NY State Senate Bill 2023-S8500A

Current 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
Jun 03, 2024	referred to ways and means delivered to assembly passed senate
May 08, 2024	advanced to third reading
May 07, 2024	2nd report cal.
May 06, 2024	1st report cal.926
Feb 07, 2024	print number 8500a
Feb 07, 2024	amend (t) and recommit to finance
Feb 06, 2024	referred to finance

Votes

- Jun 3, 2024 - Floor Vote
  S8500A
  
  53
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2024
      
      aye (53)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      nay (7)
      
      Canzoneri-Fitzpatrick
      
      Griffo
      
      Helming
      
      Martins
      
      Oberacker
      
      Ortt
      
      Weik
      
      excused (2)
      
      Brouk
      
      Walczyk
  May 6, 2024 - Finance Committee Vote
  S8500A
  
  17
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 6, 2024
      
      aye (17)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Cooney
      
      Gallivan
      
      Gounardes
      
      Hinchey
      
      Hoylman-Sigal
      
      Krueger
      
      Liu
      
      Parker
      
      Rivera
      
      Salazar
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (3)
      
      Griffo
      
      Martins
      
      Oberacker
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S8500 - Details

See Assembly Version of this Bill:: A9160
Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Add §99-aa, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S8146, A9504

2023-S8500 - Summary

Authorizes municipalities to establish an emergency repair pilot program; enables municipalities to repair immediately hazardous code violations in buildings where the owner has not undertaken such repairs in a reasonable time.

2023-S8500 - Sponsor Memo

                                 
BILL NUMBER: S8500

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the state finance law and the real property tax law, in
relation to authorizing certain municipalities in a pilot emergency
repair program to add unpaid emergency repair charges and housing code
violation penalties, costs  and fines to such municipalities' annual tax
levy in accordance with applicable law; and providing for the repeal of
certain provisions of the state finance law upon expiration thereof

 
PURPOSE:

To create a pilot emergency repair program to allow cities to directly
address code violations where the owner has not undertaken repairs.

 
SUMMARY OF PROVISIONS:

Section 1: Directs that the secretary of state, with assistance from the
division of housing and community renewal, to establish a pilot program
for activities related to the administration and enforcement of the fire

prevention and building codes. The program will permit participating
municipalities to immediately repair hazardous code violations in build-
ings where the owner has not undertaken repairs, and permit them to bill
the owner for repair costs. In the event payment is not received within
thirty days, the secretary shall reimburse the municipality for such
repairs. The State then will be forwarded monies due from the owner for
such repairs once they are collected. Only municipalities designated as
a city will be eligible to participate in the pilot program.

Section 2: Outlines the guidelines of the pilot program.

1) Authorizes participating municipalities to collect unpaid emergency
repair charges, housing, building, and fire code violation penalties.

2) Outlines that eligible charges, penalties, costs, and fines must be
imposed through a judgment in court and must have remained unpaid for
one year after the final adjudication and exhaustion of all appeals.

3) Sets minimum amount to be eligible for program: at least five percent
of the amount of the tax assessed value of the property.

4) Directs that the unpaid charges be set down in the annual tax levy as
uncollected fines and penalties.

5) Directs that the participating municipality must notify all owners or
known interested parties of unpaid emergency repair charges and/or code
violations on the municipal tax levy as uncollected fines and penalties
within thirty days of placement.

6) States that unpaid emergency repair charges shall be placed on the
tax year that the municipality is currently in.

7) Exempts a residential dwelling that is owner-occupied or is the
primary residence of a homeowner from the program.

8) Directs that the participating municipality shall develop a program
to assist tenants residing in a dwelling at risk of tax foreclosure
before placing a property on the tax levy. Program will include housing
counseling assistance or other relocation support to suitable housing.

9) Permits creation of payment plans for owners with participating muni-
cipality for past amounts due for emergency repair charges and/or code
violations.

10) Outlines curing code violations: if all violations that led to
penalties, fees, and costs are corrected prior to the expiration period
for redemption, then the property shall be removed from the levy and
auction and balance of amount owed will be placed as a lien on the prop-
erty.

