S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8863
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Governmental Operations
 
 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.  Subdivision  2  of  section  382 of the executive law, as
 amended by chapter 571 of the laws of 2021, is amended and a new  subdi-
 vision 5 is added to read as follows:
   2.  Any person, having been served, either personally or by registered
 or certified mail, with an order to remedy any condition found to  exist
 in,  on,  or  about  any  building  in  violation  of  the  uniform fire
 prevention and building code, who shall fail to comply with  such  order
 within  the  time  fixed by the regulations promulgated by the secretary
 pursuant to subdivision one of section three hundred eighty-one of  this
 article,  such  time  period  to  be stated in the order, and any owner,
 builder,  architect,  tenant,  contractor,  subcontractor,  construction
 superintendent  or  their  agents  or  any  other  person taking part or
 assisting in the  construction  of  any  building  who  shall  knowingly
 violate  any  of  the  applicable  provisions of the uniform code or any
 lawful order of a local government, a county or the secretary made ther-
 eunder  regarding  standards  for  construction,  maintenance,  or  fire
 protection  equipment  and systems, shall be punishable by a fine of not
 [more than one thousand dollars per day of  violation,  or  imprisonment
 not  exceeding  one year, or both for the first one hundred eighty days,
 and for the following one hundred eighty days shall be punishable  by  a
 fine  of no less than twenty-five dollars and not more than one thousand
 dollars per day of violation or imprisonment not exceeding one year,  or
 both  and thereafter shall be punishable by a fine of no less than fifty
 dollars and not more than one thousand dollars  per  day  of  violation]
 LESS  THAN  TWENTY-FIVE  DOLLARS NOR MORE THAN ONE HUNDRED FIFTY DOLLARS
 FOR EACH NON-HAZARDOUS VIOLATION, NOT LESS THAN FIFTY DOLLARS  NOR  MORE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02969-04-4
 A. 8863                             2
 
 THAN  FIVE  HUNDRED  DOLLARS  PER  DAY FOR EACH HAZARDOUS VIOLATION, TWO
 HUNDRED DOLLARS PER DAY FOR EACH IMMEDIATELY HAZARDOUS VIOLATION, OCCUR-
 RING IN A MULTIPLE DWELLING CONTAINING 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 ONE HUNDRED DOLLARS  NOR  MORE
 THAN  ONE  THOUSAND FIVE HUNDRED DOLLARS AND, IN ADDITION, NOT LESS THAN
 ONE HUNDRED TWENTY-FIVE DOLLARS NOR MORE THAN ONE THOUSAND  DOLLARS  PER
 DAY  FOR  EACH  IMMEDIATELY HAZARDOUS VIOLATION, OCCURRING IN A MULTIPLE
 DWELLING CONTAINING MORE THAN TEN DWELLING UNITS, FROM THE DATE SET  FOR
 CORRECTION  IN THE NOTICE OF VIOLATION UNTIL THE VIOLATION IS CORRECTED,
 or imprisonment not exceeding one year, or both.    A  PERSON  MAKING  A
 FALSE  CERTIFICATION  OF CORRECTION OF A VIOLATION SHALL BE SUBJECT TO A
 CIVIL PENALTY IN THE FOLLOWING AMOUNTS, IN ADDITION TO THE OTHER  PENAL-
 TIES  HEREIN  PROVIDED: NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN
 TWO  THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  EACH  IMMEDIATELY  HAZARDOUS
 VIOLATION FALSELY CERTIFIED, NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR
 MORE  THAN  FIVE  HUNDRED  DOLLARS  FOR EACH HAZARDOUS VIOLATION FALSELY
 CERTIFIED, AND NOT LESS THAN FIFTY DOLLARS NOR  MORE  THAN  TWO  HUNDRED
 FIFTY DOLLARS FOR EACH NON-HAZARDOUS VIOLATION FALSELY CERTIFIED.
   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 71 of the city of
 New York for the year 2023, is amended to read as follows:
   (a) In addition to any other penalty authorized  by  this  chapter,  a
 person  who  violates  any  law  relating  to housing standards shall be
 subject to a civil penalty as follows:
   (1) For each non-hazardous violation, not less than fifty dollars  nor
 more than one hundred fifty dollars, and, in addition, from the date set
 for  correction  in  the  notice  of  violation  until  the violation is
 corrected, twenty-five dollars per day;
   (2) For each hazardous violation, not less than  seventy-five  dollars
 nor  more than five hundred dollars, and, in addition, from the date set
 for correction in  the  notice  of  violation  until  the  violation  is
 corrected,  not  less than twenty-five dollars nor more than one hundred
 twenty-five dollars per day; and
   (3) For each immediately hazardous violation:
   (i) In a multiple dwelling containing [five]  TEN  or  fewer  dwelling
 units,  not  less  than  one  hundred  fifty dollars nor more than seven
 hundred  fifty  dollars,  and,  in  addition,  from  the  date  set  for
 correction  in the notice of violation until the violation is corrected,
 not less than fifty dollars nor more than one hundred fifty dollars  per
 day; and
   (ii)  In  a multiple dwelling containing more than [five] TEN dwelling
 units, not less than one hundred fifty dollars nor more than  one  thou-
 sand  two  hundred  dollars,  and,  in  addition,  from the date set for
 correction in the notice of violation until the violation is  corrected,
 not  less  than one hundred fifty dollars nor more than one thousand two
 hundred dollars per day.
 A. 8863                             3
 
   (4) Provided, however, that in addition to the other penalties  herein
 provided,  a  person  who makes a false certification of correction of a
 violation shall be subject to a civil penalty as follows:
   (i)  For each non-hazardous violation falsely certified, not less than
 fifty dollars nor more than two hundred fifty dollars;
   (ii) For each hazardous violation falsely certified, not less than two
 hundred fifty dollars nor more than five hundred dollars; and
   (iii) For each immediately hazardous violation falsely certified,  not
 less than five hundred dollars nor more than one thousand dollars.
   § 3. This act shall take effect immediately.