senate Bill S3165

Amended

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

  • 31 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 24 / Jan / 2014
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 24 / Jan / 2014
    • PRINT NUMBER 3165A

Summary

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

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Bill Details

Versions:
S3165
S3165A
Legislative Cycle:
2013-2014
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:
2011-2012: S450
2009-2010: S3857

Sponsor Memo

BILL NUMBER:S3165

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

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

SUMMARY OF PROVISIONS: This bill would authorize localities to estab-
lish 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, tax code enforcement has been exacer-
bated 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 quali-
ty of the state's housing stock.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  3165

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced by Sens. KRUEGER, 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.
                                                           LBD00960-01-3

S. 3165                             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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