Bill Text: NY A00660 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes localities to establish administrative proceedings for the enforcement of state and local housing maintenance codes; permits administratively imposed penalties to be docketed and enforced in the same manner as a judgment in a civil action without further judicial proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-09 - referred to housing [A00660 Detail]

Download: New_York-2019-A00660-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           660
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Housing
        AN ACT to amend the multiple dwelling law  and  the  multiple  residence
          law,  in  relation  to  authorizing administrative imposition of civil
          penalties in the enforcement of state and  local  housing  maintenance
          laws
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs a and b of subdivision 4 of  section  3  of  the
     2  multiple  dwelling  law,  as amended by chapter 516 of the laws of 1983,
     3  are amended to read as follows:
     4    a.  Any city, town or village may make local laws, ordinances,  resol-
     5  utions  or  regulations not less restrictive than those provided in this
     6  chapter and may provide for their  enforcement  by  legal  or  equitable
     7  actions  or proceedings, or by administrative proceedings, and prescribe
     8  the penalties, sanctions and remedies for violations thereof.    In  the
     9  enforcement  and  administration  of  this  chapter  in  a city of three
    10  hundred twenty-five thousand or more persons, the  penalties,  sanctions
    11  and  remedies enacted by local law may be applied, notwithstanding their
    12  inconsistency with this chapter, or the provisions of this chapter.
    13    b. In a city of three hundred twenty-five thousand  or  more  persons,
    14  such  local  laws  may authorize such actions or proceedings against the
    15  owner, lessee of a whole multiple dwelling, agent or other person having
    16  control of such dwelling, and any  responsible  party,  or  against  the
    17  dwelling in rem. Such local laws may further authorize (1) that civil or
    18  administratively  imposed  penalties  may be enforced against the person
    19  liable therefor, and that in addition to the methods of enforcement  for
    20  judgments established in the civil practice law and rules, a lien may be
    21  imposed  against  the  premises  and  the rents therefrom; (2) that such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02605-01-9

        A. 660                              2
     1  civil or administratively imposed penalties may be enforced against  the
     2  dwelling by the imposition of a lien against the rents therefrom.
     3    §  2. Paragraph c of subdivision 4 of section 3 of the multiple dwell-
     4  ing law, as amended by chapter 516 of the laws of 1978,  is  amended  to
     5  read as follows:
     6    c.    Such  local  laws  may also authorize that all liens upon rents,
     7  whether authorized by state or  local  law,  may  be  satisfied  without
     8  further judicial proceedings by the collection of rents due or to become
     9  due;  and  may further authorize that administratively imposed penalties
    10  may be docketed and enforced in the same manner as a judgment in a civil
    11  action without further judicial proceedings.
    12    § 3. Section 304 of the multiple residence law is amended by adding  a
    13  new subdivision 3 to read as follows:
    14    3.  In  addition  to  the penalties imposed in subdivision one of this
    15  section, any city, town or village may provide for  the  enforcement  of
    16  the provisions of this chapter or of local laws, ordinances, resolutions
    17  or regulations promulgated pursuant hereto by administrative proceedings
    18  and  may authorize administratively imposed penalties which may be dock-
    19  eted and enforced in the same manner as a judgment  in  a  civil  action
    20  without further judicial proceedings.
    21    §  4.  This  act shall take effect on the thirtieth day after it shall
    22  have become a law and shall apply to any  proceedings  commenced  on  or
    23  after such effective date.
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