S T A T E O F N E W Y O R K
________________________________________________________________________
2710
2019-2020 Regular Sessions
I N A S S E M B L Y
January 25, 2019
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Introduced by M. of A. BICHOTTE, COLTON, RICHARDSON -- read once and
referred to the Committee on Judiciary
AN ACT to amend the real property law, in relation to establishing an
emergency repair program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
235-h to read as follows:
§ 235-H. EMERGENCY REPAIR PROGRAM. 1. EVERY MUNICIPALITY SHALL SET UP
A PROGRAM THAT REPAIRS EMERGENCY VIOLATIONS OF HABITABILITY FOR RESI-
DENTS IN TWENTY-FOUR TO FORTY-EIGHT HOURS FROM NOTIFICATION AND BILLS
THE OWNERS OF THE PROPERTY FOR SUCH REPAIRS. THE PROGRAM SHALL INCLUDE A
HOTLINE FOR TENANTS, ACCESSIBLE VIA A TOLL-FREE PHONE NUMBER, TO REPORT
POTENTIAL EMERGENCY VIOLATIONS OF HABITABILITY. SUCH VIOLATIONS SHALL BE
ACCESSED FOR ELIGIBILITY VIA THE HOTLINE AND ANY CONTRACTOR CONTACTED TO
REPAIR SUCH VIOLATIONS SHALL VERIFY ITS EXISTENCE TO THE MUNICIPALITY
FOR PROGRAM ELIGIBILITY. PROOF OF NOTICE TO THE PROPERTY OWNER REGARDING
SUCH VIOLATION OR VIOLATIONS IS REQUIRED FOR PROGRAM ELIGIBILITY. ALL
COSTS OF THE HOTLINE SHALL BE PAID FOR BY THE MUNICIPALITY. EMERGENCY
VIOLATIONS INCLUDE BUT ARE NOT LIMITED TO STRUCTURAL STABILITY OF BUILD-
INGS, ACCESSIBILITY OF BUILDINGS, MOLD AND/OR LEAD-BASED PAINT ISSUES.
2. THE MUNICIPALITY DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY
BILL THE PROPERTY OWNER FOR THE COST OF THE EMERGENCY REPAIR PLUS
RELATED FEES AND/OR FOR THE COST OF SENDING A CONTRACTOR TO ATTEMPT TO
MAKE REPAIRS. SUCH CHARGES WILL APPEAR ON THE PROPERTY TAX BILL, AS WELL
AS ON A SEPARATE NOTICE SENT TO THE OWNER ONCE THE REPAIRS ARE COMPLETE.
IF THE OWNER FAILS TO PAY, THE MUNICIPALITY SHALL FILE A TAX LIEN
AGAINST SUCH OWNER. THE TAX LIEN WILL BEAR INTEREST AND MAY BE SOLD
AND/OR FORECLOSED TO COLLECT THE AMOUNT OWED.
3. PROPERTY OWNERS CAN AVOID EMERGENCY REPAIR AND SERVICE CHARGES AND
REMOVE THE VIOLATION OR VIOLATIONS FROM MUNICIPALITY RECORDS AT NO COST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00425-01-9
A. 2710 2
BY CORRECTING THE VIOLATION OR EMERGENCY CONDITION AND CERTIFYING SUCH
CORRECTION TO THE MUNICIPALITY NO LATER THAN THIRTY DAYS FROM NOTICE OF
SUCH VIOLATION OR COMPLYING WITH A VIOLATION OR ORDER AS DIRECTED BY THE
ISSUING MUNICIPALITY. PROPERTY OWNERS MAY CONTACT THE MUNICIPALITY FOR A
LIST OF CONTRACTORS. ANYTHING LESS THAN A FULL REPAIR SHALL NOT BE
ACCEPTABLE IN CORRECTING THE VIOLATION OR VIOLATIONS. IF A PROPERTY
OWNER ATTEMPTS TO PATCH THE VIOLATION OR DO SURFACE WORK, SUCH OWNER
SHALL BE FINED DOUBLE FOR THE VIOLATION OR VIOLATIONS AND MAY NOT
PROTEST THE EMERGENCY REPAIR CHARGE PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
4. PROPERTY OWNERS MAY PROTEST AN EMERGENCY REPAIR CHARGE BY SUBMIT-
TING THEIR PROTEST IN WRITING AND DELIVERING IT TO THE MUNICIPALITY ON
OR BEFORE THE PAYMENT DUE DATE LISTED ON THE STATEMENT OF ACCOUNT. SUCH
OWNER MAY REQUEST AN INVOICE THAT SUPPORTS THE MUNICIPALITY'S EMERGENCY
REPAIR CHARGE PRIOR TO PROTESTING THE CHARGE. FAILURE TO PROTEST AN
EMERGENCY REPAIR CHARGE WITHIN THE TIME ALLOWED NEGATES THE OWNER'S
RIGHT TO CONTEST THE CHARGE IN ANY SUBSEQUENT ADMINISTRATIVE OR JUDICIAL
PROCEEDING.
5. EACH MUNICIPALITY SHALL NOTIFY OWNERS OF PROPERTY ON RECORD OF THE
EMERGENCY REPAIR PROGRAM AND MAKE ALL INFORMATION REGARDING SUCH PROGRAM
FREELY AND PUBLICLY AVAILABLE ON ITS WEBSITE.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such effective date.