Enacts the "affordable housing act" to prohibit municipalities from restricting the installation and placement of manufactured housing.
BILL NUMBER:S4072 REVISED 04/02/2013
TITLE OF BILL: An act to amend the private housing finance law, in relation to enacting the "affordable housing act" relating to the utilization of manufactured housing as affordable housing for persons of lower, moderate or fixed incomes
This legislation facilitates the utilization of manufactured housing as a vehicle towards promoting more affordable housing by requiring the equal application of local land-use controls and appearance criteria to both manufactured housing and site-built housing.
SUMMARY OF PROVISIONS:
This bill adds a new Article XXIV to the Private Housing Finance Law to enjoin any municipality from prohibiting the installation of manufactured housing on a permanent foundation that is manufactured or constructed under the authority of the federal National Mobile Home Construction and Safety Act of 1974 (42 U.S.C. 5401 et seq.). It defines a "manufactured home" as a single-family dwelling which: consists of one or more transportable sections that are substantially constructed off site and, if more than one section, are joined together on site; is built on a permanent chassis; is designed to be used as a dwelling on a permanent foundation; and is manufactured in accordance with and certified pursuant to the standards promulgated for a manufactured home pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974.
Frequently, local governments make no provision for manufactured housing in their zoning regulations or enact regulations designed to exclude this type of housing. During the past decade the improved design, appearance, and significant technological advances of manufactured housing have made it equivalent to conventional, site-built, single-family dwellings. This statute, which is modeled after one advocated by the American Bar Association, is predicated on the belief that manufactured housing provides homeowners with an affordable source of decent, safe, and sanitary housing on a permanent basis and that the State should promote its utilization to provide housing opportunities for persons with low, moderate, and fixed incomes. Given the growing disparity between the demand for housing and the ability to produce housing at an affordable price, there exists a need for state-enabling legislation such as this bill to oversee local government regulation of manufactured housing.
S.4126 (2011-12) S.6246 (2006-2007) A.4684 (2004)New Bill
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4072 2013-2014 Regular Sessions IN SENATE March 7, 2013 ___________Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the private housing finance law, in relation to enacting the "affordable housing act" relating to the utilization of manufac- tured housing as affordable housing for persons of lower, moderate or fixed incomes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The private housing finance law is amended by adding a new article 24-A to read as follows: ARTICLE XXIV-A AFFORDABLE HOUSING ACT SECTION 1175. SHORT TITLE. 1176. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES. 1177. DEFINITIONS. 1178. GENERAL PROVISIONS. S 1175. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "AFFORDABLE HOUSING ACT". S 1176. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES. THE LEGISLA- TURE FINDS AND DECLARES THAT A NEED FOR AFFORDABLE HOUSING EXISTS FOR RESIDENTS AND THAT THE STATE'S RESIDENTS HAVE A RIGHT TO AFFORDABLE HOUSING. THE LEGISLATURE HAS DETERMINED THAT MANUFACTURED HOUSING PROVIDES STATE HOMEOWNERS WITH AN AFFORDABLE SOURCE OF DECENT, SAFE AND SANITARY HOUSING ON A PERMANENT BASIS. THE LEGISLATURE FURTHER FINDS THAT THE IMPROVED DESIGN, APPEARANCE AND SIGNIFICANT TECHNOLOGICAL ADVANCES OF MANUFACTURED HOUSING BUILT TO HOUSING AND URBAN DEVELOPMENT CODE STANDARDS, MAKES MANUFACTURED HOUSING EQUIVALENT TO CONVENTIONAL, SITE-BUILT SINGLE FAMILY DWELLINGS FOR PURPOSES OF LAND-USE CONTROLS AND HOUSING CODE STANDARDS. THEREFORE, THE LEGISLATURE FINDS AND DECLARESEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09642-01-3 S. 4072 2
THAT IT IS IN THE PUBLIC INTEREST FOR THE STATE OF NEW YORK TO PROMOTE THE UTILIZATION OF MANUFACTURED HOUSING IN ORDER TO PROVIDE HOUSING OPPORTUNITIES FOR PERSONS WITH LOWER, MODERATE AND FIXED INCOMES. S 1177. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "MANUFACTURED HOME" MEANS A STRUCTURE, TRANSPORTABLE IN ONE OR MORE SECTIONS, WHICH, IN THE TRAVELING MODE, IS EIGHT BODY FEET OR MORE IN WIDTH OR FORTY BODY FEET OR MORE IN LENGTH, OR, WHEN ERECTED ON SITE, IS THREE HUNDRED TWENTY OR MORE SQUARE FEET, AND WHICH IS BUILT ON A PERMA- NENT CHASSIS AND DESIGNED TO BE USED AS A DWELLING WITH OR WITHOUT A PERMANENT FOUNDATION WHEN CONNECTED TO THE REQUIRED UTILITIES, AND INCLUDES THE PLUMBING, HEATING, AIR-CONDITIONING, AND ELECTRICAL SYSTEMS CONTAINED THEREIN. THE TERM SHALL INCLUDE ANY STRUCTURE THAT MEETS ALL OF THE REQUIREMENTS OF THIS SUBDIVISION EXCEPT THE SIZE REQUIREMENTS AND WITH RESPECT TO WHICH THE MANUFACTURER VOLUNTARILY FILES A CERTIFICATION REQUIRED BY THE UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND COMPLIES WITH THE STANDARDS ESTABLISHED UNDER TITLE 42 OF THE UNITED STATES CODE; AND EXCEPT THAT SUCH TERM SHALL NOT INCLUDE ANY SELF-PRO- PELLED RECREATIONAL VEHICLE. 2. "IDENTICAL DEVELOPMENT SPECIFICATIONS AND STANDARDS" INCLUDES ACCESS, BUILDING SETBACK DISTANCE, ENCLOSURES AND VEHICLE PARKING SPACE. 3. "PERMANENT FOUNDATION" MEANS A SYSTEM OF SUPPORT INSTALLED EITHER PARTIALLY OR ENTIRELY BELOW GRADE AND CONSTRUCTED OF MATERIAL APPROVED BY A MUNICIPAL AGENCY. S 1178. GENERAL PROVISIONS. 1. NO MUNICIPALITY SHALL PROHIBIT THE INSTALLATION OF MANUFACTURED HOUSING, ON A PERMANENT FOUNDATION, MANU- FACTURED OR CONSTRUCTED UNDER THE AUTHORITY OF THE FEDERALLY PREEMPTIVE NATIONAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974, 42 U.S.C. S 5401 ET SEQ. 2. NO MUNICIPALITY SHALL ENACT OR ENFORCE ZONING ORDINANCES OR OTHER REGULATIONS, INCLUDING PERMITTING PROCEDURES, WHICH HAVE THE EFFECT OF EXCLUDING OR ARBITRARILY RESTRICTING THE USE, LOCATION OR PLACEMENT OF MANUFACTURED HOUSING ON LOTS ZONED FOR SINGLE FAMILY USE IN RESIDENTIAL DISTRICTS, EXCEPT UPON THE IDENTICAL DEVELOPMENT STANDARDS AND REQUIRE- MENTS, INCLUDING AESTHETIC AND ARCHITECTURAL STANDARDS, WHICH ARE APPLI- CABLE TO CONVENTIONAL, SITE-BUILT SINGLE FAMILY DWELLINGS IN RESIDENTIAL DISTRICTS. 3. MANUFACTURED HOME PARKS MAY BE ESTABLISHED OR EXISTING PARKS EXPANDED CONSISTENT WITH THIS ARTICLE. S 2. This act shall take effect immediately.