The Law Office of Brian J. Herman

The Law Office of Brian J. Herman For over 35 years providing legal services to the community and beyond.

https://lawnotes.brooklaw.edu/issue/fall-2021/after-attica/
12/18/2021

https://lawnotes.brooklaw.edu/issue/fall-2021/after-attica/

On September 9, 1971, 1,281 incarcerated individuals at their breaking point took over the Attica Correctional Facility in Wyoming County, N.Y. Those men, mostly poor people of color, far from the five boroughs that most of them called home, asked only that their human dignity be respected by the st...

11/19/2017

Manufactured Homes: Frequently Asked Questions

What is a "manufactured home?"

A manufactured home was built on or after June 15, 1976, and bears a seal signifying conformance to the design and construction requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards. Manufactured homes are regulated by Article 21-B Manufactured Homes and Part 1210 Manufactured Home Regulations.
For the definition of a "manufactured home," see Chapter 2 of the Residential Code of New York State (RCNYS).

What is a "mobile home?"

A modular home is a factory-manufactured dwelling unit conforming to applicable provisions of the New York State Uniform Fire Prevention and Building Code (Uniform Code) and bearing insignia of approval issued by the Secretary of State of New York State. Modular homes are regulated by Part 1209 Regulations and Fees for Factory Manufactured Buildings.
For the definition of a "mobile home," see Chapter 2 of the RCNYS.

What is a "modular home?"

A modular home is a factory-manufactured dwelling unit conforming to applicable provisions of the New York State Uniform Fire Prevention and Building Code (Uniform Code) and bearing insignia of approval issued by the Secretary of State of New York State. Modular homes are regulated by Part 1209 Regulations and Fees for Factory Manufactured Buildings. For the definition of a "modular home," see Chapter 2 of the RCNYS.

What do Article 21-B Manufactured Homes and Part 1210 Manufactured Home Regulations require?
Article 21-B and Part 1210 require that:

Homes manufactured after 1/1/06 have a manufacturer's warranty seal.

Homes installed after 1/1/06, either new or relocated (even within the same park or community), get a building permit and an installer's warranty seal.

No person or business entity manufacture, sell, install, or service (service means structural repairs or alterations) a manufactured home unless the person or business is certified.

No person or business entity install or service a manufactured home unless at least one certified person is on-site.

Certificates of Occupancy not be issued until the warranty seals are installed in the largest closet in the largest bedroom.

Where can a list of certified individuals be found?

See the List of certified manufacturers, retailers, installers and mechanics of manufactured homes.

What are the responsibilities of the manufactured home installer?

Whether they actually perform the work or not, installers are responsible for anything that makes the home livable after delivery (e.g. - electrical connections, plumbing hook‑ups and site preparation) in compliance the applicable Codes and the construction documents.

What are the responsibilities of the code enforcement official (CEO)?

The CEO has responsibility for enforcing the Code for work performed at the site, but has no jurisdiction enforcing the requirements of HUD's Manufactured Home Construction and Safety Standards. In other words, the CEO cannot require changes to any assemblies or parts from the factory. However, any parts supplied by the factory that require field attachment or assembly should be verified by the CEO as having been installed properly using the manufacturer's installation manual as a guide.

Can the CEO rely on a certified individual to perform their responsibilities in compliance with the Code and not perform inspections?

NO, the CEO must still perform the required inspections.

Where can the requirements for the installation, alterations, additions, repairs or relocation of manufactured homes be found?

The requirements for the installation, alteration, addition, repair or relocation of manufactured homes can be found in Appendix E, Manufactured Housing Used as Dwellings, of the Residential Code of New York State (RCNYS).

Are any of the new engineered foundation tie down and support systems Code-complying?

YES, if they are installed according to the manufacturer's requirements and limitations. Approved systems are generally listed in the manufacturer's manual.

Are zoning or other local laws that require manufactured homes to be installed on something other than the standard pier and footing system legal?

NO, jurisdictions that regulate manufactured homes more restrictively than the RCNYS or the HUD standard, whether by zoning or other local law, must have these more restrictive local standards approved by the State Fire Prevention and Building Code Council. For information on zoning and other local laws, contact the NYS DOS Division of Local Government Services at (518) 473-3355.

Can an addition be constructed on a manufactured home?

YES, if the addition is structurally independent of the manufactured home. If the addition is structurally connected to the manufactured home, engineering calculations for the proposed structural connection is required. Additions are not required to be constructed by certified individuals, but openings (such as doorways) made in manufactured homes for access to additions have to be done by a certified installer or mechanic. The HUD-required second egress door cannot be used or blocked by an addition unless another egress door is provided.

https://www.dos.ny.gov/dcea/pdf/Part1209.pdf

05/04/2016

Manufactured Home Dispute Resolution assistance.

03/25/2016

Questions about your real property tax assessment? Call for a free telephone consultation.

01/09/2016

Manufactured Homes: Frequently Asked Questions

What is a "manufactured home?"

