Senate Bill S10088

2025-2026 Legislative Session

Relates to the docketing of judgments imposing civil penalties for the violation of certain requirements imposed by the zoning resolution of the city of New York

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Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2026	referred to housing, construction and community development

2025-S10088 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §918, County L; ren §§26-3001 - 26-3020 to be §§26-3301 - 26-3320, amd §26-3309, NYC Ad Cd

2025-S10088 (ACTIVE) - Summary

Relates to the docketing of judgments imposing civil penalties for the violation of certain requirements imposed by the zoning resolution of the city of New York; makes other technical changes.

2025-S10088 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S10088

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the county law and the administrative code of the city
of New York, in relation to the docketing of judgments imposing civil
penalties for the violation of certain requirements imposed by the
zoning resolution of the city of New York

 
PURPOSE:

This bill would facilitate enforcement of certain affordable housing
requirements in New York City and collection of penalties from those who
violate them, and continue efforts to diminish burdens on the court
system in New York City by making adjudication of these violations by
the New York City Office of Administrative Trials and Hearings (OATH)
more effective.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Subdivision 4 of Section 918 of the Coun-

ty Law to authorize the county clerk to maintain judgments entered and
docketed in the civil court of New York City on behalf of the Office of
Administrative Trials and Hearings (OATH) relating to violations of
certain affordable housing requirements imposed by the Zoning Resolution
of the City of New York pursuant to Section 26-3309 of the Administra-
tive Code of the City of New York.

Section two of the bill would correct section numbers in Chapter 33 of
Title 26 of the Administrative Code of the City of New York; these are
technical corrections of drafting errors in prior legislation unrelated
to the primary purpose of this bill.

Section three of the bill would amend Section 26-3309 of the Administra-
tive Code of the City of New York to provide that a final decision or
order issued by OATH relating to violations of affordable housing
requirements imposed by the Zoning Resolution of the City of New York
constitutes a judgment that may be entered and docketed in the civil
court of the City of New York and may be enforced without court
proceedings in the same manner as the enforcement of money judgments
entered in civil actions, provided that the judgment does not exceed
$25,000.

Section 26-3309 would also be amended to provide that the terms and
limitations applicable to entry of final orders imposing penalties
pursuant to Section 1049-a of the New York City Charter would apply to
entry of final orders imposing penalties pursuant to section 26-3309,
including the provisions related to methods of service.

Section four of the bill sets forth the effective date.

 
JUSTIFICATION:

In recent years, New York City has established numerous affordable hous-
ing programs in response to the city's affordable housing crisis,
requiring affordable housing and mandated benefits to the public in
exchange for incentives. Among these are a number of programs estab-
lished through the Zoning Resolution of the City of New York and admin-
istered by the New York City Department of Housing Preservation and
Development (HPD) that impose various affordable housing requirements on
certain residential properties.

New York City enacted Local Law 45 of 2022 to provide the City with
tools for the enforcement of these provisions, which were codified in a
new Chapter 33 of Title 26 of the New York City Administrative Code of
the City of New York (Chapter 33). Pursuant to Chapter 33, violations
may be heard at the New York City Office of Administrative Trials and
Hearings (OATH), in a manner similar to violations issued by the Depart-
ment of Buildings to enforce New York City's Building Code.

The bill would amend the County Law and Chapter 33 to provide that
orders issued by OATH for violations of the affordable housing require-
ments imposed by the City's Zoning Resolution can be docketed in a
manner similar to judgments related to violations of the City's Building
Code. Orders issued in such matters constitute judgments that may be
entered and docketed in civil court in order to facilitate their
enforcement. The docketing of these types of judgments is already
permitted for violations issued by DOB and other agencies.

This change would improve enforcement of these affordable housing
requirements because automatic docketing of judgments facilitates
collection of penalties. The bill would bring enforcement of these
affordable housing requirements in line with enforcement of other munic-
ipal requirements, which has proven effective.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to actions for
the enforcement of section 26-3309 of the administrative code of the
city of New York, as amended by section three of this act, commenced or
on after such date.

2025-S10088 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10088
 
                             I N  S E N A T E
 
                              April 27, 2026
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 county law and the administrative code of the city
   of New York, in relation to the docketing of judgments imposing  civil
   penalties  for  the  violation  of certain requirements imposed by the
   zoning resolution of the city of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 4 of section 918 of the county law, as amended
 by section 12 of part G of chapter 55 of the laws of 2024, is amended to
 read as follows:
   4. Any other laws to the contrary notwithstanding, the county clerk in
 each of the counties within the city  of  New  York  is  authorized  and
 empowered  to  maintain  separate judgment docket volumes containing the
 printed transcript or transcripts, in strict alphabetical order of judg-
 ment made, entered and docketed in the civil court of the  city  of  New
 York  against individuals, corporations, and other entities on behalf of
 the parking violations bureau, the environmental control board, the taxi
 and  limousine  commission,  the  department  of  consumer  and   worker
 protection, the office of administrative trials and hearings when acting
 in  accordance  with  subdivision c of section 7-551 OR SUBDIVISION B OF
 SECTION 26-3309 of the administrative code of the city of New  York  and
 the  commissioner  of  jurors of the city of New York, provided that the
 judgments made, entered and docketed in the civil court of the  city  of
 New York against individuals, corporations, and other entities on behalf
 of  the department of consumer and worker protection shall be limited to
 final decisions and orders that either (a) award restitution,  or  mone-
 tary damages, to a consumer or worker; or (b) award such restitution, or
 monetary damages, to a consumer or worker, together with civil penalties
 or  equitable  relief.    These volumes may be maintained in the form of
 computer print outs which shall contain the date of judgment,  the  name
 and  address  of the judgment debtor or debtors, the amount of the judg-
 ment and other information which the county clerk may deem necessary  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15632-01-6
 S. 10088                            2
 
