Assembly Bill A10706

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10706
 
                           I N  A S S E M B L Y
 
                             September 9, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. O'Donnell)
   -- read once and referred to the Committee on Housing
 
 AN ACT to amend the multiple dwelling law, in relation to requiring  the
   inspection of non-fireproof buildings and compliance with the New York
   city housing maintenance code and the New York city construction codes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
 section 140-a to read as follows:
   § 140-A. INSPECTION AND COMPLIANCE. 1. A. EVERY NON-FIREPROOF MULTIPLE
 DWELLING  SHALL  BE  INSPECTED EVERY THREE YEARS FOR COMPLIANCE WITH THE
 FIRE SAFETY STANDARDS SET FORTH IN THE NEW YORK CITY HOUSING MAINTENANCE
 CODE AND THE NEW YORK CITY CONSTRUCTION CODES.
   B. IT SHALL BE THE DUTY OF EVERY PERSON, FIRM  OR  CORPORATION  ACTING
 EITHER  AS OWNER, AGENT, CONTRACTOR OR LESSEE OF SUCH MULTIPLE DWELLINGS
 TO CONDUCT SUCH FIRE SAFETY INSPECTIONS WHICH SHALL INCLUDE BUT  NOT  BE
 LIMITED  TO  ELECTRICAL  WIRING, CIRCUITS, OUTLETS, SWITCHES, CORDS, AND
 RELATED EQUIPMENT.
   C. EVERY PERSON, FIRM OR CORPORATION ACTING EITHER  AS  OWNER,  AGENT,
 CONTRACTOR OR LESSEE OF SUCH MULTIPLE DWELLING SHALL SUBMIT A FIRE SAFE-
 TY INSPECTION REPORT FOR EACH BUILDING OWNED OR OPERATED BY SUCH PERSON,
 FIRM  OR CORPORATION TO THE DEPARTMENT OF BUILDINGS OR OTHER APPROPRIATE
 LOCAL AGENCY EVERY THREE YEARS.
   2. FIRE SAFETY INSPECTION REPORTS SHALL INCLUDE:
   A. THE NUMBER AND NATURE OF THE FIRE SAFETY HAZARDS FOUND DURING  FIRE
 SAFETY  INSPECTIONS; AND
   B. A DESCRIPTION OF THE MITIGATION OR REPAIRS MADE IN RESPONSE TO SUCH
 FIRE  SAFETY INSPECTION, INCLUDING THE NUMBER OF REPAIRS OR IMPROVEMENTS
 MADE.
   3. FAILURE TO SUBMIT A REPORT BY SEPTEMBER FIRST OF THE THIRD YEAR  IN
 THE  THREE-YEAR  CYCLE SHALL RESULT IN A FINE OF ONE HUNDRED DOLLARS PER
 DAY UNTIL THE REPORT HAS BEEN SUBMITTED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07717-05-2
 A. 10706                            2
              

 
   4. THOSE DWELLINGS NOT IN COMPLIANCE WITH SUCH FIRE  SAFETY  STANDARDS
 SHALL  HAVE  SIX MONTHS FROM SUCH INSPECTION TO MAKE REPAIRS OR IMPROVE-
 MENTS NECESSARY TO COMPLY WITH SUCH STANDARDS.
   5.  AN  OWNER, AGENT, CONTRACTOR OR LESSEE MAY CONTACT THE APPROPRIATE
 AGENCY TO ASSIST WITH FIRE SAFETY INSPECTIONS SHOULD THE  OWNER,  AGENT,
 CONTRACTOR  OR  LESSEE  BELIEVE  AN AREA MAY BE TOO DANGEROUS TO INSPECT
 WITHOUT AGENCY ASSISTANCE.
   6. OWNERS OF MULTIPLE DWELLINGS WHO FAIL TO MAKE REPAIRS  OR  IMPROVE-
 MENTS  NECESSARY  FOR  COMPLIANCE WITH THE NEW YORK CITY HOUSING MAINTE-
 NANCE CODE AND THE NEW YORK CITY CONSTRUCTION CODES SHALL BE SUBJECT  TO
 A  FINE  OF ONE HUNDRED DOLLARS PER DAY UNTIL THE DWELLING COMPLIES WITH
 SUCH CODE. ANY DWELLING THAT REMAINS NON-COMPLIANT WITH SUCH CODE FOR  A
 PERIOD  OF  SIX  MONTHS OR MORE SHALL CAUSE A LIEN TO BE PLACED UPON THE
 DWELLING UNTIL ALL REPAIRS OR IMPROVEMENTS ARE COMPLETE  AND  RENTS  ARE
 ADJUSTED  BASED  ON RENT ABATEMENTS, DUE TO THE UNSAFE CONDITIONS ORIGI-
 NATING FROM THE OWNERS' NON-COMPLIANCE.
   7. THE NEW YORK CITY DEPARTMENT OF BUILDINGS  SHALL  PROMULGATE  RULES
 AND REGULATIONS AS NECESSARY TO EFFECTUATE THESE REQUIREMENTS.
   § 2. This act shall take effect immediately.