Authorizes the utilization of manufactured housing for persons of lower, moderate or fixed income

BILL NUMBER:S4126

Title of bill

An act to amend the private housing finance law, in relation to enacting the affordable housing act relating to the utilization of manufactured housing as affordable housing for persons of lower, moderate or fixed incomes

Purpose

This legislation represents a study bill regarding 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 Article XXIV-A to the Private Housing Finance Law to join any municipality from prohibiting the installation of manufacture housing on a permanent foundation that is manufactured or constructed under the authority of the federal National Mobile Home Construction and Safety Act of 1974 (42 D.S.C. 5401 et seq.). It defines a "manufactured home" as a single-family dwelling which: consists of one or more transportable sections that are substantially constructed off site and, if more than one section, are joined together on site; is built on a permanent chassis; is designed to be used as a dwelling on a permanent foundation; and is manufactured in accordance with and certified pursuant to the standards promulgated for a manufactured home pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974.

The bill further provides that no municipality could enact or impose aesthetic and architectural standards or other requirements for single family residential dwellings that would have the effect of excluding manufactured housing. Uniform standards for roof overhang, roofing material, and siding material could be imposed consistent with the aforementioned restriction.

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, represents a study bill and is predicated on the belief that manufactured housing provides homeowners with an afford- able 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.6246 (2006-2007) A.4684 (2004)

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.