NY State Senate Bill 2021-S8795A

Senate Bill S8795A

2021-2022 Legislative Session

Imposes certain penalties related to violations of building and fire code standards within fourteen days and increases certain fine amounts for violations of housing standards in New York city

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2022	referred to governmental operations delivered to assembly passed senate
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.824
Apr 21, 2022	print number 8795a
Apr 21, 2022	amend and recommit to housing, construction and community development
Apr 18, 2022	referred to housing, construction and community development

Votes

- May 9, 2022 - Floor Vote
  S8795A
  
  42
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 9, 2022
      
      aye (42)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Felder
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
      
      excused (1)
      
      Brouk
  Apr 26, 2022 - Housing, Construction And Community Development Committee Vote
  S8795A
  
  8
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Apr 26, 2022
      
      aye (8)
      
      Brisport
      
      Jackson
      
      Kavanagh
      
      Mannion
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar
      
      nay (2)
      
      Boyle
      
      Helming
      
      aye wr (1)
      
      Martucci

Bill Amendments

Original

A (Active)

2021-S8795 - Details

See Assembly Version of this Bill:: A9163
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §382, Exec L; amd §27-2115, NYC Ad Cd
Versions Introduced in 2023-2024 Legislative Session:: S2196, A8863

2021-S8795 - Summary

Requires that any penalties for violations of housing standards or building and fire codes be assessed and imposed within fourteen days; increases certain fine amounts for violations of housing standards in New York city.

2021-S8795 - Sponsor Memo

                                 
BILL NUMBER: S8795

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the executive law and the administrative code of the
city of New York, in relation to imposing certain penalties related to
violations of building and fire code standards within fourteen days and
increasing certain fines for violations of housing standards

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill imposes certain penalties related to violations of building
and fire code standards within fourteen days, and increases certain fine
amounts for violations of housing standards in New York City.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 382 of the executive law by adding a new
subdivision 5 to provide that any penalty levied on a person in
violation of the uniform fire prevention and building code who has not
complied with an order to remedy the violation, shall have a penalty

imposed within a period of fourteen days of the violation.  The individ-
ual in violation shall be notified upon imposition of the penalty.

Section 2: Amends Subdivision (a) of section 27-2115 of the administra-
tive code of the city of New York, as amended by local law number 65 of
the city of New York for the year 1987, to increase civil penalties
related to housing standards. Penalties shall be levied within fourteen
days of the violation, and the person in violation shall be notified
upon imposition of the penalty.

Section 3: This act shall take effect immediately

 
JUSTIFICATION:

Penalties for violating housing standards in New York City were codified
in 1987. As it is has been over thirty years since the penalties were
first established, it is appropriate that these penalties be increased
to accommodate for inflation and the increased cost of living in the
city. This bill provides that these penalties are antiquated and
strengthened to provide incentive for adherence to housing code stand-
ards in New York City.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2021-S8795 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8795
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the executive law and the administrative code of the
   city of New York, in relation to imposing certain penalties related to
   violations of building and fire code standards  within  fourteen  days
   and increasing certain fines for violations of housing standards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 382 of the executive law is amended by adding a new
 subdivision 5 to read as follows:
   5. ANY PENALTY LEVIED PURSUANT TO SUBDIVISION TWO OF THIS SECTION ON A
 PERSON WHO IS IN VIOLATION OF THE UNIFORM FIRE PREVENTION  AND  BUILDING
 CODE AND WHO HAS FAILED TO COMPLY WITH AN ORDER TO REMEDY SUCH VIOLATION
 WITHIN  THE  TIME  FIXED BY THE REGULATIONS PROMULGATED BY THE SECRETARY
 PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF  THIS
 ARTICLE  SHALL BE ASSESSED AND IMPOSED SUCH PENALTY WITHIN FOURTEEN DAYS
 OF SUCH VIOLATION. SUCH PERSON SHALL BE NOTIFIED AT SUCH TIME THAT  SUCH
 PENALTY HAS BEEN IMPOSED.
   §  2. Subdivision (a) of section 27-2115 of the administrative code of
 the city of New York, as amended by local law number 65 of the  city  of
 New York for the year 1987, is amended to read as follows:
   (a)  A person who violates any law relating to housing standards shall
 be subject to a civil penalty of not less than [ten] ONE HUNDRED dollars
 nor more than  [fifty]  FIVE  HUNDRED  dollars  for  each  non-hazardous
 violation,  not  less  than  [twenty-five] FIVE HUNDRED dollars nor more
 than one THOUSAND FIVE hundred dollars and ten dollars per day for  each
 hazardous violation, [fifty] ONE THOUSAND dollars per day for each imme-
 diately hazardous violation, occurring in a multiple dwelling containing
 five  or  fewer  dwelling units, from the date set for correction in the
 notice of violation until the violation is corrected, and not less  than
 [fifty] ONE THOUSAND dollars nor more than [one hundred fifty] TEN THOU-
 SAND  dollars  and,  in  addition,  one  [hundred  twenty-five] THOUSAND
 dollars per day for each immediately hazardous violation, occurring in a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14326-02-2
 S. 8795                             2

 multiple dwelling containing more than five  dwelling  units,  from  the
 date  set  for correction in the notice of violation until the violation
 is corrected.   A person [wilfully] WILLFULLY  making  a  false  certif-
 ication of correction of a violation shall be subject to a civil penalty
 of not less than [fifty] TEN THOUSAND dollars nor more than [two hundred
 fifty]  TWENTY-FIVE  THOUSAND  dollars for each violation falsely certi-
 fied, in addition to the other penalties herein provided.   ANY  PENALTY
 LEVIED PURSUANT TO THIS SUBDIVISION SHALL BE ASSESSED AND IMPOSED WITHIN
 FOURTEEN  DAYS  OF  SUCH VIOLATION AND SUCH PERSON IN VIOLATION SHALL BE
 NOTIFIED AT SUCH TIME THAT SUCH PENALTY HAS BEEN IMPOSED.
   § 3. This act shall take effect immediately.

