S T A T E   O F   N E W   Y O R K
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                                   10471
 
                           I N  A S S E M B L Y
 
                               May 29, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zinerman) --
   read once and referred to the Committee on Housing
 
 AN  ACT  to  amend the real property actions and proceedings law and the
   New York city charter, in relation  to  enforcement  of  housing  code
   violations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 770 of the real property  actions  and  proceedings
 law is amended by adding a new subdivision 3 to read as follows:
   3.  WHERE AN OWNER OR OWNER'S AGENT FAILS TO CORRECT OR CURE TWENTY OR
 MORE VIOLATIONS OF THE HOUSING MAINTENANCE CODE FOUND TO  EXIST  IN  ANY
 DWELLING  FOR  A  PERIOD  OF  MORE  THAN  TWELVE CONSECUTIVE MONTHS, THE
 COMMISSIONER OF  THE DEPARTMENT OF THE CITY OF  NEW  YORK  CHARGED  WITH
 ENFORCEMENT  OF THE HOUSING MAINTENANCE CODE OF SUCH CITY SHALL COMMENCE
 A PROCEEDING UNDER THIS ARTICLE TO BE APPOINTED AS THE ADMINISTRATOR  OF
 SUCH PROPERTY.
   § 2. The opening paragraph of subdivision 1 of section 778 of the real
 property  actions  and  proceedings law, as amended by chapter 48 of the
 laws of 2015, is amended to read as follows:
   The court is authorized and empowered, in implementation of a judgment
 rendered pursuant to section seven hundred seventy-six or seven  hundred
 seventy-seven of this article, to appoint a person other than the owner,
 a  mortgagee  or  lienor,  to  receive and administer the rent moneys or
 security deposited with such owner, mortgagee or lienor, subject to  the
 court's  direction.    The  court  may  appoint  the commissioner of the
 department of the city of New York charged with enforcement of the hous-
 ing maintenance code of such city or the commissioner's designee as such
 administrator, provided that  the  commissioner  or  the  commissioner's
 designee  shall  consent,  in  writing, to such appointment.  WHERE SUCH
 DEPARTMENT INSTITUTES PROCEEDINGS UNDER  SUBDIVISION  THREE  OF  SECTION
 SEVEN  HUNDRED  SEVENTY OF THIS ARTICLE, AND THE COURT FINDS IN FAVOR OF
 SUCH PETITION, THE COURT SHALL APPOINT THE COMMISSIONER OR  THE  COMMIS-
 SIONER'S  DESIGNEE AS THE ADMINISTRATOR. Any administrator is authorized
 and empowered in accordance with the direction of the  court,  to  order
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15703-01-4
 A. 10471                            2
 
