S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6048
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 31, 2023
                                ___________
 
 Introduced by M. of A. TAPIA, DE LOS SANTOS -- read once and referred to
   the Committee on Governmental Operations
 
 AN  ACT  to  amend  the executive law and the administrative code of the
   city of New York, in relation  to  establishing  a  private  right  of
   action  for tenants alleging a failure to keep and maintain self-clos-
   ing doors

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 382 of the executive law is amended by adding a new
 subdivision 5 to read as follows:
   5.  A.  A  LAWFUL OCCUPANT OF A DWELLING UNIT OR A GROUP OF SUCH OCCU-
 PANTS IN A BUILDING MAY BRING AN ACTION  ALLEGING  A  VIOLATION  OF  THE
 UNIFORM  CODE FOR FAILURE TO KEEP AND MAINTAIN SELF-CLOSING DOORS IN ANY
 COURT OF COMPETENT JURISDICTION. IF SUCH COURT FINDS THAT  AN  OWNER  OF
 SUCH BUILDING IS IN VIOLATION OF SUCH UNIFORM CODE, SUCH COURT SHALL, IN
 ADDITION TO ANY OTHER RELIEF SUCH COURT DETERMINES TO BE APPROPRIATE:
   I.  AWARD  TO EACH SUCH OCCUPANT (A) COMPENSATORY DAMAGES AND, IN SUCH
 COURT'S DISCRETION, PUNITIVE DAMAGES OR (B)  AT  THE  ELECTION  OF  EACH
 OCCUPANT, DAMAGES OF ONE THOUSAND DOLLARS;
   II.  AWARD  TO  SUCH  OCCUPANTS  REASONABLE  ATTORNEYS' FEES AND COURT
 COSTS; AND
   III. ISSUE AN ORDER TO SUCH OWNER TO REMEDY THE CONDITIONS RELATED  TO
 SUCH SELF-CLOSING DOORS.
   B.  SUCH OCCUPANT OR OCCUPANTS SHALL NOT BE RELIEVED OF THE OBLIGATION
 TO PAY RENT FOR WHICH SUCH OCCUPANT OR OCCUPANTS ARE OTHERWISE LIABLE TO
 AN OWNER. ANY MONETARY RELIEF AWARDED  TO  SUCH  OCCUPANT  OR  OCCUPANTS
 PURSUANT  TO  PARAGRAPH  A  OF  THIS SUBDIVISION SHALL BE REDUCED BY ANY
 AMOUNT OF DELINQUENT RENT OR OTHER SUM FOR WHICH SUCH COURT  FINDS  SUCH
 OCCUPANT OR OCCUPANTS TO BE LIABLE TO SUCH OWNER.
   C.  THIS  SUBDIVISION DOES NOT LIMIT OR ABROGATE ANY CLAIM OR CAUSE OF
 ACTION A PERSON HAS UNDER COMMON LAW  OR  BY  OTHER  LAW  OR  RULE.  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06119-01-3
              

 A. 6048                             2
 
 PROVISIONS  OF  THIS  SUBDIVISION  ARE IN ADDITION TO ANY OTHER REMEDIES
 THAT MAY BE PROVIDED FOR UNDER COMMON LAW OR BY OTHER LAW OR RULE.
   D.  NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED AS CREAT-
 ING ANY PRIVATE RIGHT OF ACTION AGAINST A LOCAL GOVERNMENT OR ANY AGENCY
 OR EMPLOYEE THEREOF.
   § 2. The administrative code of the city of New  York  is  amended  by
 adding a new section 27-2114-a to read as follows:
   §  27-2114-A PRIVATE RIGHT OF ACTION. A. A LAWFUL OCCUPANT OF A DWELL-
 ING UNIT OR A GROUP OF SUCH OCCUPANTS IN A BUILDING MAY BRING AN  ACTION
 ALLEGING A VIOLATION OF THIS CODE FOR FAILURE TO KEEP AND MAINTAIN SELF-
 CLOSING  DOORS  IN  ANY  COURT  OF COMPETENT JURISDICTION. IF SUCH COURT
 FINDS THAT AN OWNER OF SUCH BUILDING IS IN VIOLATION OF SUCH CODE,  SUCH
 COURT SHALL, IN ADDITION TO ANY OTHER RELIEF SUCH COURT DETERMINES TO BE
 APPROPRIATE:
   1.  AWARD  TO EACH SUCH OCCUPANT (I) COMPENSATORY DAMAGES AND, IN SUCH
 COURT'S DISCRETION, PUNITIVE DAMAGES OR (II) AT  THE  ELECTION  OF  EACH
 OCCUPANT, DAMAGES OF ONE THOUSAND DOLLARS;
   2. AWARD TO SUCH OCCUPANTS REASONABLE ATTORNEYS' FEES AND COURT COSTS;
 AND
   3.  ISSUE  AN  ORDER TO SUCH OWNER TO REMEDY THE CONDITIONS RELATED TO
 SUCH SELF-CLOSING DOORS.
   B. SUCH OCCUPANT OR OCCUPANTS SHALL NOT BE RELIEVED OF THE  OBLIGATION
 TO PAY RENT FOR WHICH SUCH OCCUPANT OR OCCUPANTS ARE OTHERWISE LIABLE TO
 AN  OWNER.  ANY  MONETARY  RELIEF  AWARDED TO SUCH OCCUPANT OR OCCUPANTS
 PURSUANT TO SUBDIVISION A OF THIS SECTION SHALL BE REDUCED BY ANY AMOUNT
 OF DELINQUENT RENT OR OTHER SUM FOR WHICH SUCH COURT FINDS SUCH OCCUPANT
 OR OCCUPANTS TO BE LIABLE TO SUCH OWNER.
   C. THIS SECTION DOES NOT LIMIT OR  ABROGATE  ANY  CLAIM  OR  CAUSE  OF
 ACTION  A  PERSON  HAS  UNDER  COMMON  LAW  OR BY OTHER LAW OR RULE. THE
 PROVISIONS OF THIS SECTION ARE IN ADDITION TO ANY  OTHER  REMEDIES  THAT
 MAY BE PROVIDED FOR UNDER COMMON LAW OR BY OTHER LAW OR RULE.
   D.  NOTHING  CONTAINED  IN THIS SECTION SHALL BE CONSTRUED AS CREATING
 ANY PRIVATE RIGHT OF ACTION AGAINST THE CITY OR ANY AGENCY  OR  EMPLOYEE
 THEREOF.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.