S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2196--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  FERNANDEZ,  SEPULVEDA  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Housing,  Construction and Community Development -- recommitted to the
   Committee  on  Housing,  Construction  and  Community  Development  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02969-02-3
              

 S. 2196--A                          2

 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
 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 63 of the  city  of
 New York for the year 2022, 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  ONE  HUNDRED  fifty  dollars  for  each   non-hazardous
 violation, not less than [twenty-five] FIFTY dollars nor more than [one]
 FIVE  hundred  dollars  [and  ten  dollars]  per  day for each hazardous
 violation, [fifty] TWO HUNDRED dollars  per  day  for  each  immediately
 hazardous  violation, occurring 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]  THOUSAND
 FIVE  HUNDRED  dollars and, in addition, NOT LESS THAN one hundred twen-
 ty-five dollars NOR MORE THAN ONE THOUSAND  DOLLARS  per  day  for  each
 immediately  hazardous  violation,  occurring  in  a  multiple  dwelling
 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 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 penalties herein provided: not less than five hundred dollars
 nor more than [one] TWO thousand FIVE HUNDRED  dollars  for  each  imme-
 S. 2196--A                          3
 
 diately 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.
   § 3.  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.
   (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.
   §  4.  This act shall take effect immediately; provided, however, that
 if local law number 71 of the city of New York for the year  2023  shall
 not  have taken effect on or before such date then section three of this
 act shall take effect on the same date and in the same  manner  as  such
 local law of the city of New York takes effect.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2196--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced by Sens. RIVERA, FERNANDEZ, HARCKHAM, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Housing,  Construction and Community Development -- recommitted to
   the Committee on Housing, Construction and  Community  Development  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02969-03-4
              

 S. 2196--B                          2
 
 [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
 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,
 S. 2196--B                          3
 
 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.
   (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.