Bill Text: NY S08795 | 2021-2022 | General Assembly | Introduced

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

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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 in New York city.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-09 - referred to governmental operations [S08795 Detail]

Download: New_York-2021-S08795-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8795

                    IN SENATE

                                     April 18, 2022
                                       ___________

        Introduced  by  Sen.  RIVERA -- 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. Section 382 of the executive law is amended by adding a new
     2  subdivision 5 to read as follows:
     3    5. Any penalty levied pursuant to subdivision two of this section on a
     4  person who is in violation of the uniform fire prevention  and  building
     5  code and who has failed to comply with an order to remedy such violation
     6  within  the  time  fixed by the regulations promulgated by the secretary
     7  pursuant to subdivision one of section three hundred eighty-one of  this
     8  article  shall be assessed and imposed such penalty within fourteen days
     9  of such violation. Such person shall be notified at such time that  such
    10  penalty has been imposed.
    11    §  2. Subdivision (a) of section 27-2115 of the administrative code of
    12  the city of New York, as amended by local law number 65 of the  city  of
    13  New York for the year 1987, is amended to read as follows:
    14    (a)  A person who violates any law relating to housing standards shall
    15  be subject to a civil penalty of not less than [ten] one hundred dollars
    16  nor more than  [fifty]  five  hundred  dollars  for  each  non-hazardous
    17  violation,  not  less  than  [twenty-five] five hundred dollars nor more
    18  than one thousand five hundred dollars and ten dollars per day for  each
    19  hazardous violation, [fifty] one thousand dollars per day for each imme-
    20  diately hazardous violation, occurring in a multiple dwelling containing
    21  five  or  fewer  dwelling units, from the date set for correction in the
    22  notice of violation until the violation is corrected, and not less  than
    23  [fifty] one thousand dollars nor more than [one hundred fifty] ten thou-
    24  sand  dollars  and,  in  addition,  one  [hundred  twenty-five] thousand
    25  dollars per day for each immediately hazardous violation, occurring in a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14326-02-2
        S. 8795                             2

     1  multiple dwelling containing more than five  dwelling  units,  from  the
     2  date  set  for correction in the notice of violation until the violation
     3  is corrected.   A person [wilfully] willfully  making  a  false  certif-
     4  ication of correction of a violation shall be subject to a civil penalty
     5  of not less than [fifty] ten thousand dollars nor more than [two hundred
     6  fifty]  twenty-five  thousand  dollars for each violation falsely certi-
     7  fied, in addition to the other penalties herein provided.   Any  penalty
     8  levied pursuant to this subdivision shall be assessed and imposed within
     9  fourteen  days  of  such violation and such person in violation shall be
    10  notified at such time that such penalty has been imposed.
    11    § 3. This act shall take effect immediately.