STATE OF NEW YORK ________________________________________________________________________ 2196--A 2023-2024 Regular Sessions IN SENATE January 19, 2023 ___________ Introduced by Sens. RIVERA, FERNANDEZ, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the executive law and the administrative code of the city of New York, in relation to imposing certain penalties related to violations of building and fire code standards within fourteen days and increasing certain fines for violations of housing standards The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 382 of the executive law, as 2 amended by chapter 571 of the laws of 2021, is amended and a new subdi- 3 vision 5 is added to read as follows: 4 2. Any person, having been served, either personally or by registered 5 or certified mail, with an order to remedy any condition found to exist 6 in, on, or about any building in violation of the uniform fire 7 prevention and building code, who shall fail to comply with such order 8 within the time fixed by the regulations promulgated by the secretary 9 pursuant to subdivision one of section three hundred eighty-one of this 10 article, such time period to be stated in the order, and any owner, 11 builder, architect, tenant, contractor, subcontractor, construction 12 superintendent or their agents or any other person taking part or 13 assisting in the construction of any building who shall knowingly 14 violate any of the applicable provisions of the uniform code or any 15 lawful order of a local government, a county or the secretary made ther- 16 eunder regarding standards for construction, maintenance, or fire 17 protection equipment and systems, shall be punishable by a fine of not 18 [more than one thousand dollars per day of violation, or imprisonment EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02969-02-3
S. 2196--A 2 1 not exceeding one year, or both for the first one hundred eighty days, 2 and for the following one hundred eighty days shall be punishable by a 3 fine of no less than twenty-five dollars and not more than one thousand 4 dollars per day of violation or imprisonment not exceeding one year, or 5 both and thereafter shall be punishable by a fine of no less than fifty 6 dollars and not more than one thousand dollars per day of violation] 7 less than twenty-five dollars nor more than one hundred fifty dollars 8 for each non-hazardous violation, not less than fifty dollars nor more 9 than five hundred dollars per day for each hazardous violation, two 10 hundred dollars per day for each immediately hazardous violation, occur- 11 ring in a multiple dwelling containing ten or fewer dwelling units, from 12 the date set for correction in the notice of violation until the 13 violation is corrected, and not less than one hundred dollars nor more 14 than one thousand five hundred dollars and, in addition, not less than 15 one hundred twenty-five dollars nor more than one thousand dollars per 16 day for each immediately hazardous violation, occurring in a multiple 17 dwelling containing more than ten dwelling units, from the date set for 18 correction in the notice of violation until the violation is corrected, 19 or imprisonment not exceeding one year, or both. A person making a 20 false certification of correction of a violation shall be subject to a 21 civil penalty in the following amounts, in addition to the other penal- 22 ties herein provided: not less than five hundred dollars nor more than 23 two thousand five hundred dollars for each immediately hazardous 24 violation falsely certified, not less than two hundred fifty dollars nor 25 more than five hundred dollars for each hazardous violation falsely 26 certified, and not less than fifty dollars nor more than two hundred 27 fifty dollars for each non-hazardous violation falsely certified. 28 5. Any daily penalty levied pursuant to subdivision two of this 29 section on a person who is in violation of the uniform fire prevention 30 and building code and who has failed to comply with an order to remedy 31 such violation within the time fixed by the regulations promulgated by 32 the secretary pursuant to subdivision one of section three hundred 33 eighty-one of this article shall be assessed no later than the four- 34 teenth day of such violation. 35 § 2. Subdivision (a) of section 27-2115 of the administrative code of 36 the city of New York, as amended by local law number 63 of the city of 37 New York for the year 2022, is amended to read as follows: 38 (a) A person who violates any law relating to housing standards shall 39 be subject to a civil penalty of not less than [ten] twenty-five dollars 40 nor more than one hundred fifty dollars for each non-hazardous 41 violation, not less than [twenty-five] fifty dollars nor more than [one] 42 five hundred dollars [and ten dollars] per day for each hazardous 43 violation, [fifty] two hundred dollars per day for each immediately 44 hazardous violation, occurring in a multiple dwelling containing [five] 45 ten or fewer dwelling units, from the date set for correction in the 46 notice of violation until the violation is corrected, and not less than 47 [fifty] one hundred dollars nor more than one [hundred fifty] thousand 48 five hundred dollars and, in addition, not less than one hundred twen- 49 ty-five dollars nor more than one thousand dollars per day for each 50 immediately hazardous violation, occurring in a multiple dwelling 51 containing more than [five] ten dwelling units, from the date set for 52 correction in the notice of violation until the violation is corrected. 53 A person making a false certification of correction of a violation shall 54 be subject to a civil penalty in the following amounts, in addition to 55 the other penalties herein provided: not less than five hundred dollars 56 nor more than [one] two thousand five hundred dollars for each imme-
S. 2196--A 3 1 diately hazardous violation falsely certified, not less than two hundred 2 fifty dollars nor more than five hundred dollars for each hazardous 3 violation falsely certified, and not less than fifty dollars nor more 4 than two hundred fifty dollars for each non-hazardous violation falsely 5 certified. 6 § 3. Subdivision (a) of section 27-2115 of the administrative code of 7 the city of New York, as amended by local law number 71 of the city of 8 New York for the year 2023, is amended to read as follows: 9 (a) In addition to any other penalty authorized by this chapter, a 10 person who violates any law relating to housing standards shall be 11 subject to a civil penalty as follows: 12 (1) For each non-hazardous violation, not less than fifty dollars nor 13 more than one hundred fifty dollars, and, in addition, from the date set 14 for correction in the notice of violation until the violation is 15 corrected, twenty-five dollars per day; 16 (2) For each hazardous violation, not less than seventy-five dollars 17 nor more than five hundred dollars, and, in addition, from the date set 18 for correction in the notice of violation until the violation is 19 corrected, not less than twenty-five dollars nor more than one hundred 20 twenty-five dollars per day; and 21 (3) For each immediately hazardous violation: 22 (i) In a multiple dwelling containing [five] ten or fewer dwelling 23 units, not less than one hundred fifty dollars nor more than seven 24 hundred fifty dollars, and, in addition, from the date set for 25 correction in the notice of violation until the violation is corrected, 26 not less than fifty dollars nor more than one hundred fifty dollars per 27 day; and 28 (ii) In a multiple dwelling containing more than [five] ten dwelling 29 units, not less than one hundred fifty dollars nor more than one thou- 30 sand two hundred dollars, and, in addition, from the date set for 31 correction in the notice of violation until the violation is corrected, 32 not less than one hundred fifty dollars nor more than one thousand two 33 hundred dollars per day. 34 (4) Provided, however, that in addition to the other penalties herein 35 provided, a person who makes a false certification of correction of a 36 violation shall be subject to a civil penalty as follows: 37 (i) For each non-hazardous violation falsely certified, not less than 38 fifty dollars nor more than two hundred fifty dollars; 39 (ii) For each hazardous violation falsely certified, not less than two 40 hundred fifty dollars nor more than five hundred dollars; and 41 (iii) For each immediately hazardous violation falsely certified, not 42 less than five hundred dollars nor more than one thousand dollars. 43 § 4. This act shall take effect immediately; provided, however, that 44 if local law number 71 of the city of New York for the year 2023 shall 45 not have taken effect on or before such date then section three of this 46 act shall take effect on the same date and in the same manner as such 47 local law of the city of New York takes effect.