S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1027
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. CARROLL, HEVESI, L. ROSENTHAL, BENEDETTO, COLTON,
   DINOWITZ,  WEPRIN -- Multi-Sponsored by -- M. of A. GLICK -- read once
   and referred to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to enacting the New York city department of buildings commu-
   nity accountability act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that the health and safety of  the  population  living  in  and
 around  the many construction projects within the densely populated city
 of New York is a matter of state concern as  pressure  mounts  to  build
 more  and  more while completing projects in the shortest time possible.
 Construction is the most dangerous occupation,  with  death  rates  four
 times   the  average  for  other  workers  and  conditions  adjacent  to
 construction sites dangerous to the public.
   A comprehensive public reporting system for the tracking of accidents,
 vacate orders, safety violations, and enforcement actions of the depart-
 ment of buildings is an essential component of assuring greater account-
 ability and transparency in assuring compliance with the  building  code
 and the zoning resolution to improve public safety.
   §  2.  This  act shall be known and may be cited as the "New York city
 department of buildings community accountability act".
   § 3. Section 28-103.18.1 of the administrative code of the city of New
 York, as amended by section 1 of part A of local law number 126  of  the
 city of New York for the year 2021, is amended to read as follows:
   §  28-103.18.1 Complaint records. The department shall keep records of
 complaints made by any person in reference  to  any  building  or  other
 matter  under  the  jurisdiction  of the department. Recorded complaints
 shall include the name and residence of the complainant, the name of the
 person complained of, the date of the entry of  the  complaint  and  any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00504-01-3
              

 A. 1027                             2
 
 suggested  remedies.  Except  for entries of names and residences of the
 complainants, such records shall be made available for  public  examina-
 tion  AND  SHALL BE POSTED ON THE DEPARTMENT'S INFORMATION WEBSITE MAIN-
 TAINED  BY  THE  CITY  OF  NEW  YORK, SUBJECT TO SUCH REGULATIONS AS THE
 COMMISSIONER SHALL PRESCRIBE.
   § 4. The administrative code of the city of New  York  is  amended  by
 adding a new section 28-103.18.2 to read as follows:
   §  28-103.18.2  RECORDS  OF  CONSTRUCTION AND BUILDING ACCIDENTS.  THE
 DEPARTMENT SHALL MAINTAIN A RECORD  OF  ALL  CONSTRUCTION  AND  BUILDING
 ACCIDENTS  RESULTING  IN  EITHER  SERIOUS  PHYSICAL  INJURY  OR DEATH TO
 PERSONS OR DAMAGE TO PROPERTY ARISING OUT OF VIOLATIONS OF THE  BUILDING
 CODE,  INCLUDING BUT NOT LIMITED TO UNSAFE BUILDING ORDERS AND STOP WORK
 ORDERS.  SUCH RECORD SHALL BE POSTED  ON  THE  DEPARTMENT'S  INFORMATION
 WEBSITE  MAINTAINED BY THE CITY OF NEW YORK, SUBJECT TO SUCH REGULATIONS
 AS THE COMMISSIONER SHALL PRESCRIBE. THE COMMISSIONER SHALL  CAUSE  SUCH
 ACCIDENTS TO BE INVESTIGATED AND A WRITTEN REPORT PREPARED REGARDING THE
 CIRCUMSTANCES OF THE ACCIDENT.
   §  5.  The  administrative  code of the city of New York is amended by
 adding a new section 28-201.5 to read as follows:
   § 28-201.5 BIANNUAL REPORTS TO COMMUNITY  BOARDS  AND  BOROUGH  PRESI-
 DENTS.  THE DEPARTMENT SHALL, NOT LESS THAN BIANNUALLY, PROVIDE A REPORT
 ON DEPARTMENT ACTIONS TO EACH COMMUNITY BOARD,  FOR  DEPARTMENT  ACTIONS
 WITHIN  SUCH  BOARD,  AND  TO THE BOROUGH PRESIDENTS, FOR ACTIONS IN THE
 BOROUGH OF EACH BOROUGH PRESIDENT.  THE REPORT SHALL SHOW ALL  SPECIFIED
 IMMEDIATELY HAZARDOUS AND SPECIFIED MAJOR VIOLATIONS, THE NUMBER OF SUCH
 VIOLATIONS CORRECTED, ENFORCEMENT ACTIONS COMMENCED, AND THE DISPOSITION
 OF  ENFORCEMENT ACTIONS, WITHIN THE PERIOD, SEPARATED BY COMMUNITY BOARD
 AND BOROUGH PRESIDENT.   SUCH ENFORCEMENT ACTIONS  SHALL  INCLUDE  COURT
 ACTIONS,  ORDERS OF CLOSURE, AND ENVIRONMENTAL CONTROL BOARD ACTIONS AND
 ORDERS, INCLUDING FINES AND PENALTIES. THE REPORT SHALL FURTHER SHOW ALL
 UNSAFE BUILDING ORDERS, VACATE ORDERS, AND STOP WORK ORDERS.
   § 6. The administrative code of the city of New  York  is  amended  by
 adding a new section 28-207.6 to read as follows:
   §  28-207.6  INVESTIGATION  AND  REPORT;  DANGEROUS CONDITIONS, VACATE
 ORDER. WHENEVER THE DEPARTMENT HAS ISSUED AN ORDER REGARDING ANY DANGER-
 OUS CONDITIONS PURSUANT TO SECTION  28-216.4  OF  THIS  CHAPTER  OR  ANY
 VACATE  ORDER,  THE COMMISSIONER SHALL CAUSE THE CIRCUMSTANCES REGARDING
 SUCH ORDER TO BE INVESTIGATED,  AND  A  WRITTEN  REPORT  PREPARED.  SUCH
 REPORT  SHALL  BE  AVAILABLE  FOR  PUBLIC EXAMINATION, AND POSTED ON THE
 DEPARTMENT'S INFORMATION WEBSITE MAINTAINED BY THE  CITY  OF  NEW  YORK,
 PURSUANT TO SUCH REGULATIONS AS THE COMMISSIONER MAY PRESCRIBE.
   §  7. This act shall take effect one year after it shall have become a
 law.