S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2884
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 executive law, in relation to penalties for code
   violations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs h and i of subdivision 1 of section 381 of the
 executive law, as added by chapter 560 of the laws of 2010, are  amended
 and a new paragraph j is added to read as follows:
   h.  minimum  basic  training  and in-service training requirements for
 personnel charged with administration and enforcement of the state ener-
 gy conservation construction code; [and]
   i. standards and procedures for measuring the rate of compliance  with
 the  state energy conservation construction code, and provisions requir-
 ing that such rate of compliance be measured on an annual basis[.]; AND
   J. STANDARDS AND PROCEDURES  BY  WHICH  PERSONS  SEEKING  BUILDING  OR
 CONSTRUCTION  PERMITS  OR  TO  PURCHASE  PROPERTY HELD BY A LAND BANK OR
 SUBSIDIZED BY PUBLIC FUNDS IDENTIFY ANY OUTSTANDING ORDERS OF REMEDY  OR
 IMMEDIATELY  HAZARDOUS  VIOLATIONS OF THE UNIFORM CODE ON PROPERTIES (1)
 OWNED BY SUCH PERSON OR OWNED BY A CORPORATE ENTITY IN WHICH SUCH PERSON
 IS A MANAGER, PARTNER, OR AUTHORIZED PERSON, OR OWNED BY THE SAME PERSON
 OR CORPORATE ENTITY WHICH OWNS  THE  PROPERTY  FOR  WHICH  A  PERMIT  OR
 PURCHASE  IS SOUGHT, INCLUDING PROPERTIES OWNED BY A CORPORATE ENTITY IN
 WHICH SUCH PERSON IS A MANAGER, PARTNER, OR AUTHORIZED  PERSON  AND  (2)
 THE STATUS OF EACH ORDER OF REMEDY AND VIOLATION.
   EVERY  LOCAL  GOVERNMENT  MAY  ENACT  LOCAL  LAWS  WHICH  PROVIDE THAT
 PERSONS, CORPORATE ENTITIES, OR CORPORATE ENTITIES  IN  WHICH  ANY  SUCH
 PERSON  WHO  IS A MEMBER, PARTNER, OR AUTHORIZED PERSON WITH OUTSTANDING
 ORDERS OF REMEDY OR IMMEDIATELY HAZARDOUS VIOLATIONS OF THE UNIFORM CODE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04195-01-1
              

 S. 2884                             2
 
 MAY NOT OBTAIN BUILDING OR CONSTRUCTION PERMITS OR  PURCHASE  PROPERTIES
 FROM A LAND BANK OR SUBSIDIZED BY PUBLIC FUNDS.
   §  2. Subdivisions 2 and 3 of section 382 of the executive law, subdi-
 vision 2 as amended by chapter 135 of the laws of 1997 and subdivision 3
 as added by chapter 707 of the laws of 1981,  are  amended  to  read  as
 follows:
   2.  Any person, having been served, either personally or by registered
 or certified mail, with an order to remedy any condition found to  exist
 in,  on,  or  about  any  building  in  violation  of  the  uniform fire
 prevention and building code, who shall fail to comply with  such  order
 within  the  time  fixed by the regulations promulgated by the secretary
 pursuant to subdivision one of section three hundred eighty-one of  this
 article,  such  time  period  to  be stated in the order, and any owner,
 builder,  architect,  tenant,  contractor,  subcontractor,  construction
 superintendent  or  their  agents  or  any  other  person taking part or
 assisting in the  construction  of  any  building  who  shall  knowingly
 violate  any  of  the  applicable  provisions of the uniform code or any
 lawful order of a local government, a county or the secretary made ther-
 eunder  regarding  standards  for  construction,  maintenance,  or  fire
 protection  equipment  and  systems, shall be punishable by a fine of NO
 LESS THAN FIFTY DOLLARS AND not more than one thousand dollars  per  day
 of  violation,  or  imprisonment  not  exceeding  one  year,  or both. A
 PERSON'S SECOND VIOLATION RELATED TO A PROPERTY  OWNED  BY  SUCH  PERSON
 SHALL  BE  PUNISHABLE  BY A FINE OF NO LESS THAN ONE HUNDRED DOLLARS AND
 NOT MORE THAN TWO THOUSAND DOLLARS PER DAY OF VIOLATION, OR IMPRISONMENT
 NOT EXCEEDING ONE YEAR, OR BOTH. A PERSON'S THIRD VIOLATION RELATED TO A
 PROPERTY OWNED BY SUCH PERSON SHALL BE PUNISHABLE BY A FINE OF NOT  LESS
 THAN  ONE  HUNDRED  AND  FIFTY  DOLLARS AND NOT MORE THAN THREE THOUSAND
 DOLLARS PER DAY OF VIOLATION, OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR
 BOTH.
   3. Where the construction or use of a building is in violation of  any
 provision of the uniform code or any lawful order obtained thereunder, a
 justice  of the supreme court at a special term in the judicial district
 in which the building is located, may order the removal of the  building
 or  an  abatement  of  the condition in violation of such provisions. An
 application for such relief may be made by the secretary, an appropriate
 municipal officer, or any other person aggrieved by the  violation.  ANY
 PERSON, HAVING BEEN SERVED, EITHER PERSONALLY OR BY REGISTERED OR CERTI-
 FIED  MAIL,  WITH AN ORDER TO REMEDY THE ILLEGAL CONVERSION, MAINTENANCE
 OR OCCUPANCY OF TWO OR MORE DWELLINGS ABOVE THE NUMBER OF DWELLING UNITS
 LEGALLY AUTHORIZED BY THE CERTIFICATE OF OCCUPANCY, WHO  SHALL  FAIL  TO
 COMPLY  WITH SUCH ORDER WITHIN THE TIME FIXED BY THE REGULATIONS PROMUL-
 GATED BY THE SECRETARY PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  THREE
 HUNDRED EIGHTY-ONE OF THIS ARTICLE, SUCH TIME PERIOD TO BE STATED IN THE
 ORDER,  AND  ANY  OWNER, BUILDER, ARCHITECT, TENANT, CONTRACTOR, SUBCON-
 TRACTOR, CONSTRUCTION SUPERINTENDENT OR THEIR AGENTS OR ANY OTHER PERSON
 TAKING PART OR ASSISTING IN THE CONSTRUCTION OF ANY BUILDING  WHO  SHALL
 KNOWINGLY  VIOLATE  ANY OF THE APPLICABLE PROVISIONS OF THE UNIFORM CODE
 OF ANY LAWFUL ORDER OF A LOCAL GOVERNMENT, A  COUNTY  OR  THE  SECRETARY
 MADE  THEREUNDER  REGARDING  STANDARDS FOR CONSTRUCTION, MAINTENANCE, OR
 FIRE PROTECTION EQUIPMENT AND SYSTEMS, SHALL BE PUNISHABLE BY A FINE  OF
 NOT  LESS THAN FIVE HUNDRED DOLLARS. A PERSON'S SECOND VIOLATION RELATED
 TO A PROPERTY OWNED BY SUCH PERSON SHALL BE PUNISHABLE BY A FINE OF  NOT
 LESS  THAN ONE THOUSAND DOLLARS. A PERSON'S THIRD VIOLATION RELATED TO A
 PROPERTY OWNED BY SUCH PERSON SHALL BE PUNISHABLE BY A FINE OF NOT  LESS
 THAN TWO THOUSAND DOLLARS.

 S. 2884                             3
 
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.