N.Y. Executive Law § 609: State administrative agency requirements

§ 609. State administrative agency requirements. 1. In carrying out

its responsibilities and obligations pursuant to 42 USC 5401, et seq.,

the department, by authorized representatives, may enter, at reasonable

times, any factory, warehouse or establishment in which manufactured

housing is manufactured, stored, or held for sale for the purpose of

ascertaining whether the requirements of the federal manufactured

housing construction and safety standards act, the provisions of this

article and the rules of the department are being met. The department's

authority to enter and inspect shall be no less than the authority

provided in 42 USC 5413.

2. Each manufacturer and retailer of manufactured housing constructed

under the federal standards and any other party or entity covered by

chapter 10 of title 42 of the United States Code shall be subject to and

comply with all applicable provisions of said laws any violation of

which shall be deemed a violation of this section.

3. The department by authorized representative, shall have all of the

powers granted to the secretary of housing and urban development as

provided in chapter 10 of title 42 of the United States Code with

respect to the enforcement of manufactured home safety and construction

standards promulgated under 42 USC 5403.

4. The department is authorized to impose and collect fees to be paid

by manufacturers in amounts adequate to cover the costs of inspections

conducted pursuant to the provisions of this article. Such fees shall be

deposited in the department account established pursuant to section six

hundred eight of this article.

5. (a) A manufacturer or retailer of manufactured housing who

violates any of the provisions set forth in this section relating to

manufactured housing or rules adopted by the department, including

provisions of the New York state uniform fire prevention and building

code relating to manufactured housing, is subject to a civil penalty not

to exceed the maximum civil penalty established by 24 C.F.R. § 3282.10,

as then in effect, for each violation. Each violation constitutes a

separate violation with respect to each manufactured housing unit,

except that the maximum civil penalty may not exceed the maximum civil

penalty established by 24 C.F.R. § 3282.10, as then in effect, for any

related series of violations occurring within one year from the date of

the first violation.

(b) An individual or a director, officer, or agent of a corporation or

a principal on a business entity who knowingly and willfully violates 42

USC 5409 in a manner which threatens the health or safety of any

purchaser shall be fined not more than the maximum criminal penalty

established by 24 C.F.R. § 3282.10, as then in effect, or imprisoned not

more than one year or both.

(c)(i) The department may enforce the provisions of this article and

may impose civil penalties administratively;

(ii) Nothing in this article shall limit the powers and duties of the

attorney general, as defined in section sixty-three of this chapter; and

(iii) Nothing in this article shall diminish or limit any other right

or cause of action existing under any other provision of law.