S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6693
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2021
                                ___________
 
 Introduced  by  M.  of  A. BICHOTTE HERMELYN, COLTON, RICHARDSON -- read
   once and referred to the Committee 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-i to read as follows:
   §  235-I. 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.
              

                                                            LBD06495-01-1

 A. 6693                             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.