Bill S1738-2013

Imposes penalties for non-compliance of division of housing and community renewal orders

Imposes penalties for non-compliance of DHCR orders by owners of multiple dwelling units; provides a fine of $5,000 for each instance of non-compliance.

Details

Actions

  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S1738

TITLE OF BILL: An act to amend the public housing law and the administrative code of the city of New York, in relation to penalties for non-compliance of division of housing and community renewal orders

PURPOSE OR GENERAL IDEA OF BILL: This bill would penalize landlords for noncompliance with division of housing and community renewal orders.

SUMMARY OF SPECIFIC PROVISIONS: The public housing law is amended by adding section 14-a, stating that any landlord or owner of a multiple dwelling who fails to comply with any order by the division of housing shall be subject to a fine of not more than five thousand dollars for each instance of non-compliance.

Title 26 of the administrative code of the city of New York is amended by adding a new Chapter 1 to read as follows: Penalties for non-compliance.

1. Any owner of a dwelling unit who fails to comply with any order by the division of housing and community renewal shall be subject to a fine of not more than five thousand dollars for each instance of non-compliance.

2. For purposes of this section, the term "owner" shall mean and include the owner or owners of the freehold of the premises or lesser state therein, a mortgage or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling.

JUSTIFICATION: Legislative efforts to improve housing conditions and assure protections for tenants axe stymied if building owners simply ignore government orders and regulations. BY institutionalizing the sensible policy of issuing financial penalties for non-compliance with Division of Housing and Community Renewal orders, existing and future tenants are more likely to be protected.

PRIOR LEGISLATIVE HISTORY: A.10922 of 2010

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1738 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. ESPAILLAT -- 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 public housing law and the administrative code of the city of New York, in relation to penalties for non-compliance of division of housing and community renewal orders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public housing law is amended by adding a new section 14-a to read as follows: S 14-A. PENALTIES FOR NON-COMPLIANCE. ANY LANDLORD OR OWNER OF A MULTIPLE DWELLING WHO FAILS TO COMPLY WITH ANY ORDER BY THE DIVISION OF HOUSING SHALL BE SUBJECT TO A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH INSTANCE OF NON-COMPLIANCE. S 2. Title 26 of the administrative code of the city of New York is amended by adding a new chapter 1 to read as follows: CHAPTER 1 MISCELLANEOUS SECTION 26-101 PENALTIES FOR NON-COMPLIANCE. S 26-101 PENALTIES FOR NON-COMPLIANCE. 1. ANY OWNER OF A DWELLING UNIT WHO FAILS TO COMPLY WITH ANY ORDER BY THE DIVISION OF HOUSING AND COMMU- NITY RENEWAL SHALL BE SUBJECT TO A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH INSTANCE OF NON-COMPLIANCE. 2. FOR PURPOSES OF THIS SECTION: (A) THE TERM "OWNER" SHALL MEAN AND INCLUDE THE OWNER OR OWNERS OF THE FREEHOLD OF THE PREMISES OR LESSER ESTATE THEREIN, A MORTGAGEE OR VENDEE IN POSSESSION, ASSIGNEE OF RENTS, RECEIVER, EXECUTOR, TRUSTEE, LESSEE, AGENT, OR ANY OTHER PERSON, FIRM OR CORPORATION, DIRECTLY OR INDIRECTLY IN CONTROL OF A DWELLING; AND
(B) THE TERM "DWELLING UNIT" SHALL MEAN ANY RESIDENTIAL ACCOMMODATION IN A MULTIPLE DWELLING OR PRIVATE DWELLING. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

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