N.Y. Executive Law § 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.