co-Sponsors

2021-S8795A (ACTIVE) - Details

See Assembly Version of this Bill:: A9163
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §382, Exec L; amd §27-2115, NYC Ad Cd
Versions Introduced in 2023-2024 Legislative Session:: S2196, A8863

2021-S8795A (ACTIVE) - Summary

2021-S8795A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8795A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the executive law and the administrative code of the
city of New York, in relation to imposing certain penalties related to
violations of building and fire code standards within fourteen days and
increasing certain fines for violations of housing standards

 
TITLE OF BILL:

An act to amend the executive law and the administrative code of the
city of New York, in relation to imposing certain penalties related to
violations of building and fire code standards within fourteen days and
increasing certain fines for violations of housing standards

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill imposes certain penalties related to violations of building
and fire code standards within fourteen days, and increases certain fine
amounts for violations of housing standards in New York City.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 382 of the executive law by adding a new
subdivision 5 to provide that any daily penalty levied on a person in
violation of the uniform fire prevention and building code who has not
complied with an order to remedy the violation, shall be assessed within
fourteen days of the violation.

Section 2: Amends Subdivision (a) of section 27-2115 of the administra-
tive code of the city of New York, as amended by local law number 65 of
the city of New York for the year 1987, to increase civil penalties
related to housing standards.

Section 3: This act shall take effect immediately

 
JUSTIFICATION:

Penalties for violating housing standards in New York City were codified
in 1987. As it is has been over thirty years since the penalties were
first established, it is appropriate that these penalties be increased
to accommodate for inflation and the increased cost of living in the
city. This bill provides that these penalties are antiquated and
strengthened to provide incentive for adherence to housing code stand-
ards in New York City.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
The act shall take effect immediately.

2021-S8795A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8795--A
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law and the  administrative  code  of  the
   city of New York, in relation to imposing certain penalties related to
   violations  of  building  and fire code standards within fourteen days
   and increasing certain fines for violations of housing standards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 382 of the executive law is amended by adding a new
 subdivision 5 to read as follows:
   5.  ANY  DAILY  PENALTY  LEVIED  PURSUANT  TO  SUBDIVISION TWO OF THIS
 SECTION ON A PERSON WHO IS IN VIOLATION OF THE UNIFORM  FIRE  PREVENTION
 AND  BUILDING  CODE AND WHO HAS FAILED TO COMPLY WITH AN ORDER TO REMEDY
 SUCH VIOLATION WITHIN THE TIME FIXED BY THE REGULATIONS  PROMULGATED  BY
 THE  SECRETARY  PURSUANT  TO  SUBDIVISION  ONE  OF SECTION THREE HUNDRED
 EIGHTY-ONE OF THIS ARTICLE SHALL BE ASSESSED NO  LATER  THAN  THE  FOUR-
 TEENTH DAY OF SUCH VIOLATION.
   §  2. Subdivision (a) of section 27-2115 of the administrative code of
 the city of New York, as amended by local law number 65 of the  city  of
 New York for the year 1987, is amended to read as follows:
   (a)  A person who violates any law relating to housing standards shall
 be subject to a civil penalty of not less than [ten] TWENTY-FIVE dollars
 nor more than [fifty] ONE HUNDRED FIFTY dollars for  each  non-hazardous
 violation, not less than [twenty-five] FIFTY dollars nor more than [one]
 FIVE  hundred  dollars  and  NOT LESS THAN ten dollars NOR MORE THAN ONE
 HUNDRED DOLLARS per  day  for  each  hazardous  violation,  [fifty]  TWO
 HUNDRED dollars per day for each immediately hazardous violation, occur-
 ring  in  a  multiple  dwelling  containing [five] TEN or fewer dwelling
 units, from the date set for correction in the notice of violation until
 the violation is corrected,  and  not  less  than  [fifty]  ONE  HUNDRED
 dollars  nor  more  than  [one  hundred fifty] ONE THOUSAND FIVE HUNDRED
 dollars and, in addition, [one hundred twenty-five] NOT  LESS  THAN  ONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14326-05-2
 S. 8795--A                          2
 
 HUNDRED  TWENTY-FIVE dollars  NOR MORE THAN ONE THOUSAND DOLLARS per day
 for each immediately hazardous violation, occurring in a multiple dwell-
 ing containing more than [five] TEN dwelling units, from  the  date  set
 for  correction  in  the  notice  of  violation  until  the violation is
 corrected.  A person [wilfully] WILLFULLY making a  false  certification
 of  correction of a violation shall be subject to a civil penalty of not
 less than [fifty] ONE HUNDRED dollars nor more than [two hundred  fifty]
 TWO  THOUSAND FIVE HUNDRED dollars for each violation falsely certified,
 in addition to the other penalties herein provided.
   § 3. This act shall take effect immediately.

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