Definitions

§ 601. Definitions. For the purposes of this title, 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.