S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1356
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 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
 civil OR ADMINISTRATIVELY IMPOSED penalties may be enforced against  the
 dwelling by the imposition of a lien against the rents therefrom.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00687-01-1

 A. 1356                             2
 
   §  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.
   § 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.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall apply to any  proceedings  commenced  on  or
 after such effective date.