Bill Text: NY S07287 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Increases the state code enforcement powers of the secretary of state by establishing a state code enforcement office headed by an ombudsperson.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2020-02-12 - referred to governmental operations [S07287 Detail]

Download: New_York-2019-S07287-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7287

                    IN SENATE

                                    January 16, 2020
                                       ___________

        Introduced  by  Sen.  BAILEY -- 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, in relation to increasing the state
          code enforcement powers of the secretary of state

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

     1    Section  1.  Paragraph b of subdivision 1 of section 381 of the execu-
     2  tive law, as amended by chapter 560 of the laws of 2010, is  amended  to
     3  read as follows:
     4    b.  the  adequate  number [and] of staff required to meet the needs of
     5  the locality to be determined by looking at factors, including, but  not
     6  limited to, population and geographic area,
     7    b-1.  the qualifications of staff, including requirements that inspec-
     8  tors be certified pursuant to this chapter,
     9    § 2. Paragraph c of subdivision 4 of section 381 of the executive law,
    10  as added by chapter 707 of the laws of 1981, is amended and a new  para-
    11  graph e is added to read as follows:
    12    c.  [the]  The  secretary may designate the county in which such local
    13  government is located to administer and enforce the uniform code in such
    14  local government. In the case of such  designation,  the  provisions  of
    15  subdivision five of this section shall apply.
    16    e.  The  secretary  may  place  an  oversight  official within a local
    17  government to monitor and ensure compliance with the  minimum  standards
    18  for  administration  and enforcement of the uniform code.  The oversight
    19  official shall be a state officer with expertise and experience in  code
    20  enforcement  and  other qualifications determined by the secretary to be
    21  appropriate for the position. The placement  of  an  oversight  official
    22  shall  be  for  a  period of up to one year and extended as necessary as
    23  determined by the secretary. Local government staff  shall  comply  with
    24  all directives issued by the oversight official.
    25    §  3.  The  executive  law is amended by adding a new section 381-a to
    26  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13975-04-0
        S. 7287                             2

     1    § 381-a. State code enforcement ombudsperson. 1. Definitions.  For the
     2  purposes of this section:
     3    a. "Secretary" means the secretary of state;
     4    b.  "Code enforcement" means the administration and enforcement of the
     5  uniform fire prevention code and building code promulgated in accordance
     6  with sections three hundred seventy-seven  and  three  hundred  seventy-
     7  eight  of this article and the state energy conservation code adopted in
     8  accordance with article eleven of the energy law, and any local building
     9  and fire regulations enacted or adopted by any local government that are
    10  in effect pursuant to section three hundred seventy-nine of  this  arti-
    11  cle; and
    12    c. "Ombudsperson" shall mean the state code enforcement ombudsperson.
    13    2.  Office  of  the  state  code enforcement ombudsperson. a. There is
    14  hereby established the office of state code enforcement ombudsperson  in
    15  the  department of state division of building standards and codes, which
    16  shall be headed by the state code enforcement  ombudsperson,  who  shall
    17  carry out the duties established in this section.
    18    b. The office of the state code enforcement ombudsperson is a distinct
    19  entity,  separately  identifiable  and  located within the department of
    20  state division of building standards and codes.
    21    c. The secretary shall not establish personnel policies  or  practices
    22  which  prohibit  the  ombudsperson  from  performing  the  functions and
    23  responsibilities of the ombudsperson, pursuant to this section.
    24    d. Nothing in this section shall prohibit the secretary of state  from
    25  requiring  that  the  ombudsperson,  or other employees of the office of
    26  state code enforcement ombudsperson, adhere to  the  personnel  policies
    27  and procedures of the department of state.
    28    3. State code enforcement ombudsperson. a. The secretary shall appoint
    29  a  full-time  ombudsperson to administer and supervise the office of the
    30  state code enforcement ombudsperson.
    31    b. The ombudsperson shall be selected from individuals with  expertise
    32  and  experience  in code enforcement and other qualifications determined
    33  by the secretary to be appropriate for the position.
    34    c. Any actual and potential conflicts of interest shall be  identified
    35  and addressed in accordance with subdivision seven of this section.
    36    d. The ombudsperson, personally or through authorized representatives,
    37  shall:
    38    (1)  identify,  investigate  and  resolve  complaints  that  relate to
    39  actions or inactions of a local code enforcement program. The ombudsper-
    40  son may, in pursuing its investigation, visit  any  locality  conducting
    41  code  enforcement  at  any  time without prior notice.  Local government
    42  staff shall cooperate with the  investigation.  The  ombudsperson  shall
    43  have  the  right  to  inspect  all  aspects of a local government's code
    44  enforcement program, visit all areas and observe all parts  and  aspects
    45  of  the program. Nothing in this section shall be construed as authoriz-
    46  ing the state ombudsperson to assume powers delegated to the secretary;
    47    (2) present significant complaints to the secretary regarding a local-
    48  ity's failure to meet minimum standards of code enforcement, the locali-
    49  ty's failure to adopt recommendations for resolution by the ombudsperson
    50  and any recommendations for intervention by the secretary;
    51    (3) recommend to the secretary policies and procedures for the  ombud-
    52  sperson program;
    53    (4)  recommend  policies,  regulations  and  legislation  designed  to
    54  enhance code enforcement;
        S. 7287                             3

