N.Y. Comp. Codes R. & Regs. tit. 19 § 1210.21

Current through Register Vol. 46, No. 51, December 18, 2024

Section 1210.21 - Civil penalties

(a) Any person or business entity found guilty, after a hearing, of violation of any provision of article 21-B (excluding the provisions set forth in section 609 of the Executive Law) or any provision of this Part shall be required to pay a civil penalty in such amount, not to exceed $1,000 for each such violation, and not to exceed $5,000 for more than one violation relating to any single manufactured home, as may be determined by the Department of State.

(b) Any manufacturer or retailer who violates any of the provisions set forth in section 609 of the Executive Law relating to manufactured housing, or any provisions set forth in this Part or in any other rule or regulation previously adopted or hereafter adopted by the Department of State, including provisions of the New York State Uniform Fire Prevention and Building Code relating to manufactured housing, shall be required to pay a civil penalty in such amount, not to exceed the maximum civil penalty established by section 609 of the Executive Law, for each such violation, as may be determined by the Department of State. Each violation constitutes a separate violation with respect to each manufactured housing unit. However, the civil penalty imposed pursuant to this subdivision for any related series of violations occurring within one year after the first violation in such series shall not exceed the maximum civil penalty established by section 609 of the Executive Law.

(c) The Department of State shall have the power to impose any civil penalty pursuant to this section administratively. Part 400 of this Title shall apply to any proceeding to impose a civil penalty pursuant to this section. For the purposes of applying Part 400 of this Title to any such proceeding, the term license shall be deemed to include a certification.

(d) The power of the Department of State to impose civil penalties pursuant to this section shall be in addition to, and not in limitation of, the power of the Department of State to suspend or revoke certifications to section 604 of the Executive Law and section 1210.20 (Suspension and revocation of certifications) of this Part.

(e) Nothing in this Part shall limit the powers and duties of the Attorney General, as defined in section 63 of the Executive Law, and nothing in this Part shall diminish or limit any other right or cause of action existing under any other provision of law.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1210.21

Amended New York State Register May 15, 2024/Volume XLVI, Issue 20, eff. 5/15/2024