senate Bill S1738

Imposes penalties for non-compliance of division of housing and community renewal orders

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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

  • 09 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Imposes penalties for non-compliance of DHCR orders by owners of multiple dwelling units; provides a fine of $5,000 for each instance of non-compliance.

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Bill Details

See Assembly Version of this Bill:
A1125
Versions:
S1738
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Public Housing Law
Laws Affected:
Add §14-a, Pub Hous L; add Title 26 Chap 1 §26-101, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3115, A1717
2009-2010: A10922, A10922

Sponsor Memo

BILL NUMBER:S1738

TITLE OF BILL:
An act
to amend the public housing law and the administrative code of
the city of New
York, in relation to penalties for non-compliance of division of
housing and community renewal orders

PURPOSE OR GENERAL IDEA OF BILL:
This bill would penalize landlords for noncompliance with division of
housing and community renewal orders.

SUMMARY OF SPECIFIC PROVISIONS:
The public housing law is amended by adding section 14-a, stating that
any landlord or owner of a multiple dwelling who fails to comply with
any order by the division of housing shall be subject to a fine of
not more than five thousand dollars for each instance of
non-compliance.

Title 26 of the administrative code of the city of New York is amended
by adding a new Chapter 1 to read as follows:
Penalties for non-compliance.

1. Any owner of a dwelling unit who fails to comply with any order by
the division of housing and community renewal shall be subject to a
fine of not more than five thousand dollars for each instance of
non-compliance.

2. For purposes of this section, the term "owner" shall mean and
include the owner or owners of the freehold of the premises or lesser
state therein, a mortgage or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent, or any other person, firm
or corporation, directly or indirectly in control of a dwelling.

JUSTIFICATION:
Legislative efforts to improve housing conditions and assure
protections for tenants axe stymied if building owners simply ignore
government orders and regulations. BY institutionalizing the sensible
policy of issuing financial penalties for non-compliance with
Division of Housing and Community Renewal orders, existing and future
tenants are more likely to be protected.

PRIOR LEGISLATIVE HISTORY: A.10922 of 2010

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

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

                                  1738

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 public housing law and the  administrative  code  of
  the  city  of New York, in relation to penalties for non-compliance of
  division of housing and community renewal orders

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

  Section  1.  The public housing law is amended by adding a new section
14-a to read as follows:
  S 14-A. PENALTIES FOR NON-COMPLIANCE.  ANY  LANDLORD  OR  OWNER  OF  A
MULTIPLE  DWELLING WHO FAILS TO COMPLY WITH ANY ORDER BY THE DIVISION OF
HOUSING SHALL BE SUBJECT TO A  FINE  OF  NOT  MORE  THAN  FIVE  THOUSAND
DOLLARS FOR EACH INSTANCE OF NON-COMPLIANCE.
  S  2.  Title  26 of the administrative code of the city of New York is
amended by adding a new chapter 1 to read as follows:
                                CHAPTER 1
                              MISCELLANEOUS
SECTION 26-101 PENALTIES FOR NON-COMPLIANCE.
  S 26-101 PENALTIES FOR NON-COMPLIANCE. 1. ANY OWNER OF A DWELLING UNIT
WHO FAILS TO COMPLY WITH ANY ORDER BY THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL SHALL BE SUBJECT TO A FINE OF NOT MORE THAN  FIVE  THOUSAND
DOLLARS FOR EACH INSTANCE OF NON-COMPLIANCE.
  2. FOR PURPOSES OF THIS SECTION:
  (A) THE TERM "OWNER" SHALL MEAN AND INCLUDE THE OWNER OR OWNERS OF THE
FREEHOLD OF THE PREMISES OR LESSER ESTATE THEREIN, A MORTGAGEE OR VENDEE
IN  POSSESSION,  ASSIGNEE OF RENTS, RECEIVER, EXECUTOR, TRUSTEE, LESSEE,
AGENT, OR ANY OTHER PERSON, FIRM OR CORPORATION, DIRECTLY OR  INDIRECTLY
IN CONTROL OF A DWELLING; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02336-01-3

S. 1738                             2

  (B)  THE TERM "DWELLING UNIT" SHALL MEAN ANY RESIDENTIAL ACCOMMODATION
IN A MULTIPLE DWELLING OR PRIVATE DWELLING.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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