NY State Senate Bill 2021-S9064

Senate Bill S9064

2021-2022 Legislative Session

Relates to establishing a private right of action for tenants alleging a failure to keep and maintain self-closing doors

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2022	referred to housing, construction and community development

2021-S9064 (ACTIVE) - Details

See Assembly Version of this Bill:: A9645
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Amd §382, Exec L; add §27-2114-a, NYC Ad Cd
Versions Introduced in 2023-2024 Legislative Session:: S1911, A6048

2021-S9064 (ACTIVE) - Summary

Relates to establishing a private right of action for tenants alleging a failure to keep and maintain self-closing doors; allows for a court to award compensatory damages, reasonable attorney's fees and court costs and issue an order to the owner of the building to remedy any issue with such doors.

2021-S9064 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9064

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the executive law and the administrative code of the
city of New York, in relation to establishing a private right of action
for tenants alleging a failure to keep and maintain self-closing doors

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to provide tenants with a private right of action in the
event of a failure to keep and maintain self-closing doors.

 
SUMMARY OF PROVISIONS:

Section I amends section 382 of the executive law by adding a new subdi-
vision enabling a lawful occupant of a dwelling or a group of such occu-
pants in a building to pursue action in the event of failure to keep and
maintain self-closing doors before any court of competent jurisdiction.
Should the court find the owner of the alleged building in violation of
such uniform code, the court shall provide compensatory damages, puni-

tive damages at the discretion of the court as well as damages of one
thousand dollars at the election of each occupant and reasonable attor-
neys' fees and court costs to the occupants. Furthermore, the court
shall issue an order to the owner to rectify the conditions related to
such self-closing doors. The provisions of this subdivision do not
relieve occupants of their obligation to pay rent for which such occu-
pants are otherwise liable to an owner and are in addition to any other
remedies that may be provided for under common law or by other law or
rule. These provisions do not create any private right of action against
a local government or any agency or employee thereof.

Section II amends the administrative code of the city of New York by
adding a new section 272114-a, which enables a lawful occupant of a
dwelling unit or a group of such occupants in a building to pursue
action in the event of failure to keep and maintain self-closing doors
before any court of competent jurisdiction. Should the court find the
owner of the alleged building in violation of such uniform code, the
court shall provide compensatory damages, punitive damages at the
discretion of the court as well as damages of one thousand dollars at
the election of each occupant and reasonable attorneys' fees and court
costs to the occupants. Furthermore, the court shall issue an order to
the owner to rectify the conditions related to such self-closing doors.
The provisions of this subdivision do not relieve occupants of their
obligation to pay rent for which such occupants are otherwise liable to
an owner and are in addition to any other remedies that may be provided
for under common law or by other law or rule. These provisions do not
create any private right of action against a local government or any
agency or employee thereof.

Section III sets forth the effective date.

 
JUSTIFICATION:

As horrific incidents such as the Twin Parks apartment fire have shown,
fire safety and the prevention of residential fires must be prioritized
in order to protect occupants from such avoidable endangerment. In the

deadly Bronx fire, malfunctioning self-closing doors were linked to the
fast spread of the fire throughout the building.

Self-closing doors are crucial in minimizing the spread of fires and
poor maintenance of such doors is a fire hazard. Self-closing doors are
already required by both the New York State executive law and the New
York City Administrative Code. Unfortunately, there is too often poor
enforcement of these laws which leads to unsafe conditions for New York
residents without any other course of action. Under this legislation,
tenants would have a private right to action in the case of a failure to
keep and maintain self-closing doors.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill in the Assembly.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S9064 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9064
 
                             I N  S E N A T E
 
                                May 6, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  establishing  a  private  right  of
   action  for tenants alleging a failure to keep and maintain self-clos-
   ing doors

