Section 601. Definitions  


Latest version.
  • For  the purposes of this article the following
      terms shall have the following meanings:
        1. "Business entity" means a  corporation,  association,  partnership,
      limited liability company, limited liability partnership, or other legal
      entity.
        2.  "Delivered  condition"  means  the  physical condition of the home
      after delivery and installation at the home site has been completed.
        3. "Department" means the department of state.
        4. "Installation" means:
        (a) the affixation of a manufactured home to a foundation or  supports
      at a building site;
        (b)   the   assembly   and   fastening  of  structural  components  of
      manufactured housing, including the completed roof system; and
        (c) the connection to electrical, oil, water, gas, sewage and  similar
      systems  that  are  necessary  for  the use of the manufactured home for
      dwelling purposes.
        5. "Installer" means any person or business entity, including, but not
      limited  to,  a  retailer  or  mechanic,  who  installs  or  sets  up  a
      manufactured home for a buyer.
        6.  "Lending entity" means a financial institution, mortgage lender or
      other individual or entity that  holds  a  mortgage  or  other  security
      interest  in  a  manufactured  home,  such  home  being the subject of a
      complaint filed with the department pursuant to the provisions  of  this
      article.
        7. "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
      permanent  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-propelled recreational vehicle.
        8.  "Manufacturer"  means  any  person  or  business entity engaged in
      manufacturing or producing manufactured homes.
        9. "Mechanic" means any person  or  business  entity  engaged  in  the
      business of performing service on or installing manufactured housing.
        10.  "Retailer"  means  any  person  or business entity engaged in the
      retail selling or  offering  for  sale,  brokering  or  distribution  of
      manufactured  homes, primarily to a person who, in good faith, purchases
      these homes for purposes other than resale.
        11. "Secretary" means the secretary of state.
        12. "Service" means the modification,  alteration  or  repair  of  the
      structural systems of a manufactured home.
        13.  "State  administrative  agency"  or "SAA" means the department of
      state which has been approved to carry out the state  plan  and  enforce
      the  national manufactured housing construction and safety standards act
      (42 USC 5401, et seq.) within the state of New  York,  and  that  office
      within the department of state that has been designated by the secretary
      to perform such duties.
        14.  "Advisory  council"  shall mean the manufactured housing advisory
      council.