Bill Text: NY S04087 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to willful neglect of real property prevention.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CITIES [S04087 Detail]

Download: New_York-2019-S04087-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4087
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 27, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to amend the New  York  city  charter,  in  relation  to  willful
          neglect of real property prevention
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The New York city  charter  is  amended  by  adding  a  new
     2  section 1807 to read as follows:
     3    §  1807.  Willful neglect of property prevention.  1. For the purposes
     4  of this section "willful neglect" shall  mean  improper  maintenance  or
     5  lack  of maintenance resulting in substantial deterioration of the prop-
     6  erty.
     7    2. Where there have been three or more good faith complaints, by or on
     8  behalf of the tenant, to the department of any  health  or  safety  law,
     9  regulation, code or ordinance, or any law of regulation which has as its
    10  objective the regulation of premises used for dwelling purposes within a
    11  period of one hundred twenty days and the conditions have not been reme-
    12  died  and  are not in the process of being remedied the department shall
    13  notify the tenants and the department of buildings  of  the  failure  to
    14  repair.
    15    3.  Upon  the  consensus of more than fifty percent of the tenants, an
    16  action shall be commenced by the city to compel  the  person  or  entity
    17  required  to maintain the property to undertake repairs and if necessary
    18  to cease and desist from removing and destroying structural,  mechanical
    19  and electrical systems necessary for the delivery of essential services,
    20  including appliances, to the tenants.
    21    4.  If  the  repairs  are not completed or if the removed or destroyed
    22  systems have not been replaced within ninety days of  the  judgment  the
    23  department  shall  notify  the person or entity required to maintain the
    24  property that the city shall place a lien on the property equal  to  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05947-01-9
        S. 4087                             2
     1  costs  of  the repairs, improvements, replacement and treatment measures
     2  required to remedy the property and the administrative fees.
     3    5. The department shall assess and prepare a list of repairs, improve-
     4  ments,  replacements and treatment measures to be taken by the person or
     5  entity required to maintain the property.
     6    6. The department shall assign a community based  housing  development
     7  corporation to manage the repairs.
     8    7.  The repairs shall be financed by personal income tax revenue bonds
     9  authorized by the New York state housing finance agency.
    10    8. The person or entity required to maintain  the  property  shall  be
    11  responsible  for  reimbursing the city for the costs of repairs in addi-
    12  tion to interest and penalties and any administrative management fees.
    13    9. Should the repairs, improvements or replacements require relocation
    14  of the tenant the person or entity required  to  maintain  the  property
    15  must, at the tenant's option, either relocate the tenant to a comparable
    16  housing  accommodation  in  a closely proximate area that is the same or
    17  lower rent or compensate the tenant in  an  amount  necessary  to  cover
    18  their costs of relocation for the duration of the repair.
    19    10.  The  department shall create an "imminent danger" list of proper-
    20  ties for which more than five complaints  have  been  filed  during  the
    21  course  of  any given calendar year. Said list shall be available on the
    22  department's website.
    23    11. This section shall not preempt, reduce  or  limit  any  rights  or
    24  obligations  imposed by any state or local laws with respect to property
    25  maintenance and a locality's ability to enforce those laws or a tenant's
    26  right to be restored to the vacated premises.
    27    § 2. This act shall take effect immediately.