S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    928
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 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:
   § 235-H. EMERGENCY REPAIR PROGRAM. 1. EVERY MUNICIPALITY SHALL SET  UP
 A  PROGRAM  THAT  REPAIRS EMERGENCY VIOLATIONS OF HABITABILITY FOR RESI-
 DENTS IN TWENTY-FOUR TO FORTY-EIGHT HOURS FROM  NOTIFICATION  AND  BILLS
 THE OWNERS OF THE PROPERTY FOR SUCH REPAIRS. THE PROGRAM SHALL INCLUDE A
 HOTLINE  FOR TENANTS, ACCESSIBLE VIA A TOLL-FREE PHONE NUMBER, TO REPORT
 POTENTIAL EMERGENCY VIOLATIONS OF HABITABILITY. SUCH VIOLATIONS SHALL BE
 ACCESSED FOR ELIGIBILITY VIA THE HOTLINE AND ANY CONTRACTOR CONTACTED TO
 REPAIR SUCH VIOLATIONS SHALL VERIFY ITS EXISTENCE  TO  THE  MUNICIPALITY
 FOR PROGRAM ELIGIBILITY. PROOF OF NOTICE TO THE PROPERTY OWNER REGARDING
 SUCH  VIOLATION  OR  VIOLATIONS IS REQUIRED FOR PROGRAM ELIGIBILITY. ALL
 COSTS OF THE HOTLINE SHALL BE PAID FOR BY  THE  MUNICIPALITY.  EMERGENCY
 VIOLATIONS INCLUDE BUT ARE NOT LIMITED TO STRUCTURAL STABILITY OF BUILD-
 INGS, ACCESSIBILITY OF BUILDINGS, MOLD AND/OR LEAD-BASED PAINT ISSUES.
   2.  THE  MUNICIPALITY DESCRIBED IN SUBDIVISION ONE OF THIS SECTION 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, AS WELL
 AS ON A SEPARATE NOTICE SENT TO THE OWNER ONCE THE REPAIRS ARE COMPLETE.
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01527-02-7

 A. 928                              2
 
 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.  ANYTHING  LESS  THAN  A FULL REPAIR SHALL NOT BE
 ACCEPTABLE IN CORRECTING THE VIOLATION  OR  VIOLATIONS.  IF  A  PROPERTY
 OWNER  ATTEMPTS  TO  PATCH  THE VIOLATION OR DO SURFACE WORK, SUCH OWNER
 SHALL BE FINED DOUBLE FOR  THE  VIOLATION  OR  VIOLATIONS  AND  MAY  NOT
 PROTEST THE EMERGENCY REPAIR CHARGE PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION.
   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
 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.
   § 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 are authorized to be made  on  or  before
 such effective date.