S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3182
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  HAMILTON, HOYLMAN, MONTGOMERY, PERKINS,
   SERRANO, STAVISKY -- read twice and ordered printed, and when  printed
   to be committed to the Committee on Housing, Construction and Communi-
   ty Development
 
 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.
              

                                                            LBD05429-01-7

 S. 3182                             2
 
 civil  OR ADMINISTRATIVELY IMPOSED penalties may be enforced against the
 dwelling by the imposition of a lien against the rents therefrom.
   §  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.
   § 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.
   §  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.