S3165-2013 Actions

• Jan 31, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S3165-2013 Memo

BILL NUMBER:S3165

TITLE OF BILL:  An act to amend the multiple dwelling law and the multi-
ple  residence law, in relation to authorizing administrative imposition
of civil penalties in the enforcement of state and local housing mainte-
nance laws

PURPOSE:  To authorize administrative proceedings for the enforcement of
housing maintenance codes.

SUMMARY OF PROVISIONS:  This bill would authorize localities  to  estab-
lish  administrative  proceedings,  in addition to judicial proceedings,
for the  enforcement  of  housing  maintenance  codes.  Administratively
imposed penalties would be docketed and enforced in the same manner as a
judgement in a civil action without judicial proceedings.

JUSTIFICATION:    Presently,  localities  are  required to enforce their
housing codes through judicial proceedings. Several localities, however,
are slow in their enforcement measures and in some cases actions are not
taken  because  the  courts  are  backlogged   with   summary   eviction
proceedings.    The  most  glaring  example  is  New York City which has
millions of outstanding code violations. The amount of  fines  owed  the
City  from unenforced violations from scofflaw landlords is substantial.
In NYC and other municipalities, tax code enforcement has  been  exacer-
bated  by  severe  state cutbacks in support for local governments' code
enforcement activities. This bill would simply authorize  localities  to
adopt  administrative  proceedings as an alternative to court action for
the enforcement of  housing  code  violations.  This  alternative  could
generate substantial revenues as well as preserve and improve the quali-
ty of the state's housing stock.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

S3165-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3165
 2013-2014 Regular Sessions
 I N  SENATE
 January 31, 2013
 
 Introduced by Sens. KRUEGER, STAVISKY -- 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 multiple dwelling law  and  the  multiple  residence
 law,  in  relation  to  authorizing administrative imposition of civil
 penalties in the enforcement of state and  local  housing  maintenance
 laws
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraphs a and b of subdivision 4 of  section  3  of  the
 multiple  dwelling  law,  as amended by chapter 516 of the laws of 1983,
 are amended to read as follows:

 a.  Any city, town or village may make local laws, ordinances,  resol
 utions  or  regulations not less restrictive than those provided in this
 chapter and may provide for their  enforcement  by  legal  or  equitable
 actions  or proceedings, OR BY ADMINISTRATIVE PROCEEDINGS, and prescribe
 the penalties, sanctions and remedies for violations thereof.    In  the
 enforcement  and  administration  of  this  chapter  in  a city of three
 hundred twenty-five thousand or more persons, the  penalties,  sanctions
 and  remedies enacted by local law may be applied, notwithstanding their
 inconsistency with this chapter, or the provisions of this chapter.
 b. In a city of three hundred twenty-five thousand  or  more  persons,
 such  local  laws  may authorize such actions or proceedings against the
 owner, lessee of a whole multiple dwelling, agent or other person having
 control of such dwelling, and any  responsible  party,  or  against  the
 dwelling in rem. Such local laws may further authorize (1) that civil OR
 ADMINISTRATIVELY  IMPOSED  penalties  may be enforced against the person
 liable therefor, and that in addition to the methods of enforcement  for
 judgments established in the civil practice law and rules, a lien may be
 imposed  against  the  premises  and  the rents therefrom; (2) that such
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00960-01-3
 
       S. 3165                             2
 civil OR ADMINISTRATIVELY IMPOSED penalties may be enforced against  the
 dwelling by the imposition of a lien against the rents therefrom.
 

S  2. Paragraph c of subdivision 4 of section 3 of the multiple dwell
 ing law, as amended by chapter 516 of the laws of 1978,  is  amended  to
 read as follows:

 c.    Such  local  laws  may also authorize that all liens upon rents,
 whether authorized by state or  local  law,  may  be  satisfied  without
 further judicial proceedings by the collection of rents due or to become
 due;  AND  MAY FURTHER AUTHORIZE THAT ADMINISTRATIVELY IMPOSED PENALTIES
 MAY BE DOCKETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL
 ACTION WITHOUT FURTHER JUDICIAL PROCEEDINGS.
 

S 3.

Section 304 of the multiple residence law is amended by adding  a
 new subdivision 3 to read as follows:

 3.  IN  ADDITION  TO  THE PENALTIES IMPOSED IN SUBDIVISION ONE OF THIS
 SECTION, ANY CITY, TOWN OR VILLAGE MAY PROVIDE FOR  THE  ENFORCEMENT  OF
 THE PROVISIONS OF THIS CHAPTER OR OF LOCAL LAWS, ORDINANCES, RESOLUTIONS
 OR REGULATIONS PROMULGATED PURSUANT HERETO BY ADMINISTRATIVE PROCEEDINGS
 AND  MAY AUTHORIZE ADMINISTRATIVELY IMPOSED PENALTIES WHICH MAY BE DOCK
 ETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT  IN  A  CIVIL  ACTION
 WITHOUT FURTHER JUDICIAL PROCEEDINGS.
 

S  4.  This  act  shall take effect immediately and shall apply to any
 proceedings commenced on or after such effective date.

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