Bill S59-2013

Increases civil penalties for violations of building maintenance standards within the city of New York

Increases civil penalties for violations of state and local laws which pertain to building maintenance and operation within the city of New York.

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:S59

TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to the imposition of civil penalties for violation of state and local laws for building maintenance and operation

PURPOSE: To increase penalties for violation of laws for building maintenance and operation.

SUMMARY OF PROVISIONS: Subdivision (a) of section 27-2115 of the administrative code of the City of New York, as amended by local law number 65 of the city of New York for the year 1987 is amended. The bill would increase, to a more reasonable amount, fines for violation of state and local laws pertaining to building maintenance and operation. Violation of any law relating to housing standards shall bring a penalty of not less than fifteen dollars, nor more than seventy-five dollars for each class A violation; not less than fifty dollars nor more than two hundred and twenty dollars per day for each class B violation; and fifty dollars per day for each class C violation occurring in a multiple dwelling containing five or fewer dwelling units, from the date set for correction in the notice of violation until the violation is corrected, and not less than fifty dollars nor more than one hundred fifty dollars per day for each class C violation, occurring in a multiple dwelling containing more than five dwelling units, from the date set for correction in the notice of violation until the violation is corrected. Fines for false certification of correction shall be raised to not less than seventy-five dollars or more than three hundred dollars for each violation falsely certified.

JUSTIFICATION: Passage of the bill is important to keep fines for building violation in line with present day costs. This is especially important in the area of dangerous violations, where there is a threat to health or life. The present fines are so low that it is often less expensive for an owner found violating the law to pay a fine a number of times than to improve the building.

LEGISLATIVE HISTORY: 2011-12: S.601 2010: S.7393/A.10627

FISCAL IMPLICATIONS: To be determined.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 59 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PERALTA -- 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 administrative code of the city of New York, in relation to the imposition of civil penalties for violation of state and local laws for building maintenance and operation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 27-2115 of the administrative code of the city of New York, as amended by local law number 65 of the city of New York for the year 1987, is amended to read as follows: (a) A person who violates any law relating to housing standards shall be subject to a civil penalty of not less than [ten] FIFTEEN dollars nor more than [fifty] SEVENTY-FIVE dollars for each [non-hazardous] CLASS A violation, not less than [twenty-five] FIFTY dollars nor more than [one] TWO hundred [dollars] and [ten] TWENTY dollars per day for each [hazard- ous] CLASS B violation, AND fifty dollars per day for each [immediately hazardous] CLASS C violation, occurring in a multiple dwelling contain- ing five or fewer dwelling units, from the date set for correction in the notice of violation until the violation is corrected, and not less than fifty dollars nor more than one hundred fifty dollars and, in addi- tion, one hundred twenty-five dollars per day for each [immediately hazardous] CLASS C violation, occurring in a multiple dwelling contain- ing more than five dwelling units, from the date set for correction in the notice of violation until the violation is corrected. A person wilfully making a false certification of correction of a violation shall be subject to a civil penalty of not less than [fifty] SEVENTY-FIVE dollars nor more than [two hundred fifty] THREE HUNDRED dollars for each violation falsely certified, in addition to the other penalties herein provided. S 2. This act shall take effect on the sixtieth day after it shall have become a law.

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