 the  necessary  materials,  labor  and  services to remove or remedy the
 conditions specified in the  judgment,  and  to  make  disbursements  in
 payment  thereof;  and to demand, collect and receive the rents from the
 tenants; and to institute all necessary legal proceedings including, but
 not  limited  to,  summary  proceedings for the removal of any tenant or
 tenants; and to rent or lease for terms not exceeding  three  years  any
 part  of  said premises, however, the court may direct the administrator
 to rent or lease commercial parts of said premises for  terms  that  the
 court  may  approve.  In  addition, such administrator is authorized and
 empowered in accordance with the direction of the court  to  accept  and
 repay  such  moneys  as may be received from the department charged with
 enforcement of the housing maintenance code of the city of New York  for
 the  purpose  of managing the premises, replacing or substantially reha-
 bilitating systems or  making  other  repairs  or  capital  improvements
 authorized  by the court. All moneys expended by the department pursuant
 to the foregoing shall constitute a debt recoverable from the owner  and
 a  lien  upon  the building and lot, and upon the rents and other income
 thereof. Such lien shall be enforced in accordance with  the  provisions
 of  article  eight of subchapter five of the housing maintenance code of
 the city of New York. Such administrator, shall, upon completion of  the
 work  prescribed in such judgment, file with the court a full accounting
 of all receipts and expenditures for such work. Such administrator shall
 dispose of the rents and other monies deposited with such  administrator
 according to the following order of priority:
   §  3.  The  New  York  city charter is amended by adding a new section
 1802-a to read as follows:
   § 1802-A. LIST OF CODE VIOLATIONS. 1.  THE DEPARTMENT SHALL ESTABLISH,
 REGULARLY UPDATE  AND  MAINTAIN  AND  MAKE  PUBLICLY  AVAILABLE  ON  ITS
 WEBSITE,  A  LIST  OF THE OWNERS AND MANAGERS OF MULTIFAMILY RESIDENTIAL
 BUILDING WHICH:
   (A) HAVE AT LEAST TWENTY  OPEN  HOUSING  CODE  VIOLATIONS  RELATED  TO
 HEALTH  OR  SAFETY, OR MORE THAN FOUR VIOLATIONS WHICH HAVE BEEN FALSELY
 CERTIFIED AS CORRECTED;
   (B) HAVE OPEN HOUSING CODE VIOLATIONS FOR: FAILURE  TO  PROVIDE  SELF-
 CLOSING PUBLIC DOORS OR ADEQUATE LIGHTING IN PUBLIC AREAS; LACK OF POST-
 ED CERTIFICATES OF OCCUPANCY; LACK OF HEAT, HOT WATER, GAS AND ELECTRIC-
 ITY;  FAILURE  TO  REMOVE  VERMIN  OR  LEAD-BASED  PAINT; CRACKS IN TILE
 FLOORS, BROKEN OR DEFECTIVE CABINETS, BROKEN OR DEFECTIVE SINKS, CEILING
 WATER LEAKS, OR MOLD; AND
   (C) DO NOT HAVE A QUALIFIED PROPERTY MANAGER.
   2. THE DEPARTMENT SHALL ARRANGE AND PRODUCE THE LIST REQUIRED BY  THIS
 SECTION  IN  AN ORDER THAT REFLECTS BUILDING OWNERS OR MANAGERS WITH THE
 GREATEST  NUMBER  OF  OPEN  HOUSING  CODE  VIOLATIONS  OR  OTHER  FORMAL
 COMPLAINTS.  WHERE  AN  OWNER  HAS MORE THAN ONE BUILDING, THE NUMBER OF
 VIOLATIONS SHALL BE CUMULATIVE OF ALL BUILDINGS OWNED.
   3. THE DEPARTMENT SHALL BRING MOTIONS FOR CONTEMPT AND CIVIL PENALTIES
 FOR THE OWNER'S FAILURE TO COMPLY WITH  ANY  EXISTING  COURT  ORDERS  TO
 CORRECT   HOUSING   CODE   VIOLATIONS.  THE  DEPARTMENT  SHALL  COMMENCE
 PROCEEDINGS TO ENFORCE MONEY JUDGMENTS AND ANY CIVIL PENALTIES AGREED TO
 IN SETTLEMENTS RELATING TO HOUSING CODE VIOLATIONS.
   4. WHERE A LICENSEE UNDER ARTICLE TWELVE-A OF THE  REAL  PROPERTY  LAW
 PERFORMS THE FUNCTIONS OF A PROPERTY MANAGER OR PLACES TENANTS, COLLECTS
 RENT,  NEGOTIATES LEASES OR LISTS PROPERTY, ON BEHALF OF ANY LANDLORD OR
 PROPERTY OWNER WHOSE PROPERTIES APPEAR ON THE LIST PRODUCED PURSUANT  TO
 THIS  SECTION,  THE  REAL ESTATE BOARD SHALL SUSPEND THE LICENSE OF SUCH
 LICENSEE AND SHALL REQUIRE SUCH LICENSEE  TO  RE-TAKE  THE  REAL  ESTATE
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 LICENSING  COURSES  REQUIRED BY SUCH ARTICLE AND TO RE-PASS THE REQUIRED
 EXAMINATION.
   5.  AN  OWNER  WHO  FAILS  TO  CORRECT  HOUSING  VIOLATIONS WITHIN THE
 PRESCRIBED STATUTORY PERIODS AND WHO APPEARS ON THE LIST FOR  MORE  THAN
 TWELVE  CONSECUTIVE  MONTHS  SHALL  BE LIABLE FOR A FINE OF TEN THOUSAND
 DOLLARS FOR EACH HEALTH OR SAFETY VIOLATION WHICH HAS  NOT  BEEN  TIMELY
 CURED.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.