NY State Senate Bill 2015-S4193

Senate Bill S4193

Signed By Governor

2015-2016 Legislative Session

Relates to single-family dwellings of manufactured homes in residential districts

download bill text pdf

Archive: Last Bill Status Via A2362 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	signed chap.425
Nov 10, 2015	delivered to governor
Jun 24, 2015	returned to assembly passed senate substituted for s4193
Jun 24, 2015	substituted by a2362
Mar 18, 2015	advanced to third reading
Mar 17, 2015	2nd report cal.
Mar 16, 2015	1st report cal.243
Mar 09, 2015	referred to housing, construction and community development

Votes

- Jun 24, 2015 - Floor Vote
  A2362
  
  57
  
  Aye
  
  3
  
  Nay
  
  1
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 24, 2015
      
      aye (57)
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (3)
      
      Martins
      
      Panepinto
      
      Ranzenhofer
      
      absent (1)
      
      Sampson
      
      excused (2)
      
      Addabbo Jr.
      
      Libous
  Mar 16, 2015 - Housing, Construction And Community Development Committee Vote
  S4193
  
  6
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Mar 16, 2015
      
      aye (6)
      
      Bonacic
      
      Boyle
      
      Espaillat
      
      Gallivan
      
      Nozzolio
      
      Young
      
      nay (1)
      
      Panepinto
      
      aye wr (2)
      
      Avella
      
      Krueger

2015-S4193 (ACTIVE) - Details

See Assembly Version of this Bill:: A2362
Law Section:: Executive Law
Laws Affected:: Redes Art 21-B §§600 - 612 to be Title 1, add Title Head, Art 21-B Title 2 §§615 - 617, amd §§600 & 601, Exec L
Versions Introduced in 2013-2014 Legislative Session:: S4072, A8223

2015-S4193 (ACTIVE) - Summary

Relates to single-family dwellings of manufactured homes in residential districts.

2015-S4193 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4193

TITLE OF BILL:

An act to amend the executive law, in relation to single-family
dwellings of manufactured homes in residential districts

PURPOSE:

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 Title 2 to Article 21-B of the Executive law to
provide that manufactured homes that meet identical development
specification and standards as those used as single family-dwelling
units in residential districts, including aesthetic and architectural
standards, which apply to single family residential dwellings within a
municipal residential district shall be deemed in conformance with the
local zoning code as a single family residence. Similarly, the
development of new manufactured home parks or the expansion of
existing manufactured home parks shall also be deemed in compliance
with local zoning restrictions which would be applicable to compliant

single family free standing dwelling developments.

JUSTIFICATION:

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.

LEGISLATIVE HISTORY:

S.4072 (2013-2014) Similar bill
S.4126 (2011-12)
S.6246 (2006-2007)
A.4684 (2004) New Bill

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect immediately.

2015-S4193 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4193

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 9, 2015
                               ___________

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 executive law, in relation to single-family dwell-
  ings of manufactured homes in residential districts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Sections 600 through 612 of article 21-B of the executive
law are designated title 1 and a new title heading is added to  read  as
follows:
                           GENERAL PROVISIONS
  S  2. Section 600 of the executive law, as added by chapter 729 of the
laws of 2005, is amended to read as follows:
  S 600. Application.  This  [article]  TITLE  shall  be  applicable  to
persons  and business entities engaged in the manufacture, sale, instal-
lation and service of manufactured homes and to purchasers thereof.
  S 3. The opening paragraph of section 601 of  the  executive  law,  as
added by chapter 729 of the laws of 2005, is amended to read as follows:
  For  the  purposes  of this [article] TITLE, the following terms shall
have the following meanings:
  S 4. Article 21-B of the executive law is  amended  by  adding  a  new
title 2 to read as follows:
                                 TITLE 2
            SINGLE-FAMILY DWELLINGS IN RESIDENTIAL DISTRICTS
SECTION 615. DEFINITIONS.
        616. MANUFACTURED HOMES  AS  SINGLE-FAMILY DWELLINGS IN RESIDEN-
               TIAL DISTRICTS.
        617. MANUFACTURED HOME PARKS TO BE CONSISTENT.
  S 615. DEFINITIONS. FOR THE PURPOSES  OF  THIS  TITLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03449-01-5

S. 4193                             2

  1.  "MANUFACTURED  HOME"  SHALL  HAVE  THE SAME MEANING AS PROVIDED IN
SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THIS ARTICLE.
  2.  "IDENTICAL  DEVELOPMENT  SPECIFICATIONS  AND  STANDARDS"  INCLUDES
ACCESS, BUILDING SETBACK DISTANCE, ENCLOSURES AND VEHICLE PARKING SPACE.
  3. "SINGLE-FAMILY DWELLING"  SHALL  MEAN  A  BUILDING  DESIGNED  AS  A
ONE-FAMILY  RESIDENCE  AND  USED  OR OCCUPIED, OR INTENDED TO BE USED OR
OCCUPIED AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS  MAINTAINING  A
HOUSEHOLD.
  S 616. MANUFACTURED  HOMES  AS  SINGLE-FAMILY DWELLINGS IN RESIDENTIAL
DISTRICTS. A MANUFACTURED HOME THAT IS AFFIXED TO A PERMANENT FOUNDATION
AND CONFORMS WITH THE IDENTICAL DEVELOPMENT SPECIFICATION AND STANDARDS,
INCLUDING GENERAL AESTHETIC AND ARCHITECTURAL STANDARDS,  APPLICABLE  TO
CONVENTIONAL,  SITE-BUILT  SINGLE-FAMILY  DWELLINGS  IN  THE RESIDENTIAL
DISTRICT IN WHICH THE MANUFACTURED HOME IS TO BE SITED, SHALL BE  DEEMED
TO BE A CONFORMING SINGLE FAMILY DWELLING FOR PURPOSES OF THE APPLICABLE
LOCAL ZONING LAW OR ORDINANCE.
  S 617. MANUFACTURED  HOME  PARKS  TO  BE CONSISTENT. MANUFACTURED HOME
PARKS MAY BE ESTABLISHED OR EXISTING PARKS EXPANDED CONSISTENT WITH  THE
PROVISIONS  OF  THIS TITLE AND CONSISTENT WITH THE IDENTICAL DEVELOPMENT
SPECIFICATION AND STANDARDS, INCLUDING GENERAL AESTHETIC  AND  ARCHITEC-
TURAL STANDARDS, APPLICABLE TO OTHER SINGLE-FAMILY DWELLING DEVELOPMENTS
IN THE MUNICIPALITY IN WHICH THE PARK IS, OR IS TO BE, LOCATED.
  S 5. This act shall take effect immediately.

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