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

                                  6618

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2015
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on Housing

AN  ACT  to  amend  the  New  York  city charter, in relation to willful
  neglect of real property prevention

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  New  York  city  charter  is amended by adding a new
section 1806 to read as follows:
  S 1806. WILLFUL NEGLECT OF PROPERTY PREVENTION.  1. FOR  THE  PURPOSES
OF  THIS  SECTION  "WILLFUL  NEGLECT" SHALL MEAN IMPROPER MAINTENANCE OR
LACK OF MAINTENANCE RESULTING IN SUBSTANTIAL DETERIORATION OF THE  PROP-
ERTY.
  2. WHERE THERE HAVE BEEN THREE OR MORE GOOD FAITH COMPLAINTS, BY OR ON
BEHALF  OF  THE  TENANT,  TO THE DEPARTMENT OF ANY HEALTH OR SAFETY LAW,
REGULATION, CODE OR ORDINANCE, OR ANY LAW OF REGULATION WHICH HAS AS ITS
OBJECTIVE THE REGULATION OF PREMISES USED FOR DWELLING PURPOSES WITHIN A
PERIOD OF ONE HUNDRED TWENTY DAYS AND THE CONDITIONS HAVE NOT BEEN REME-
DIED AND ARE NOT IN THE PROCESS OF BEING REMEDIED THE  DEPARTMENT  SHALL
NOTIFY  THE  TENANTS  AND  THE DEPARTMENT OF BUILDINGS OF THE FAILURE TO
REPAIR.
  3. UPON THE CONSENSUS OF MORE THAN FIFTY PERCENT OF  THE  TENANTS,  AN
ACTION  SHALL  BE  COMMENCED  BY THE CITY TO COMPEL THE PERSON OR ENTITY
REQUIRED TO MAINTAIN THE PROPERTY TO UNDERTAKE REPAIRS AND IF  NECESSARY
TO  CEASE AND DESIST FROM REMOVING AND DESTROYING STRUCTURAL, MECHANICAL
AND ELECTRICAL SYSTEMS NECESSARY FOR THE DELIVERY OF ESSENTIAL SERVICES,
INCLUDING APPLIANCES, TO THE TENANTS.
  4. IF THE REPAIRS ARE NOT COMPLETED OR IF  THE  REMOVED  OR  DESTROYED
SYSTEMS  HAVE  NOT  BEEN REPLACED WITHIN NINETY DAYS OF THE JUDGMENT THE
DEPARTMENT SHALL NOTIFY THE PERSON OR ENTITY REQUIRED  TO  MAINTAIN  THE
PROPERTY  THAT  THE CITY SHALL PLACE A LIEN ON THE PROPERTY EQUAL TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09427-01-5

              

A. 6618                             2

COSTS OF THE REPAIRS, IMPROVEMENTS, REPLACEMENT AND  TREATMENT  MEASURES
REQUIRED TO REMEDY THE PROPERTY AND THE ADMINISTRATIVE FEES.
  5. THE DEPARTMENT SHALL ASSESS AND PREPARE A LIST OF REPAIRS, IMPROVE-
MENTS,  REPLACEMENTS AND TREATMENT MEASURES TO BE TAKEN BY THE PERSON OR
ENTITY REQUIRED TO MAINTAIN THE PROPERTY.
  6. THE DEPARTMENT SHALL ASSIGN A COMMUNITY BASED  HOUSING  DEVELOPMENT
CORPORATION TO MANAGE THE REPAIRS.
  7.  THE REPAIRS SHALL BE FINANCED BY PERSONAL INCOME TAX REVENUE BONDS
AUTHORIZED BY THE NEW YORK STATE HOUSING FINANCE AGENCY.
  8. THE PERSON OR ENTITY REQUIRED TO MAINTAIN  THE  PROPERTY  SHALL  BE
RESPONSIBLE  FOR  REIMBURSING THE CITY FOR THE COSTS OF REPAIRS IN ADDI-
TION TO INTEREST AND PENALTIES AND ANY ADMINISTRATIVE MANAGEMENT FEES.
  9. SHOULD THE REPAIRS, IMPROVEMENTS OR REPLACEMENTS REQUIRE RELOCATION
OF THE TENANT THE PERSON OR ENTITY REQUIRED  TO  MAINTAIN  THE  PROPERTY
MUST, AT THE TENANT'S OPTION, EITHER RELOCATE THE TENANT TO A COMPARABLE
HOUSING  ACCOMMODATION  IN  A CLOSELY PROXIMATE AREA THAT IS THE SAME OR
LOWER RENT OR COMPENSATE THE TENANT IN  AN  AMOUNT  NECESSARY  TO  COVER
THEIR COSTS OF RELOCATION FOR THE DURATION OF THE REPAIR.
  10.  THE  DEPARTMENT SHALL CREATE AN "IMMINENT DANGER" LIST OF PROPER-
TIES FOR WHICH MORE THAN FIVE COMPLAINTS  HAVE  BEEN  FILED  DURING  THE
COURSE  OF  ANY GIVEN CALENDAR YEAR. SAID LIST SHALL BE AVAILABLE ON THE
DEPARTMENT'S WEBSITE.
  11. THIS SECTION SHALL NOT PREEMPT, REDUCE  OR  LIMIT  ANY  RIGHTS  OR
OBLIGATIONS  IMPOSED BY ANY STATE OR LOCAL LAWS WITH RESPECT TO PROPERTY
MAINTENANCE AND A LOCALITY'S ABILITY TO ENFORCE THOSE LAWS OR A TENANT'S
RIGHT TO BE RESTORED TO THE VACATED PREMISES.
  S 2. This act shall take effect immediately.