(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.
Structure New York Laws
Article 21-B - Manufactured Homes
603 - Warranty Seals; Notice to the Department.
604 - Powers of the Department.
605 - Resolution of Disputes Regarding Manufactured Homes.
606 - Training and Continuing Education.
607 - Penalties for Violation of This Article.
609 - State Administrative Agency Requirements.
610 - State Certified Installers.