11) States that a property may not be auctioned and will be removed from
the tax levy should the outstanding balance be paid on a property's
emergency repair costs and if there are also no unpaid real property
taxes

12) States that any surplus funds from a sale of a property at a tax
foreclosure for unpaid code violations shall be returned to the former
owner of the property. This provision does not apply to sales of proper-
ty at a tax foreclosure due to unpaid taxes.

13) Should there be emergency repair charges and/or code violations
still due after the auction of the property, the municipality may
proceed with action against the former owner pursuant to applicable laws

14) Excludes municipalities that sell their tax liens in a tax lien sale
to the provisions of the program.

Section 3: Sets effective date.

 
JUSTIFICATION:

Around New York State there are a properties in cities that have been
issued code violations by the jurisdictional municipality but continue
to be in a state of disrepair either due to negligence or unwillingness
by the owner to make the necessary repairs. This can create extreme
safety issues to renters who reside at the property and slowly deteri-
orates property values in the surrounding neighborhood.

This bill seeks to remedy this issue by creating a program that would
authorize participating municipalities to make direct code enforcement
repairs that the landlord has either failed or refused to do. The muni-
cipality places the cost of the emergency repairs on the landlord's
property tax bill as a lien, with the state providing the municipality
with the upfront costs of the repairs and recouping the money upon reme-
dy of the lien/violations. A similar program currently exists in NYC
under its Housing Preservation and Development's Alternative Enforcement
Program through issuing of Orders to Correct.

The pilot program created by this bill will last until May 1, 2026.
During which the secretary of state in conjunction with the division of
housing and community renewal will file a report annually to evaluate
the effectiveness of the pilot program with the legislature and the
governor.

 
LEGISLATIVE HISTORY:
Senate

2023: S8146A, Vetoed

2021-2022: S8146A, Passed Senate

Assembly

2023: A1662-A, Vetoed

2021-2022: A9504A, Referred to Local Governments

2021-2022: A9504A, Amend and recommit to Local Governments

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, section one
of this act shall expire and be deemed repealed May 1, 2026

2023-S8500 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8500
 
                             I N  S E N A T E
 
                             February 6, 2024
                                ___________
 
 Introduced  by Sens. SKOUFIS, HINCHEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law and the real property tax law,  in
   relation  to  authorizing  certain municipalities in a pilot emergency
   repair program to add unpaid emergency repair charges and housing code
   violation penalties, costs  and fines to such  municipalities'  annual
   tax  levy  in  accordance  with  applicable law; and providing for the
   repeal of certain provisions of the state finance law upon  expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 54-g of the state finance law,  as
 added by chapter 707 of the laws of 1981, is amended to read as follows:
   3.  THE SECRETARY OF STATE, WITH ASSISTANCE FROM THE DIVISION OF HOUS-
 ING  AND COMMUNITY RENEWAL, SHALL ESTABLISH A PILOT PROGRAM WITH PARTIC-
 IPATING MUNICIPALITIES FOR AN EMERGENCY REPAIR PROGRAM. THE SECRETARY OF
 STATE SHALL ONLY SELECT MUNICIPALITIES DESIGNATED AS  A  CITY  FOR  SUCH
 PILOT PROGRAM. THE EMERGENCY REPAIR PROGRAM SHALL REQUIRE A MUNICIPALITY
 AWARDED PARTICIPATION TO ENACT A LOCAL LAW TO ENABLE THE MUNICIPALITY TO
 REPAIR  IMMEDIATELY  HAZARDOUS  CODE  VIOLATIONS  IN BUILDINGS WHERE THE
 OWNER HAS NOT UNDERTAKEN SUCH REPAIRS IN A REASONABLE TIME. THE  MUNICI-
 PALITY  SHALL  BILL  THE  OWNER  FOR  SUCH REPAIR COSTS AND IN THE EVENT
 PAYMENT IS NOT RECEIVED WITHIN THIRTY DAYS, THE  SECRETARY  SHALL  REIM-
 BURSE  THE  MUNICIPALITY  FOR  SUCH  REPAIRS. ANY SUBSEQUENT RECOVERY OF
 MONIES DUE FROM THE OWNER FOR SUCH REPAIRS SHALL  BE  FORWARDED  TO  THE
 STATE.  THE SECRETARY OF STATE IN CONJUNCTION WITH THE DIVISION OF HOUS-
 ING AND COMMUNITY RENEWAL SHALL FILE A REPORT ANNUALLY TO  EVALUATE  THE
 EFFECTIVENESS OF THE EMERGENCY REPAIR PILOT PROGRAM WITH THE LEGISLATURE
 AND THE GOVERNOR. SUCH REPORT SHALL INCLUDE RECOMMENDATIONS AS TO WHETH-
 ER THE PROGRAM SHALL BE CONTINUED OR MODIFIED IN ANY WAY AND THE REASONS
 THEREFOR.
   4.  The terms used in this section shall have the meanings ascribed to
 them in section fifty-four of this article.
   § 2. The real property tax law is amended by adding a new section  903
 to read as follows:
   § 903. COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; LEVY. 1.
 AUTHORIZATION.  IN ADDITION TO AND NOT IN LIMITATION OF ANY POWER OTHER-

