty\nestablished by 24 C.F.R. § 3282.10, as then in effect, or imprisoned not\nmore than one year or both.\n (c)(i) The department may enforce the provisions of this article and\nmay impose civil penalties administratively;\n (ii) Nothing in this article shall limit the powers and duties of the\nattorney general, as defined in section sixty-three of this chapter; and\n (iii) Nothing in this article shall diminish or limit any other right\nor cause of action existing under any other provision of law.\n