Bill Text: NY S03819 | 2025-2026 | General Assembly | Introduced


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: (Introduced) 2025-01-30 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03819 Detail]

Download: New_York-2025-S03819-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3819

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 30, 2025
                                       ___________

        Introduced  by  Sens. RIVERA, FERNANDEZ, HARCKHAM, JACKSON, SEPULVEDA --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Housing, Construction and Community Development

        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
    18  [more  than  one  thousand dollars per day of violation, or imprisonment
    19  not exceeding one year, or both for the first one hundred  eighty  days,
    20  and  for  the following one hundred eighty days shall be punishable by a
    21  fine of no less than twenty-five dollars and not more than one  thousand
    22  dollars  per day of violation or imprisonment not exceeding one year, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07999-01-5

        S. 3819                             2

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

        S. 3819                             3

     1  not  less  than one hundred fifty dollars nor more than one thousand two
     2  hundred dollars per day.
     3    (4)  Provided, however, that in addition to the other penalties herein
     4  provided, a person who makes a false certification of  correction  of  a
     5  violation shall be subject to a civil penalty as follows:
     6    (i)  For each non-hazardous violation falsely certified, not less than
     7  fifty dollars nor more than two hundred fifty dollars;
     8    (ii) For each hazardous violation falsely certified, not less than two
     9  hundred fifty dollars nor more than five hundred dollars; and
    10    (iii) For each immediately hazardous violation falsely certified,  not
    11  less than five hundred dollars nor more than one thousand dollars.
    12    § 3. This act shall take effect immediately.
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