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05810-01-3
 S. 8500                             2
 
 WISE GRANTED BY  LAW,  MUNICIPALITIES  PARTICIPATING  IN  THE  EMERGENCY
 REPAIR  PROGRAM  PURSUANT  TO  SECTION FIFTY-FOUR-G OF THE STATE FINANCE
 LAW, ARE HEREBY AUTHORIZED TO COLLECT ANY UNPAID EMERGENCY REPAIR CHARG-
 ES, HOUSING, BUILDING AND FIRE CODE VIOLATION PENALTIES, COSTS AND FINES
 THROUGH  PLACEMENT BY THE MUNICIPALITY'S COMMISSIONER OF FINANCE, TREAS-
 URER, OR OTHER PUBLIC OFFICIAL CHARGED WITH THE DUTIES OF OVERSEEING TAX
 COLLECTIONS ON THE MUNICIPALITY'S ANNUAL TAX LEVY IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION.
   2. ELIGIBILITY. IN ORDER TO BE ELIGIBLE FOR PLACEMENT ON  THE  MUNICI-
 PALITY'S  ANNUAL  TAX  LEVY  SUCH  UNPAID EMERGENCY REPAIR CHARGES, CODE
 VIOLATION PENALTIES, COSTS AND FINES SHALL  HAVE  BEEN  ADJUDICATED  AND
 IMPOSED  THROUGH  A  JUDGMENT IN A COURT OF COMPETENT JURISDICTION ON AN
 OWNER OF REAL PROPERTY WITHIN THE MUNICIPALITY AND RECORDED BY THE COUN-
 TY CLERK, AS CERTIFIED BY THE MUNICIPAL COUNSEL TO THE  COMMISSIONER  OF
 FINANCE,  TREASURER  OR OTHER PUBLIC OFFICIAL CHARGED WITH THE DUTIES OF
 OVERSEEING TAX COLLECTIONS AND HAVE REMAINED UNPAID FOR ONE  YEAR  AFTER
 THE  FINAL  ADJUDICATION  AND  EXHAUSTION OF ALL APPEALS RELATING TO THE
 IMPOSITION OF THE FINES FOR A CODE VIOLATION PRECEDING THE PLACEMENT  ON
 THE MUNICIPALITY'S TAX LEVY.
   3.  MINIMUM  AMOUNT OWED. TO QUALIFY FOR PLACEMENT ON THE TAX LEVY THE
 AMOUNT  OWED  FOR  UNPAID  EMERGENCY  REPAIR  CHARGES  AND/OR  THE  CODE
 VIOLATIONS  SHALL  BE  AT  LEAST  FIVE  PERCENT OF THE AMOUNT OF THE TAX
 ASSESSED VALUE OF THE PROPERTY.
   4. LEVY. SUCH UNPAID EMERGENCY REPAIR CHARGES  AND/OR  CODE  VIOLATION
 PENALTY,  COST  OR FINE AS SET FORTH IN A COPY OF THE JUDGMENT CERTIFIED
 BY THE MUNICIPAL COUNSEL TO THE COMMISSIONER OF  FINANCE,  TREASURER  OR
 OTHER  PUBLIC  OFFICIAL  CHARGED  WITH  THE  DUTIES  OF  OVERSEEING  TAX
 COLLECTIONS SHALL BE SET DOWN IN THE ANNUAL TAX LEVY UNDER  THE  HEADING