   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.  A.  A  LAWFUL OCCUPANT OF A DWELLING UNIT OR A GROUP OF SUCH OCCU-
 PANTS IN A BUILDING MAY BRING AN ACTION  ALLEGING  A  VIOLATION  OF  THE
 UNIFORM  CODE FOR FAILURE TO KEEP AND MAINTAIN SELF-CLOSING DOORS IN ANY
 COURT OF COMPETENT JURISDICTION. IF SUCH COURT FINDS THAT  AN  OWNER  OF
 SUCH BUILDING IS IN VIOLATION OF SUCH UNIFORM CODE, SUCH COURT SHALL, IN
 ADDITION TO ANY OTHER RELIEF SUCH COURT DETERMINES TO BE APPROPRIATE:
   I.  AWARD  TO EACH SUCH OCCUPANT (A) COMPENSATORY DAMAGES AND, IN SUCH
 COURT'S DISCRETION, PUNITIVE DAMAGES OR (B)  AT  THE  ELECTION  OF  EACH
 OCCUPANT, DAMAGES OF ONE THOUSAND DOLLARS;
   II.  AWARD  TO  SUCH  OCCUPANTS  REASONABLE  ATTORNEYS' FEES AND COURT
 COSTS; AND
   III. ISSUE AN ORDER TO SUCH OWNER TO REMEDY THE CONDITIONS RELATED  TO
 SUCH SELF-CLOSING DOORS.
   B.  SUCH OCCUPANT OR OCCUPANTS SHALL NOT BE RELIEVED OF THE OBLIGATION
 TO PAY RENT FOR WHICH SUCH OCCUPANT OR OCCUPANTS ARE OTHERWISE LIABLE TO
 AN OWNER. ANY MONETARY RELIEF AWARDED  TO  SUCH  OCCUPANT  OR  OCCUPANTS
 PURSUANT  TO  PARAGRAPH  A  OF  THIS SUBDIVISION SHALL BE REDUCED BY ANY
 AMOUNT OF DELINQUENT RENT OR OTHER SUM FOR WHICH SUCH COURT  FINDS  SUCH
 OCCUPANT OR OCCUPANTS TO BE LIABLE TO SUCH OWNER.
   C.  THIS  SUBDIVISION DOES NOT LIMIT OR ABROGATE ANY CLAIM OR CAUSE OF
 ACTION A PERSON HAS UNDER COMMON LAW  OR  BY  OTHER  LAW  OR  RULE.  THE
 PROVISIONS  OF  THIS  SUBDIVISION  ARE IN ADDITION TO ANY OTHER REMEDIES
 THAT MAY BE PROVIDED FOR UNDER COMMON LAW OR BY OTHER LAW OR RULE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14578-01-2
 S. 9064                             2
 
   D. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED AS  CREAT-
 ING ANY PRIVATE RIGHT OF ACTION AGAINST A LOCAL GOVERNMENT OR ANY AGENCY
 OR EMPLOYEE THEREOF.
   §  2.  The  administrative  code of the city of New York is amended by
 adding a new section 27-2114-a to read as follows:
   § 27-2114-A PRIVATE RIGHT OF ACTION. A. A LAWFUL OCCUPANT OF A  DWELL-
 ING  UNIT OR A GROUP OF SUCH OCCUPANTS IN A BUILDING MAY BRING AN ACTION
 ALLEGING A VIOLATION OF THIS CODE FOR FAILURE TO KEEP AND MAINTAIN SELF-
 CLOSING DOORS IN ANY COURT OF  COMPETENT  JURISDICTION.  IF  SUCH  COURT
 FINDS  THAT AN OWNER OF SUCH BUILDING IS IN VIOLATION OF SUCH CODE, SUCH
 COURT SHALL, IN ADDITION TO ANY OTHER RELIEF SUCH COURT DETERMINES TO BE
 APPROPRIATE:
   1. AWARD TO EACH SUCH OCCUPANT (I) COMPENSATORY DAMAGES AND,  IN  SUCH
 COURT'S  DISCRETION,  PUNITIVE  DAMAGES  OR (II) AT THE ELECTION OF EACH
 OCCUPANT, DAMAGES OF ONE THOUSAND DOLLARS;
   2. AWARD TO SUCH OCCUPANTS REASONABLE ATTORNEYS' FEES AND COURT COSTS;
 AND
   3. ISSUE AN ORDER TO SUCH OWNER TO REMEDY THE  CONDITIONS  RELATED  TO
 SUCH SELF-CLOSING DOORS.
   B.  SUCH OCCUPANT OR OCCUPANTS SHALL NOT BE RELIEVED OF THE OBLIGATION
 TO PAY RENT FOR WHICH SUCH OCCUPANT OR OCCUPANTS ARE OTHERWISE LIABLE TO
 AN OWNER. ANY MONETARY RELIEF AWARDED  TO  SUCH  OCCUPANT  OR  OCCUPANTS
 PURSUANT TO SUBDIVISION A OF THIS SECTION SHALL BE REDUCED BY ANY AMOUNT
 OF DELINQUENT RENT OR OTHER SUM FOR WHICH SUCH COURT FINDS SUCH OCCUPANT
 OR OCCUPANTS TO BE LIABLE TO SUCH OWNER.
   C.  THIS  SECTION  DOES  NOT  LIMIT  OR ABROGATE ANY CLAIM OR CAUSE OF
 ACTION A PERSON HAS UNDER COMMON LAW  OR  BY  OTHER  LAW  OR  RULE.  THE
 PROVISIONS  OF  THIS  SECTION ARE IN ADDITION TO ANY OTHER REMEDIES THAT
 MAY BE PROVIDED FOR UNDER COMMON LAW OR BY OTHER LAW OR RULE.
   D. NOTHING CONTAINED IN THIS SECTION SHALL BE  CONSTRUED  AS  CREATING
 ANY  PRIVATE  RIGHT OF ACTION AGAINST THE CITY OR ANY AGENCY OR EMPLOYEE
 THEREOF.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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