 sufficiently  describe the parties to the action or proceeding or nature
 or the manner of the entry of the judgment. The county clerk  may,  [in]
 in such clerk's discretion, in lieu of such volumes, maintain the afore-
 mentioned  data  in  a micrographic or computer retrievable format. With
 respect to judgments on behalf of the  parking  violations  bureau  such
 volumes or other format shall be maintained pursuant to this subdivision
 for  only  those  individuals,  corporations,  and other entities having
 vehicles registered in the counties within the city of New York.
   § 2. Sections 26-3001, 26-3002, 26-3003,  26-3004,  26-3005,  26-3006,
 26-3007,  26-3008, 26-3009, 26-3010, 26-3011, 26-3012, 26-3013, 26-3014,
 26-3015, 26-3016, 26-3017, 26-3018, 26-3019 and 26-3020 of the  adminis-
 trative code of the city of New York, as added by local law number 45 of
 the city of New York for the year 2022, are renumbered sections 26-3301,
 26-3302,  26-3303, 26-3304, 26-3305, 26-3306, 26-3307, 26-3308, 26-3309,
 26-3310, 26-3311, 26-3312, 26-3313, 26-3314, 26-3315, 26-3316,  26-3317,
 26-3318, 26-3319 and 26-3320, respectively.
   §  3.  Section  26-3309  of the administrative code of the city of New
 York, as added by local law number 45 of the city of New  York  for  the
 year  2022 and such section as renumbered by section two of this act, is
 amended to read as follows:
   § 26-3309 Enforcement of  civil  penalty.  A.  The  owner,  architect,
 builder,  contractor,  engineer  or  any  other person who maintains any
 building, or who erects, constructs, alters,  extends,  occupies,  uses,
 operates, rents or sells any building or affordable housing unit subject
 to  applicable  affordable housing provisions, or assists or causes same
 to be done, in conflict with or in violation of any of such  provisions,
 or who fails to comply with an order of the commissioner or violates any
 order  of  the  commissioner  issued  pursuant to this chapter, shall be
 liable for a civil penalty that may be recovered in a proceeding  before
 an  administrative  tribunal  within  the  jurisdiction of the office of
 administrative trials and hearings or before a court of competent juris-
 diction.
   B. ANY FINAL DECISION OR ORDER OF AN ADMINISTRATIVE TRIBUNAL OR  DIVI-
 SION  OF  THE  OFFICE  OF  ADMINISTRATIVE TRIALS AND HEARINGS IMPOSING A
 CIVIL PENALTY PURSUANT TO SUBDIVISION A OF  THIS  SECTION,  WHETHER  THE
 ADJUDICATION  WAS  HAD  BY  HEARING  OR UPON DEFAULT OR OTHERWISE, SHALL
 CONSTITUTE A JUDGMENT WHICH MAY BE ENTERED BY SUCH OFFICE IN  THE  CIVIL
 COURT  OF THE CITY OF NEW YORK OR ANY OTHER PLACE PROVIDED FOR THE ENTRY
 OF CIVIL JUDGMENTS WITHIN THE STATE, AND MAY BE ENFORCED  WITHOUT  COURT
 PROCEEDINGS  IN  THE  SAME  MANNER AS THE ENFORCEMENT OF MONEY JUDGMENTS
 ENTERED IN CIVIL ACTIONS; PROVIDED, HOWEVER, THAT NO SUCH JUDGMENT SHALL
 BE ENTERED WHICH EXCEEDS THE SUM OF TWENTY-FIVE  THOUSAND  DOLLARS,  AND
 THAT  THE  TERMS  AND  LIMITATIONS  APPLICABLE  TO ENTRY OF FINAL ORDERS
 IMPOSING PENALTIES PURSUANT TO SECTION ONE THOUSAND FORTY-NINE-A OF  THE
 NEW  YORK  CITY  CHARTER  SHALL  APPLY TO ENTRY OF FINAL ORDERS IMPOSING
 PENALTIES PURSUANT TO THIS SECTION; PROVIDED FURTHER, THAT  SUBPARAGRAPH
 (A) OF PARAGRAPH TWO OF SUBDIVISION D OF SUCH SECTION MAY BE UTILIZED IN
 CONNECTION  WITH  SERVICE  OF CIVIL SUMMONSES NOTWITHSTANDING ANY INCON-
 SISTENT PROVISION OF SUCH CLAUSE; AND PROVIDED STILL FURTHER, THAT  SUCH
 TERMS AND LIMITATIONS SHALL NOT BE DEEMED CONDITIONS UPON THE SERVICE OR
 ENFORCEMENT  OF  CIVIL  SUMMONSES  OTHER THAN AS A CONDITION OF ENTRY AS
 JUDGMENTS PURSUANT TO THIS SUBDIVISION.
   § 4. This act shall take effect immediately and shall apply to actions
 and proceedings for the enforcement of section 26-3309 of  the  adminis-
 trative  code  of  the  city of New York, as amended by section three of
 this act, commenced on or after such date.

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Senate Bill S10088

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2025-S10088 (ACTIVE) - Details

2025-S10088 (ACTIVE) - Summary

2025-S10088 (ACTIVE) - Sponsor Memo

2025-S10088 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2025-S10088 (ACTIVE) - Details

2025-S10088 (ACTIVE) - Summary

2025-S10088 (ACTIVE) - Sponsor Memo

2025-S10088 (ACTIVE) - Bill Text download pdf

Comments