senate Bill S450

Authorizes administrative enforcement of state and local housing maintenance laws

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 18 / Mar / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 13 / Apr / 2011
    • DEFEATED IN HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 04 / Jan / 2012
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Authorizes localities to establish administrative proceedings for the enforcement of state and local housing maintenance codes; permits administratively imposed penalties to be dockets and enforced in the same manner as a judgement in a civil action without further judicial proceedings.

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Bill Details

See Assembly Version of this Bill:
A1773
Versions:
S450
Legislative Cycle:
2011-2012
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd §3, Mult Dwell L; amd §304, Mult Res L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3857, A5674
2007-2008: A7418

Votes

2
4
2
Aye
4
Nay
0
aye with reservations
0
absent
2
excused
0
abstained
show Housing, Construction and Community Development committee vote details
aye (2)
excused (2)

Sponsor Memo

BILL NUMBER:S450

TITLE OF BILL:
An act
to amend the multiple dwelling law and the multiple residence law,
in relation to authorizing administrative
imposition of civil penalties in the enforcement of state and local
housing maintenance laws

PURPOSE:
To authorize administrative proceedings for the enforcement of housing
maintenance codes.

SUMMARY OF PROVISIONS:
This bill would authorize localities to establish administrative
proceedings, in addition to judicial proceedings, for the enforcement of
housing maintenance codes. Administratively imposed penalties would be
docketed and enforced in the same manner as a judgement in a civil
action without judicial proceedings.

JUSTIFICATION:
Presently, localities are required to enforce their housing codes
through judicial proceedings. Several localities, however, are slow in
their enforcement measures and in some cases actions are not taken
because the courts are backlogged with summary eviction proceedings. The
most glaring example is New York City which has millions of outstanding
code violations. The amount of fines owed the City from unenforced
violations from scofflaw landlords is substantial. In NYC and other
municipalities, lax code enforcement has been exacerbated by severe
state cutbacks in support for local governments' code enforcement
activities. This bill would simply authorize localities to adopt
administrative proceedings as an alternative to court action for the
enforcement of housing code violations. This alternative could generate
substantial revenues as well as preserve and improve the quality of the
state's housing stock.

PRIOR LEGISLATIVE HISTORY:
2002: S.6899
2003-04: S.3096
2005-06: S.1456
2007-08: S.3401
2009-10: S.3857

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   450

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. KRUEGER, DUANE, HUNTLEY, STAVISKY -- 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 multiple dwelling law and the multiple residence
  law, in relation to authorizing  administrative  imposition  of  civil
  penalties  in  the  enforcement of state and local housing maintenance
  laws

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs  a  and b of subdivision 4 of section 3 of the
multiple dwelling law, as amended by chapter 516 of the  laws  of  1983,
are amended to read as follows:
  a.   Any city, town or village may make local laws, ordinances, resol-
utions or regulations not less restrictive than those provided  in  this
chapter  and  may  provide  for  their enforcement by legal or equitable
actions or proceedings, OR BY ADMINISTRATIVE PROCEEDINGS, and  prescribe
the  penalties,  sanctions  and remedies for violations thereof.  In the
enforcement and administration of  this  chapter  in  a  city  of  three
hundred  twenty-five  thousand or more persons, the penalties, sanctions
and remedies enacted by local law may be applied, notwithstanding  their
inconsistency with this chapter, or the provisions of this chapter.
  b.  In  a  city of three hundred twenty-five thousand or more persons,
such local laws may authorize such actions or  proceedings  against  the
owner, lessee of a whole multiple dwelling, agent or other person having
control  of  such  dwelling,  and  any responsible party, or against the
dwelling in rem. Such local laws may further authorize (1) that civil OR
ADMINISTRATIVELY IMPOSED penalties may be enforced  against  the  person
liable  therefor, and that in addition to the methods of enforcement for
judgments established in the civil practice law and rules, a lien may be
imposed against the premises and the  rents  therefrom;  (2)  that  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01791-01-1

S. 450                              2

civil  OR ADMINISTRATIVELY IMPOSED penalties may be enforced against the
dwelling by the imposition of a lien against the rents therefrom.
  S  2. Paragraph c of subdivision 4 of section 3 of the multiple dwell-
ing law, as amended by chapter 516 of the laws of 1978,  is  amended  to
read as follows:
  c.    Such  local  laws  may also authorize that all liens upon rents,
whether authorized by state or  local  law,  may  be  satisfied  without
further judicial proceedings by the collection of rents due or to become
due;  AND  MAY FURTHER AUTHORIZE THAT ADMINISTRATIVELY IMPOSED PENALTIES
MAY BE DOCKETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL
ACTION WITHOUT FURTHER JUDICIAL PROCEEDINGS.
  S 3. Section 304 of the multiple residence law is amended by adding  a
new subdivision 3 to read as follows:
  3.  IN  ADDITION  TO  THE PENALTIES IMPOSED IN SUBDIVISION ONE OF THIS
SECTION, ANY CITY, TOWN OR VILLAGE MAY PROVIDE FOR  THE  ENFORCEMENT  OF
THE PROVISIONS OF THIS CHAPTER OR OF LOCAL LAWS, ORDINANCES, RESOLUTIONS
OR REGULATIONS PROMULGATED PURSUANT HERETO BY ADMINISTRATIVE PROCEEDINGS
AND  MAY AUTHORIZE ADMINISTRATIVELY IMPOSED PENALTIES WHICH MAY BE DOCK-
ETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT  IN  A  CIVIL  ACTION
WITHOUT FURTHER JUDICIAL PROCEEDINGS.
  S  4.  This  act  shall take effect immediately and shall apply to any
proceedings commenced on or after such effective date.

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