Authorizes localities to establish administrative proceedings for the enforcement of state and local housing maintenance codes; permits administratively imposed penalties to be dockets and enforced in the same manner as a judgement in a civil action without further judicial proceedings.

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S450-2011 Actions

• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Apr 13, 2011: DEFEATED IN HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Mar 18, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S450-2011 Meetings

Housing, Construction and Community Development: Apr 13, 2011

S450-2011 Votes

S450-2011 Memo

BILL NUMBER:S450

TITLE OF BILL:
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

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

SUMMARY OF PROVISIONS:
This bill would authorize localities to establish 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, lax code enforcement has been exacerbated 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 quality of the
state's housing stock.

PRIOR LEGISLATIVE HISTORY:
2002:    S.6899
2003-04: S.3096
2005-06: S.1456
2007-08: S.3401
2009-10: S.3857

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S450-2011 Text

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

                                     450

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by Sens. KRUEGER, DUANE, HUNTLEY, 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.
                                                             LBD01791-01-1

 S. 450                              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.