 UNCOLLECTED  FINES  AND  PENALTIES  AND  IN ACCORDANCE WITH THIS SECTION
 SHALL BE LEVIED, ENFORCED AND COLLECTED IN THE SAME MANNER, BY THE  SAME
 PROCEEDINGS,  AT  THE SAME TIME, UNDER THE SAME PENALTIES AND HAVING THE
 SAME LIEN UPON THE PROPERTY ASSESSED AS THE GENERAL MUNICIPAL TAX AND AS
 A PART THEREOF.
   5. NOTICE. THE MUNICIPALITY SHALL NOTIFY ALL OWNERS  OR  KNOWN  INTER-
 ESTED  PARTIES OF RECORD OF THE PLACEMENT OF THE UNPAID EMERGENCY REPAIR
 CHARGES AND/OR CODE VIOLATIONS ON THE MUNICIPAL TAX LEVY AS  UNCOLLECTED
 FINES AND PENALTIES WITHIN THIRTY DAYS OF PLACEMENT, PURSUANT TO SECTION
 THREE  HUNDRED  EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES. THE NOTICE
 SHALL INCLUDE THE DATE OR DATES OF SUCH VIOLATIONS, THE  DESCRIPTION  OF
 THE  VIOLATIONS,  THE AMOUNT OWED, A STATEMENT DETAILING THE FORECLOSURE
 PROCESS THAT WILL OCCUR IF THE VIOLATIONS REMAIN UNPAID, THE PROCESS  TO
 CLAIM  ANY  SURPLUS  FUNDS AND THE CONTACT INFORMATION FOR THE MUNICIPAL
 OFFICE IN CHARGE OF RECEIVING PAYMENTS.
   6.  TAX  YEAR.  ANY  UNPAID  EMERGENCY  REPAIR  CHARGES  AND/OR   CODE
 VIOLATIONS SHALL BE PLACED ON THE TAX ROLL THE MUNICIPALITY IS CURRENTLY
 IN AND SHALL NOT BE PLACED ON A LIST, ROLL OR LEVY OF DELINQUENT TAXES.
   7.  OWNER OCCUPIED. NOTWITHSTANDING ANY OTHER APPLICABLE PROVISIONS OF
 LAW, NOTHING IN THIS SECTION SHALL BE APPLIED TO A RESIDENTIAL  DWELLING
 THAT IS OWNER-OCCUPIED OR IS THE PRIMARY RESIDENCE OF A HOMEOWNER.
   8.  TENANTS.  PRIOR TO THE PLACEMENT OF ANY PROPERTY WITH UNPAID EMER-
 GENCY REPAIR CHARGES AND/OR CODE VIOLATIONS ON THE TAX LEVY, THE MUNICI-
 PALITY SHALL DEVELOP A PROGRAM TO ASSIST TENANTS RESIDING IN A  DWELLING
 AT  RISK  FOR  TAX  FORECLOSURE  DUE  TO UNPAID EMERGENCY REPAIR CHARGES
 AND/OR CODE VIOLATIONS. SUCH PROGRAM SHALL  INCLUDE  HOUSING  COUNSELING
 ASSISTANCE  OR OTHER SUPPORT IN RELOCATING THE TENANTS TO SUITABLE HOUS-
 ING PRIOR TO THE TAX FORECLOSURE.
 S. 8500                             3
 
