S T A T E   O F   N E W   Y O R K
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                                  5674

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  -- Multi-Sponsored by -- M. of A.
  CLARK, CYMBROWITZ, FARRELL, JACOBS, PHEFFER, J. RIVERA  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05942-01-9

              

A. 5674                             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.