S T A T E   O F   N E W   Y O R K
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                                   562

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03743-01-5
              

A. 562                              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 on the thirtieth day after it shall
have become a law and shall apply to any  proceedings  commenced  on  or
after such effective date.