senate Bill S59

Increases civil penalties for violations of building maintenance standards within the city of New York

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Sponsor

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

Increases civil penalties for violations of state and local laws which pertain to building maintenance and operation within the city of New York.

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Bill Details

See Assembly Version of this Bill:
A5404
Versions:
S59
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง27-2115, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2011-2012: S601, A3988
2009-2010: S7393, A10627

Sponsor Memo

BILL NUMBER:S59

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in
relation to the imposition of civil
penalties for violation of state and local laws for building
maintenance and operation

PURPOSE:
To increase penalties for violation of laws for building maintenance
and operation.

SUMMARY OF PROVISIONS:
Subdivision (a) of section 27-2115 of the administrative code of the
City of New York, as amended by local law number 65 of the city of
New York for the year 1987 is amended. The bill would increase, to a
more reasonable amount, fines for violation of state and local laws
pertaining to building maintenance and operation. Violation of any
law relating to housing standards shall bring a penalty of not less
than fifteen dollars, nor more than seventy-five dollars for each
class A violation; not less than fifty dollars nor more than two
hundred and twenty dollars per day for each class B violation; and
fifty dollars per day for each class C violation occurring in a
multiple dwelling containing five or fewer dwelling units, from the
date set for correction in the notice of violation until the
violation is corrected, and not less than fifty dollars nor more than
one hundred fifty dollars per day for each class C violation,
occurring in a multiple dwelling containing more than five dwelling
units, from the date set for correction in the notice of violation
until the violation is corrected. Fines for false certification of
correction shall be raised to not less than seventy-five dollars or
more than three hundred dollars for each violation
falsely certified.

JUSTIFICATION:
Passage of the bill is important to keep fines for building violation
in line with present day costs.
This is especially important in the area of dangerous violations,
where there is a threat to health or life. The present fines are so
low that it is often less expensive for an owner found violating the
law to pay a fine a number of times than to improve the building.

LEGISLATIVE HISTORY:
2011-12: S.601
2010: S.7393/A.10627

FISCAL IMPLICATIONS:
To be determined.

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
________________________________________________________________________

                                   59

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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  administrative code of the city of New York, in
  relation to the imposition of civil penalties for violation  of  state
  and local laws for building maintenance and operation

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

  Section 1.  Subdivision (a) of section 27-2115 of  the  administrative
code  of  the city of New York, as amended by local law number 65 of the
city of New York for the year 1987, is amended to read as follows:
  (a)  A person who violates any law relating to housing standards shall
be subject to a civil penalty of not less than [ten] FIFTEEN dollars nor
more than [fifty] SEVENTY-FIVE dollars for each [non-hazardous] CLASS  A
violation, not less than [twenty-five] FIFTY dollars nor more than [one]
TWO hundred [dollars] and [ten] TWENTY dollars per day for each [hazard-
ous]  CLASS B violation, AND fifty dollars per day for each [immediately
hazardous] CLASS C violation, occurring in a multiple dwelling  contain-
ing  five  or  fewer dwelling units, from the date set for correction in
the notice of violation until the violation is corrected, and  not  less
than fifty dollars nor more than one hundred fifty dollars and, in addi-
tion,  one  hundred  twenty-five  dollars  per day for each [immediately
hazardous] CLASS C violation, occurring in a multiple dwelling  contain-
ing  more  than five dwelling units, from the date set for correction in
the notice of violation until the violation  is  corrected.    A  person
wilfully making a false certification of correction of a violation shall
be  subject  to  a  civil  penalty of not less than [fifty] SEVENTY-FIVE
dollars nor more than [two hundred fifty] THREE HUNDRED dollars for each
violation falsely certified, in addition to the other  penalties  herein
provided.
  S  2.    This act shall take effect on the sixtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01096-01-3

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