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

                                  5571

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee on Economic Development, Job Creation, Commerce and Industry

AN  ACT  to  amend  the  general  business law, in relation to requiring
  building superintendents to be certified by the secretary of state

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

  Section 1. The general business law is amended by adding a new article
28-F to read as follows:
                               ARTICLE 28-F
                CERTIFICATION OF BUILDING SUPERINTENDENTS
SECTION 491. DEFINITIONS.
        491-A. CERTIFICATION REQUIRED.
        491-B. CERTIFICATION PROCEDURE, REQUIREMENTS.
        491-C. VIOLATIONS AND PENALTIES.
  S 491. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "BUILDING SUPERINTENDENT" MEANS ANY PERSON HIRED BY THE OWNER OF A
RENTAL DWELLING TO OVERSEE THE UPKEEP, MAINTENANCE AND DAY-TO-DAY  OPER-
ATIONS OF SUCH RENTAL DWELLING.
  2.  "CERTIFICATE" SHALL MEAN A CERTIFICATE ISSUED BY THE DEPARTMENT OF
STATE PURSUANT TO SECTION FOUR HUNDRED NINETY-ONE-B OF THIS ARTICLE.
  3. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  4. "RENTAL DWELLING" MEANS ANY BUILDING WITH TEN OR MORE RENTAL UNITS.
  5. "SECRETARY" MEANS THE SECRETARY OF STATE.
  S 491-A.  CERTIFICATION  REQUIRED.  ALL  BUILDING  SUPERINTENDENTS  OF
RENTAL  DWELLINGS  SHALL  HOLD  A CERTIFICATE ISSUED PURSUANT TO SECTION
FOUR HUNDRED NINETY-ONE-B OF THIS ARTICLE. NO OWNER OF A RENTAL DWELLING
SHALL HIRE AN INDIVIDUAL TO PERFORM THE SAME DUTIES AS A BUILDING SUPER-
INTENDENT, AS DEFINED IN SECTION FOUR HUNDRED NINETY-ONE OF  THIS  ARTI-
CLE,  UNLESS  SUCH  PERSON  HOLDS A VALID CERTIFICATE ISSUED PURSUANT TO
SECTION FOUR HUNDRED NINETY-ONE-B OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08869-01-9

              

A. 5571                             2

  S 491-B.  CERTIFICATION PROCEDURE, REQUIREMENTS. 1. ON  OR  AFTER  THE
FIRST  DAY OF NOVEMBER, TWO THOUSAND NINE, ALL PERSONS WISHING TO ACT IN
THE CAPACITY OF BUILDING SUPERINTENDENT SHALL APPLY  TO  THE  DEPARTMENT
FOR A CERTIFICATE.
  2. EACH APPLICANT FOR A CERTIFICATE SHALL BE AT LEAST TWENTY-ONE YEARS
OF AGE. THE SECRETARY SHALL ESTABLISH MINIMUM EDUCATION AND WORK EXPERI-
ENCE REQUIREMENTS ALONG WITH ANY OTHER REQUIREMENTS HE OR SHE SHALL DEEM
TO BE NECESSARY TO RECEIVE A CERTIFICATE.
  3.  AN APPLICATION FOR A CERTIFICATE SHALL BE FILED WITH THE SECRETARY
IN SUCH FORM AND DETAIL AS THE SECRETARY SHALL  PRESCRIBE,  DULY  SIGNED
AND VERIFIED.
  4. WITHIN THIRTY DAYS AFTER THE FILING OF AN APPLICATION FOR A CERTIF-
ICATE  ACCOMPANIED  BY THE REGISTRATION FEE, THE SECRETARY SHALL ISSUE A
CERTIFICATE.
  5. EVERY APPLICATION SHALL BE ACCOMPANIED BY  AN  APPLICATION  FEE  OF
FIFTY  DOLLARS,  WHICH SHALL IN NO EVENT BE REFUNDED. IF THE APPLICATION
IS APPROVED BY THE SECRETARY, UPON PAYMENT OF A REGISTRATION FEE OF  ONE
HUNDRED  DOLLARS,  THE  APPLICANT  SHALL  BE GRANTED A CERTIFICATE TO BE
VALID FOR ONE YEAR FOLLOWING THE DATE OF ISSUANCE. THE  ANNUAL  FEE  FOR
RENEWAL OF A CERTIFICATE SHALL BE ONE HUNDRED DOLLARS.
  S  491-C.  VIOLATIONS  AND PENALTIES. 1. ALL CERTIFIED BUILDING SUPER-
INTENDENTS SHALL BE LIABLE FOR THEIR OWN VIOLATIONS OF ANY LAW, RULE  OR
REGULATION.
  2.  ANY  VIOLATIONS  OF  ANY LAW GOVERNING THE MAINTENANCE, UPKEEP AND
DAY-TO-DAY OPERATIONS OF A RENTAL DWELLING BY A BUILDING  SUPERINTENDENT
SHALL  RESULT IN A WARNING FOR THE FIRST OFFENSE AND A SUSPENSION OF HIS
OR HER CERTIFICATE UNTIL THE OFFENSE IS  REMEDIED  FOR  THE  SECOND  AND
THIRD  OFFENSES. ANY FURTHER OFFENSE SHALL RESULT IN A PERMANENT SUSPEN-
SION OF THE CERTIFICATE.
  3. ANY VIOLATIONS OF THIS ARTICLE BY A BUILDING SUPERINTENDENT OR  ONE
ACTING  AS  SUCH  SHALL  RESULT  IN A WARNING FOR THE FIRST OFFENSE, THE
SECOND VIOLATION SHALL RESULT IN A FINE OF ONE HUNDRED DOLLARS AND  EACH
ADDITIONAL VIOLATION SHALL RESULT IN A FINE OF FIVE HUNDRED DOLLARS. ANY
VIOLATIONS OF THIS ARTICLE BY AN OWNER OF A RENTAL DWELLING SHALL RESULT
IN  A  FINE OF ONE THOUSAND DOLLARS TO BE CHARGED EACH DAY SUCH OWNER IS
IN VIOLATION OF THIS ARTICLE.
  S 2. This act shall take effect immediately.