Bill Text: NY S02196 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires that any penalties for violations of housing standards or building and fire codes be assessed and imposed within fourteen days; increases certain fine amounts for violations of housing standards.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-06-07 - COMMITTED TO RULES [S02196 Detail]

Download: New_York-2023-S02196-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2196--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 19, 2023
                                       ___________

        Introduced by Sens. RIVERA, FERNANDEZ, HARCKHAM, SEPULVEDA -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on  Housing,  Construction and Community Development -- recommitted to
          the Committee on Housing, Construction and  Community  Development  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee

        AN ACT to amend the executive law and the  administrative  code  of  the
          city of New York, in relation to imposing certain penalties related to
          violations  of  building  and fire code standards within fourteen days
          and increasing certain fines for violations of housing standards

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2  of  section  382 of the executive law, as
     2  amended by chapter 571 of the laws of 2021, is amended and a new  subdi-
     3  vision 5 is added to read as follows:
     4    2.  Any person, having been served, either personally or by registered
     5  or certified mail, with an order to remedy any condition found to  exist
     6  in,  on,  or  about  any  building  in  violation  of  the  uniform fire
     7  prevention and building code, who shall fail to comply with  such  order
     8  within  the  time  fixed by the regulations promulgated by the secretary
     9  pursuant to subdivision one of section three hundred eighty-one of  this
    10  article,  such  time  period  to  be stated in the order, and any owner,
    11  builder,  architect,  tenant,  contractor,  subcontractor,  construction
    12  superintendent  or  their  agents  or  any  other  person taking part or
    13  assisting in the  construction  of  any  building  who  shall  knowingly
    14  violate  any  of  the  applicable  provisions of the uniform code or any
    15  lawful order of a local government, a county or the secretary made ther-
    16  eunder  regarding  standards  for  construction,  maintenance,  or  fire
    17  protection  equipment  and systems, shall be punishable by a fine of not

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02969-03-4
        S. 2196--B                          2

     1  [more than one thousand dollars per day of  violation,  or  imprisonment
     2  not  exceeding  one year, or both for the first one hundred eighty days,
     3  and for the following one hundred eighty days shall be punishable  by  a
     4  fine  of no less than twenty-five dollars and not more than one thousand
     5  dollars per day of violation or imprisonment not exceeding one year,  or
     6  both  and thereafter shall be punishable by a fine of no less than fifty
     7  dollars and not more than one thousand dollars  per  day  of  violation]
     8  less  than  twenty-five  dollars nor more than one hundred fifty dollars
     9  for each non-hazardous violation, not less than fifty dollars  nor  more
    10  than  five  hundred  dollars  per  day for each hazardous violation, two
    11  hundred dollars per day for each immediately hazardous violation, occur-
    12  ring in a multiple dwelling containing ten or fewer dwelling units, from
    13  the date set for  correction  in  the  notice  of  violation  until  the
    14  violation  is  corrected, and not less than one hundred dollars nor more
    15  than one thousand five hundred dollars and, in addition, not  less  than
    16  one  hundred  twenty-five dollars nor more than one thousand dollars per
    17  day for each immediately hazardous violation, occurring  in  a  multiple
    18  dwelling  containing more than ten dwelling units, from the date set for
    19  correction in the notice of violation until the violation is  corrected,
    20  or  imprisonment  not  exceeding  one year, or both.   A person making a
    21  false certification of correction of a violation shall be subject  to  a
    22  civil  penalty in the following amounts, in addition to the other penal-
    23  ties herein provided: not less than five hundred dollars nor  more  than
    24  two  thousand  five  hundred  dollars  for  each  immediately  hazardous
    25  violation falsely certified, not less than two hundred fifty dollars nor
    26  more than five hundred dollars  for  each  hazardous  violation  falsely
    27  certified,  and  not  less  than fifty dollars nor more than two hundred
    28  fifty dollars for each non-hazardous violation falsely certified.
    29    5. Any daily penalty  levied  pursuant  to  subdivision  two  of  this
    30  section  on  a person who is in violation of the uniform fire prevention
    31  and building code and who has failed to comply with an order  to  remedy
    32  such  violation  within the time fixed by the regulations promulgated by
    33  the secretary pursuant to  subdivision  one  of  section  three  hundred
    34  eighty-one  of  this  article  shall be assessed no later than the four-
    35  teenth day of such violation.
    36    § 2.  Subdivision (a) of section 27-2115 of the administrative code of
    37  the city of New York, as amended by local law number 71 of the  city  of
    38  New York for the year 2023, is amended to read as follows:
    39    (a)  In  addition  to  any other penalty authorized by this chapter, a
    40  person who violates any law  relating  to  housing  standards  shall  be
    41  subject to a civil penalty as follows:
    42    (1)  For each non-hazardous violation, not less than fifty dollars nor
    43  more than one hundred fifty dollars, and, in addition, from the date set
    44  for correction in  the  notice  of  violation  until  the  violation  is
    45  corrected, twenty-five dollars per day;
    46    (2)  For  each hazardous violation, not less than seventy-five dollars
    47  nor more than five hundred dollars, and, in addition, from the date  set
    48  for  correction  in  the  notice  of  violation  until  the violation is
    49  corrected, not less than twenty-five dollars nor more than  one  hundred
    50  twenty-five dollars per day; and
    51    (3) For each immediately hazardous violation:
    52    (i)  In  a  multiple  dwelling containing [five] ten or fewer dwelling
    53  units, not less than one hundred  fifty  dollars  nor  more  than  seven
    54  hundred  fifty  dollars,  and,  in  addition,  from  the  date  set  for
    55  correction in the notice of violation until the violation is  corrected,
        S. 2196--B                          3

     1  not  less than fifty dollars nor more than one hundred fifty dollars per
     2  day; and
     3    (ii)  In  a multiple dwelling containing more than [five] ten dwelling
     4  units, not less than one hundred fifty dollars nor more than  one  thou-
     5  sand  two  hundred  dollars,  and,  in  addition,  from the date set for
     6  correction in the notice of violation until the violation is  corrected,
     7  not  less  than one hundred fifty dollars nor more than one thousand two
     8  hundred dollars per day.
     9    (4) Provided, however, that in addition to the other penalties  herein
    10  provided,  a  person  who makes a false certification of correction of a
    11  violation shall be subject to a civil penalty as follows:
    12    (i) For each non-hazardous violation falsely certified, not less  than
    13  fifty dollars nor more than two hundred fifty dollars;
    14    (ii) For each hazardous violation falsely certified, not less than two
    15  hundred fifty dollars nor more than five hundred dollars; and
    16    (iii)  For each immediately hazardous violation falsely certified, not
    17  less than five hundred dollars nor more than one thousand dollars.
    18    § 3. This act shall take effect immediately.