Senate Bill S5649

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

                                  5649

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 26, 2009
                               ___________

Introduced  by  Sen.  ESPADA -- 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 permitting access by property owners to dwelling units  in
  certain circumstances

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

  Section 1. Section 27-2123 of the administrative code of the  city  of
New York is amended to read as follows:
  S  27-2123  Court order of access to inspect premises.  a. (1) A judge
of any civil court  of  competent  jurisdiction  may,  upon  appropriate
application  by the department OF BUILDINGS OR THE DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT OR THE  FIRE  DEPARTMENT  supported  by  an
affidavit  or  affirmation,  issue  an  order  directing  that access be
provided to an officer or inspector of the department OF  BUILDINGS,  OR
THE  DEPARTMENT  OF  HOUSING  PRESERVATION  AND  DEVELOPMENT OR THE FIRE
DEPARTMENT to any premises or part thereof, whenever  an  inspection  of
any  premises  or part thereof is required or authorized by any state or
local law  or  regulation  or  entry  to  such  area  is  necessary  for
correction of a condition violating such law or regulation.
  (2)  A  JUDGE  OF  ANY CIVIL COURT OF COMPETENT JURISDICTION MAY, UPON
APPROPRIATE APPLICATION BY THE REGISTERED OWNER OR MANAGING AGENT OF ANY
DWELLING OR MULTIPLE DWELLING PURSUANT TO SECTION 27-2008 OF  THIS  CODE
OR  OTHER PROVISION OF LAW OR LEASE, SUPPORTED BY AN AFFIDAVIT OR AFFIR-
MATION, ISSUE AN ORDER DIRECTING THAT ACCESS BE PROVIDED TO  SUCH  OWNER
OR AGENT, TO ANY PREMISES OR PART THEREOF, WHENEVER AN INSPECTION OF ANY
PREMISES OR PART THEREOF IS REQUIRED OR AUTHORIZED BY ANY STATE OR LOCAL
LAW OR REGULATION OR ENTRY TO SUCH AREA IS NECESSARY FOR CORRECTION OF A
CONDITION VIOLATING SUCH LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO
UNLAWFUL  ALTERATIONS  SUCH  AS  THE INSTALLATION OF PARTITIONS OR OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11912-01-9
              

S. 5649                             2

FORMS OF ROOM DIVIDERS WITHOUT THE REQUISITE APPROVAL OF THE  DEPARTMENT
OF  BUILDINGS,  THE  UNLAWFUL  USE OF ROOMS FOR LIVING PURPOSES, AND THE
UNLAWFUL INSTALLATION OF LOCKING DEVICES  ON  ROOMS  USED  FOR  SLEEPING
PURPOSES.
  b. If the application PURSUANT TO PARAGRAPHS ONE OR TWO OF SUBDIVISION
A  OF THIS SECTION is found appropriate, the court may issue an order to
show cause why the order of access should not be issued. If the respond-
ent cannot with due diligence be served personally within the time fixed
in such order, service may be made on such  person  by  posting  a  copy
thereof in a conspicuous place in the premises to which access is sought
and  by  sending  a  copy  thereof  by  certified  mail,  return receipt
requested, to such person at his or her last known address.
  c. The court shall set in the order of access specific dates and times
for access.
  d. The person, officer  or  inspector  gaining  access  shall,  before
entry,  give  notice of his or her authority and purpose to any occupant
of the premises and show such occupant the order or a copy thereof  upon
request.
  e. Notwithstanding any other provision contained in section 27-2118 of
article three of this subchapter, a person who after service of a certi-
fied  copy  of  the  order  upon  such person does not provide access or
refuses to allow access to the person authorized to enter may  be  found
guilty of contempt of court and may be required to pay a fine of a maxi-
mum  of  two  hundred  fifty dollars for willfully failing to provide or
refusing to allow access. Service of the order shall  be  as  the  court
directs or by personal service but if such cannot be made with due dili-
gence  within  five  days,  service may be made by posting a copy of the
order in a conspicuous place in the premises which is the subject of the
order, and by sending a copy thereof by certified mail,  return  receipt
requested,  to such person at his or her last known address. Such person
shall not be in contempt of court or be required to pay a fine if he  or
she  establishes  good and sufficient reason for a failure to be present
when access was demanded.
  f. Nothing herein shall be deemed to authorize an officer or inspector
of the department OR THE REGISTERED OWNER OR AGENT to enter any premises
or part thereof if a person to  whom  an  order  is  directed  does  not
provide or refuses access.
  g.  Nothing herein shall affect the validity of inspections authorized
and conducted under any other provision of law, rule or regulation with-
out the issuance of an inspection warrant as provided in this article.
  S 2. This act shall take effect immediately.