S T A T E   O F   N E W   Y O R K
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                                  8194

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT  to  amend the real property law, in relation to establishing an
  emergency repair program

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

  Section  1.  The  real property law is amended by adding a new section
235-h to read as follows:
  S 235-H. EMERGENCY REPAIR PROGRAM. 1. EVERY MUNICIPALITY SHALL SET  UP
A  PROGRAM  THAT  REPAIRS EMERGENCY VIOLATIONS OF HABITABILITY FOR RESI-
DENTS IN A TIMELY MANNER AND BILLS THE OWNERS OF THE PROPERTY  FOR  SUCH
REPAIRS.  EMERGENCY VIOLATIONS INCLUDE BUT ARE NOT LIMITED TO STRUCTURAL
STABILITY   OF   BUILDINGS,  ACCESSIBILITY  OF  BUILDINGS,  MOLD  AND/OR
LEAD-BASED PAINT ISSUES.
  2. THE MUNICIPALITY MAY BILL THE PROPERTY OWNER FOR THE  COST  OF  THE
EMERGENCY  REPAIR  PLUS  RELATED  FEES  AND/OR FOR THE COST OF SENDING A
CONTRACTOR TO ATTEMPT TO MAKE REPAIRS. SUCH CHARGES WILL APPEAR  ON  THE
PROPERTY  TAX  BILL.  IF  THE OWNER FAILS TO PAY, THE MUNICIPALITY SHALL
FILE A TAX LIEN AGAINST SUCH OWNER. THE TAX LIEN WILL BEAR INTEREST  AND
MAY BE SOLD AND/OR FORECLOSED TO COLLECT THE AMOUNT OWED.
  3.  PROPERTY OWNERS CAN AVOID EMERGENCY REPAIR AND SERVICE CHARGES AND
REMOVE THE VIOLATION OR VIOLATIONS FROM MUNICIPALITY RECORDS AT NO  COST
BY  CORRECTING  THE VIOLATION OR EMERGENCY CONDITION AND CERTIFYING SUCH
CORRECTION TO THE MUNICIPALITY NO LATER THAN THIRTY DAYS FROM NOTICE  OF
SUCH VIOLATION OR COMPLYING WITH A VIOLATION OR ORDER AS DIRECTED BY THE
ISSUING  MUNICIPALITY.  PROPERTY OWNERS MAY CONTACT THE MUNICIPALITY FOR
A LIST OF CONTRACTORS.
  4. PROPERTY OWNERS MAY PROTEST AN EMERGENCY REPAIR CHARGE  BY  SUBMIT-
TING  THEIR  PROTEST IN WRITING AND DELIVERING IT TO THE MUNICIPALITY ON
OR BEFORE THE PAYMENT DUE DATE LISTED ON THE STATEMENT OF ACCOUNT.  SUCH
OWNER  MAY REQUEST AN INVOICE THAT SUPPORTS THE MUNICIPALITY'S EMERGENCY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11358-02-5
              

A. 8194                             2

REPAIR CHARGE PRIOR TO PROTESTING THE  CHARGE.  FAILURE  TO  PROTEST  AN
EMERGENCY  REPAIR  CHARGE  WITHIN  THE  TIME ALLOWED NEGATES THE OWNER'S
RIGHT TO CONTEST THE CHARGE IN ANY SUBSEQUENT ADMINISTRATIVE OR JUDICIAL
PROCEEDING.
  5.  EACH MUNICIPALITY SHALL NOTIFY OWNERS OF PROPERTY ON RECORD OF THE
EMERGENCY REPAIR PROGRAM AND MAKE ALL INFORMATION REGARDING SUCH PROGRAM
FREELY AND PUBLICLY AVAILABLE ON ITS WEBSITE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law. Effective immediately, the addition, amendment and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date is authorized to be  made  on  or  before
such effective date.