Bill Text: NY A06423 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to penalties for building code violations and nuisances and for landlords who allow tenants to violate such building codes or create nuisances.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2014-01-08 - referred to housing [A06423 Detail]

Download: New_York-2013-A06423-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6423--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 26, 2013
                                      ___________
       Introduced  by  M. of A. ROBERTS, COOK, JAFFEE, MONTESANO -- Multi-Spon-
         sored by -- M. of A. ARROYO, HIKIND, MAGEE, WEISENBERG  --  read  once
         and referred to the Committee on Housing -- committee discharged, bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the multiple dwelling law, in relation to penalties  for
         building  code  violations  and  nuisances and for landlords who allow
         tenants to violate building codes or create nuisances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  multiple  dwelling  law  is  amended by adding a new
    2  section 305-a to read as follows:
    3    S 305-A. PENALTIES FOR BUILDING  CODE  VIOLATIONS  AND  NUISANCES.  1.
    4  MUNICIPALITIES, TOWNS, VILLAGES AND CITIES MAY FINE A LANDLORD WHO FAILS
    5  TO REMEDY A BUILDING CODE VIOLATION OR NUISANCE ON THEIR PROPERTY.
    6    A. SUCH FINE SHALL BE FOR A FIXED AMOUNT ON A FEE SCALE ESTABLISHED BY
    7  THE  MUNICIPALITY,  TOWN,  VILLAGE OR CITY AND SHALL BE EXCLUSIVE OF ANY
    8  SURCHARGES OR FEES ASSESSED BY THE MUNICIPALITY, TOWN, VILLAGE OR CITY.
    9    B. THE AMOUNT OF THE FINES  SHALL  RANGE  BETWEEN  TWO  HUNDRED  FIFTY
   10  DOLLARS  AND FIVE THOUSAND DOLLARS DEPENDING ON THE NATURE AND EXTENT OF
   11  THE VIOLATION OR NUISANCE AND THE FEE SCALE ESTABLISHED BY  THE  MUNICI-
   12  PALITY, TOWN, VILLAGE OR CITY.
   13    2.  IN  THE EVENT THAT SUCH BUILDING CODE VIOLATION OR NUISANCE IS THE
   14  RESULT OF ACTIONS TAKEN BY A TENANT RESIDING IN THE BUILDING  THE  LAND-
   15  LORD MAY DEDUCT THE COST OF SUCH FINES FROM THE TENANT'S SECURITY DEPOS-
   16  IT.
   17    3. IN ORDER FOR A LANDLORD TO BE FINED UNDER THIS SECTION THE LANDLORD
   18  SHALL:
   19    A.  HAVE  RECEIVED ACTUAL NOTICE OF THE BUILDING CODE VIOLATION AND/OR
   20  NUISANCE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09554-02-3
       A. 6423--A                          2
    1    B. HAVE FAILED TO TAKE ANY ACTION TO CURE SUCH VIOLATION OR  NUISANCE,
    2  AND
    3    C. MORE THAN THIRTY DAYS HAVE PASSED SINCE THE LANDLORD RECEIVED ACTU-
    4  AL NOTICE OF THE BUILDING CODE VIOLATION OR NUISANCE.
    5    S 2. This act shall take effect on the one hundred twentieth day after
    6  it shall have become a law.