Assembly Bill A6423A

2013-2014 Legislative Session

Relates to penalties for building code violations and nuisances and for landlords who allow tenants to violate building codes or create nuisances

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Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A6423 - Details

Current Committee:
Assembly Housing
Law Section:
Multiple Dwelling Law
Laws Affected:
Add §305-a, Mult Dwell L

2013-A6423 - Summary

Relates to penalties for building code violations and nuisances and for landlords who allow tenants to violate such building codes or create nuisances.

2013-A6423 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6423

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced by M. of A. ROBERTS, COOK, JAFFEE -- Multi-Sponsored by -- M.
  of  A.  ARROYO, HIKIND, MAGEE, WEISENBERG -- read once and referred to
  the Committee on Housing

AN ACT to amend the multiple dwelling law, in relation to penalties  for
  landlords  who  allow  tenants  to  violate  building  codes or create
  nuisances

  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 305-a to read as follows:
  S 305-A. PENALTIES FOR BUILDING CODES  VIOLATIONS  AND  NUISANCES.  1.
MUNICIPALITIES,  TOWNS  AND  VILLAGES  MAY  FINE A LANDLORD WHO FAILS TO
REMEDY A BUILDING CODE VIOLATION OR NUISANCE ON THEIR PROPERTY. A.  SUCH
FINE SHALL BE FOR A FIXED AMOUNT ON A FEE SCALE ESTABLISHED BY THE MUNI-
CIPALITY,  TOWN  OR  VILLAGE AND SHALL BE EXCLUSIVE OF ANY SURCHARGES OR
FEES ASSESSED BY THE MUNICIPALITY, TOWN OR VILLAGE. B. THE AMOUNT OF THE
FINES SHALL RANGE BETWEEN TWO HUNDRED AND FIFTY DOLLARS AND  FIVE  THOU-
SAND  DOLLARS  DEPENDING  ON  THE  NATURE AND EXTENT OF THE VIOLATION OR
NUISANCE AND THE FEE SCALE ESTABLISHED  BY  THE  MUNICIPALITY,  TOWN  OR
VILLAGE.
  2.  IN THE EVENT THAT SUCH BUILDING CODE VIOLATION OR NUISANCE ARE THE
RESULT OF ACTIONS TAKEN BY A TENANT RESIDING IN THE BUILDING  THE  LAND-
LORD MAY DEDUCT THE COST OF SUCH FINES FROM THE TENANT'S SECURITY DEPOS-
IT.
  3. IN ORDER FOR A LANDLORD TO BE FINED UNDER THIS SECTION THE LANDLORD
SHALL:
  A.  HAVE  RECEIVED ACTUAL NOTICE OF THE BUILDING CODE VIOLATION AND OR
NUISANCE,
  B. HAVE FAILED TO TAKE ANY ACTION TO CURE SUCH VIOLATION OR  NUISANCE,
AND
  C. MORE THAN THIRTY DAYS HAVE PASSED SINCE THE LANDLORD RECEIVED ACTU-
AL NOTICE OF THE BUILDING CODE VIOLATION OR NUISANCE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

co-Sponsors

multi-Sponsors

2013-A6423A (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Multiple Dwelling Law
Laws Affected:
Add §305-a, Mult Dwell L

2013-A6423A (ACTIVE) - Summary

Relates to penalties for building code violations and nuisances and for landlords who allow tenants to violate such building codes or create nuisances.

2013-A6423A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6423--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M. of A. ROBERTS, COOK, JAFFEE, MONTESANO -- Multi-Spon-
  sored by -- M. of A. ARROYO, HIKIND, MAGEE, WEISENBERG  --  read  once
  and referred to the Committee on Housing -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the multiple dwelling law, in relation to penalties  for
  building  code  violations  and  nuisances and for landlords who allow
  tenants to violate building codes or create nuisances

  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 305-a to read as follows:
  S 305-A. PENALTIES FOR BUILDING  CODE  VIOLATIONS  AND  NUISANCES.  1.
MUNICIPALITIES, TOWNS, VILLAGES AND CITIES MAY FINE A LANDLORD WHO FAILS
TO REMEDY A BUILDING CODE VIOLATION OR NUISANCE ON THEIR PROPERTY.
  A. SUCH FINE SHALL BE FOR A FIXED AMOUNT ON A FEE SCALE ESTABLISHED BY
THE  MUNICIPALITY,  TOWN,  VILLAGE OR CITY AND SHALL BE EXCLUSIVE OF ANY
SURCHARGES OR FEES ASSESSED BY THE MUNICIPALITY, TOWN, VILLAGE OR CITY.
  B. THE AMOUNT OF THE FINES  SHALL  RANGE  BETWEEN  TWO  HUNDRED  FIFTY
DOLLARS  AND FIVE THOUSAND DOLLARS DEPENDING ON THE NATURE AND EXTENT OF
THE VIOLATION OR NUISANCE AND THE FEE SCALE ESTABLISHED BY  THE  MUNICI-
PALITY, TOWN, VILLAGE OR CITY.
  2.  IN  THE EVENT THAT SUCH BUILDING CODE VIOLATION OR NUISANCE IS THE
RESULT OF ACTIONS TAKEN BY A TENANT RESIDING IN THE BUILDING  THE  LAND-
LORD MAY DEDUCT THE COST OF SUCH FINES FROM THE TENANT'S SECURITY DEPOS-
IT.
  3. IN ORDER FOR A LANDLORD TO BE FINED UNDER THIS SECTION THE LANDLORD
SHALL:
  A.  HAVE  RECEIVED ACTUAL NOTICE OF THE BUILDING CODE VIOLATION AND/OR
NUISANCE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09554-02-3

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