A manufactured home was built on or after June 15, 1976, and bears a seal signifying conformance to the design and construction requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards. Manufactured homes are regulated by Article 21-B Manufactured Homes and Part 1210 Manufactured Home Regulations.
For the definition of a "manufactured home," see Chapter 2 of the Residential Code of New York State (RCNYS).

What is a "mobile home?"

A modular home is a factory-manufactured dwelling unit conforming to applicable provisions of the New York State Uniform Fire Prevention and Building Code (Uniform Code) and bearing insignia of approval issued by the Secretary of State of New York State. Modular homes are regulated by Part 1209 Regulations and Fees for Factory Manufactured Buildings.
For the definition of a "mobile home," see Chapter 2 of the RCNYS.

What is a "modular home?"

A modular home is a factory-manufactured dwelling unit conforming to applicable provisions of the New York State Uniform Fire Prevention and Building Code (Uniform Code) and bearing insignia of approval issued by the Secretary of State of New York State. Modular homes are regulated by Part 1209 Regulations and Fees for Factory Manufactured Buildings. For the definition of a "modular home," see Chapter 2 of the RCNYS.

What do Article 21-B Manufactured Homes and Part 1210 Manufactured Home Regulations require?
Article 21-B and Part 1210 require that:

Homes manufactured after 1/1/06 have a manufacturer's warranty seal.

Homes installed after 1/1/06, either new or relocated (even within the same park or community), get a building permit and an installer's warranty seal.

No person or business entity manufacture, sell, install, or service (service means structural repairs or alterations) a manufactured home unless the person or business is certified.

No person or business entity install or service a manufactured home unless at least one certified person is on-site.

Certificates of Occupancy not be issued until the warranty seals are installed in the largest closet in the largest bedroom.

Where can a list of certified individuals be found?

See the List of certified manufacturers, retailers, installers and mechanics of manufactured homes.

What are the responsibilities of the manufactured home installer?

Whether they actually perform the work or not, installers are responsible for anything that makes the home livable after delivery (e.g. - electrical connections, plumbing hook‑ups and site preparation) in compliance the applicable Codes and the construction documents.

What are the responsibilities of the code enforcement official (CEO)?

The CEO has responsibility for enforcing the Code for work performed at the site, but has no jurisdiction enforcing the requirements of HUD's Manufactured Home Construction and Safety Standards. In other words, the CEO cannot require changes to any assemblies or parts from the factory. However, any parts supplied by the factory that require field attachment or assembly should be verified by the CEO as having been installed properly using the manufacturer's installation manual as a guide.

Can the CEO rely on a certified individual to perform their responsibilities in compliance with the Code and not perform inspections?

NO, the CEO must still perform the required inspections.

Where can the requirements for the installation, alterations, additions, repairs or relocation of manufactured homes be found?

The requirements for the installation, alteration, addition, repair or relocation of manufactured homes can be found in Appendix E, Manufactured Housing Used as Dwellings, of the Residential Code of New York State (RCNYS).

Are any of the new engineered foundation tie down and support systems Code-complying?

YES, if they are installed according to the manufacturer's requirements and limitations. Approved systems are generally listed in the manufacturer's manual.

Are zoning or other local laws that require manufactured homes to be installed on something other than the standard pier and footing system legal?

NO, jurisdictions that regulate manufactured homes more restrictively than the RCNYS or the HUD standard, whether by zoning or other local law, must have these more restrictive local standards approved by the State Fire Prevention and Building Code Council. For information on zoning and other local laws, contact the NYS DOS Division of Local Government Services at (518) 473-3355.

Can an addition be constructed on a manufactured home?

YES, if the addition is structurally independent of the manufactured home. If the addition is structurally connected to the manufactured home, engineering calculations for the proposed structural connection is required. Additions are not required to be constructed by certified individuals, but openings (such as doorways) made in manufactured homes for access to additions have to be done by a certified installer or mechanic. The HUD-required second egress door cannot be used or blocked by an addition unless another egress door is provided.

https://www.dos.ny.gov/dcea/pdf/Part1209.pdf

01/09/2016

Have you purchased a manufactured home or mobile home from a dealer? Are there defects? Did you get a certificate of occupancy? Did the installer affix a warranty deal on your mobile home? If your home was not delivered in accordance with law, you may be entitled to a financial recovery from the installer or retailer. Contact us for a free telephone consultation.

Have you purchased a manufactured home or mobile home from a dealer?  Are there defects?  Did you get a certificate of o...
12/21/2015

Have you purchased a manufactured home or mobile home from a dealer? Are there defects? Did you get a certificate of occupancy? Did the installer affix a warranty deal on your mobile home? If your home was not delivered in accordance with law, you may be entitled to a financial recovery from the installer or retailer. Contact us for free telephone consultation.

Address

541 Warren Street
Hudson, NY
12534

Opening Hours

Monday 9:30am - 5pm
Tuesday 9:30am - 5pm
Wednesday 9:30am - 5pm
Thursday 9:30am - 5pm
Friday 9:30am - 5pm

Telephone

+15188283900

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