     1    (5) monitor the implementation of  policies  and  regulations  of  the
     2  office  and  of the rules and regulations of other state and local agen-
     3  cies, as such may be applicable to code enforcement;
     4    (6)  advise  and  assist localities with adhering to minimum standards
     5  for administration and code enforcement; and
     6    (7) report to the secretary the status of  complaints  on  a  periodic
     7  basis,  but not less than once per quarter. Such report shall indicate a
     8  complaint has been resolved and the manner in which it was resolved, the
     9  status of implementation of any recommendations made by  the  ombudsper-
    10  son,  and whether the ombudsperson recommends intervention by the secre-
    11  tary.
    12    Notwithstanding any other provision of law, the office  of  the  state
    13  code  enforcement ombudsperson shall have access to, including the right
    14  to inspect and copy, any records necessary to carry out its  powers  and
    15  duties under this section, excluding those protected by statutory privi-
    16  lege. Consistent with applicable laws and regulations, the confidential-
    17  ity  of  all  records  and  documents obtained must be maintained by the
    18  office of the ombudsperson;
    19    4. Assistant ombudspeople. The ombudsperson, with the approval of  the
    20  secretary,  may  appoint  one  or  more assistant state code enforcement
    21  ombudspeople to assist the ombudsperson  in  the  performance  of  their
    22  duties  under  this section. Each such assistant ombudsperson must be an
    23  attorney duly authorized to practice law in the state  of  New  York  or
    24  must be verified as having certification as a code enforcement official.
    25    5.  Complaint  submission.  The ombudsperson, in consultation with the
    26  secretary, shall develop a complaint process that permits complaints  to
    27  be  submitted  electronically  through the internet, over the phone, via
    28  facsimile or through regular mail.
    29    6. The secretary shall promulgate rules and regulations  with  respect
    30  to a complaint investigation and review process by the ombudsperson that
    31  shall include, but is not limited to, the following features:
    32    a.  Upon  receipt  of  a  complaint,  the ombudsperson shall determine
    33  whether there are reasonable grounds for an investigation.
    34    b. Upon completion of an investigation, the ombudsperson shall issue a
    35  report detailing their findings, recommendations  for  resolutions,  and
    36  recommendations for intervention by the secretary, if any.
    37    c.  Should  the local code enforcement program decline to adopt any of
    38  the ombudsperson's recommendations, the ombudsperson  shall  notify  the
    39  secretary and include the report with any additional recommendations for
    40  intervention by the secretary.
    41    7.  Conflict  of  interest.  The  secretary and the ombudsperson shall
    42  consider both the organizational and individual  conflicts  of  interest
    43  that  may  impact  the  effectiveness and credibility of the work of the
    44  office of the state code enforcement ombudsperson. Accordingly, both the
    45  secretary and the ombudsperson shall be responsible to  identify  actual
    46  and  potential  conflicts  and,  where  a  conflict has been identified,
    47  remove or remedy such conflict.
    48    8. Regulations. The secretary, in consultation with the  ombudsperson,
    49  is  authorized  to  promulgate  rules  and  regulations to implement the
    50  provisions of this section.
    51    9. Annual report. On or before  December  thirty-first,  two  thousand
    52  twenty-one,  and  annually  thereafter, the ombudsperson shall submit to
    53  the governor, the secretary of state, the  temporary  president  of  the
    54  senate  and  the  speaker  of the assembly a report and make such report
    55  available to the public:
        S. 7287                             4

     1    a. describing the activities carried out by the office  of  the  state
     2  code enforcement ombudsperson during the prior calendar year;
     3    b. containing and analyzing data relating to complaints;
     4    c. evaluating the problems experienced by tenants and owners;
     5    d. containing recommendations for appropriate state legislation;
     6    e.  describing  barriers  that  prevent  the  optimal operation of the
     7  ombudsperson program;
     8    f. describing any organizational conflicts of interest in  the  ombud-
     9  sperson  program that have been identified and the steps taken to remove
    10  or remedy such conflicts; and
    11    g. any other matters as the ombudsperson,  in  consultation  with  the
    12  secretary, determines to be appropriate.
    13    § 4. This act shall take effect on the one hundred eightieth day after
    14  it  shall have become a law; provided, however, that section two of this
    15  act shall take effect on the sixtieth day after it shall have  become  a
    16  law.    Effective  immediately, the addition, amendment and/or repeal of
    17  any rule or regulation necessary for the implementation of this  act  on
    18  its  effective date are authorized to be made and completed on or before
    19  such effective date.