   9. PAYMENT PLAN.  NOTHING IN THIS SECTION SHALL PRECLUDE AN OWNER FROM
 ENTERING INTO A PAYMENT PLAN WITH A MUNICIPALITY FOR  PAST  AMOUNTS  DUE
 FOR EMERGENCY REPAIR CHARGES AND/OR CODE VIOLATIONS.
   10. CURING CODE VIOLATIONS. (A) IF ALL OF THE VIOLATIONS FOR WHICH THE
 PENALTIES,  FEES  AND  COSTS  HAVE  BEEN  ASSESSED ARE CURED, REMOVED OR
 CORRECTED PRIOR TO THE EXPIRATION OF THE PERIOD FOR REDEMPTION  PURSUANT
 TO  SECTION  ELEVEN  HUNDRED  TEN OF THIS CHAPTER, THE PROPERTY SHALL BE
 REMOVED FROM THE LEVY AND AUCTION AND THE BALANCE  OF  THE  AMOUNT  OWED
 SHALL  BE  PLACED  AS A LIEN ON THE PROPERTY PURSUANT TO APPLICABLE LAWS
 FOR DEBT COLLECTION AND AN ACTION FOR FORECLOSURE OF THE PROPERTY  SHALL
 NOT BE MAINTAINED FOR THE AMOUNT OWED.
   (B)  THE DETERMINATION OF WHETHER OR NOT THE CODE VIOLATIONS HAVE BEEN
 CURED SHALL BE MADE BY THE LOCAL MUNICIPAL ENFORCING OFFICER  IN  CHARGE
 OF ENSURING COMPLIANCE WITH APPLICABLE HOUSING, BUILDING, AND FIRE CODES
 SUCH  AS  A  CODE  ENFORCEMENT OFFICER OR THROUGH A CERTIFICATION BY THE
 OWNER FILED WITH THE CODE ENFORCEMENT OFFICER.  AN APPEAL OF THIS DETER-
 MINATION MAY BE MADE TO THE MUNICIPALITY'S ZONING BOARD  OF  APPEALS  OR
 OTHER  LOCAL ADMINISTRATIVE BODY AS PROVIDED FOR IN LOCAL LAW. THE FINAL
 DETERMINATION MADE BY THE ADMINISTRATIVE BODY SHALL BE REVIEWABLE PURSU-
 ANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   (C) THIS SECTION SHALL NOT  BE  APPLICABLE  TO  ANY  CAUSE  OF  ACTION
 BROUGHT  FOR  MONEY  DUE BASED ON THE CURING OF EMERGENCY REPAIR CHARGES
 AND/OR CODE VIOLATIONS UNDER ANY FORM FOR RECEIVERSHIP  OR  A  MECHANICS
 LIEN.
   11.  PAYMENT  PRIOR  TO AUCTION. (A) IF THE BALANCE OWED FOR EMERGENCY
 REPAIR CHARGES AND/OR CODE VIOLATIONS PLACED ON THE  TAX  LEVY  IS  PAID
 PRIOR TO THE EXPIRATION OF THE PERIOD FOR REDEMPTION PURSUANT TO SECTION
 ELEVEN  HUNDRED  TEN  OF  THIS  CHAPTER  AND THERE IS NO BALANCE DUE FOR
 UNPAID REAL PROPERTY TAXES, THE PROPERTY MAY NOT BE AUCTIONED,  AND  THE
 PROPERTY SHALL BE REMOVED FROM THE TAX LEVY.
   (B)  THE  OWNER  SHALL HAVE THE RIGHT TO PAY THE FULL BALANCE PRIOR TO
 THE EXPIRATION OF THE PERIOD FOR REDEMPTION PURSUANT TO  SECTION  ELEVEN
 HUNDRED TEN OF THIS CHAPTER IN ORDER TO REDEEM THE PROPERTY.
   12.  SURPLUS. ANY SURPLUS FUNDS REMAINING AFTER THE SALE OF A PROPERTY
 AT A TAX FORECLOSURE FOR UNPAID CODE VIOLATIONS SHALL BE RETURNED TO THE
 FORMER OWNER OF THE PROPERTY IN A MANNER PROVIDED UNDER LOCAL LAW.  THIS
 PROVISION SHALL NOT APPLY TO A SALE OF A PROPERTY AT A  TAX  FORECLOSURE
 DUE TO UNPAID TAXES. IF A PROPERTY HAS: (A) UNPAID TAXES; AND (B) UNPAID
 EMERGENCY  REPAIR  CHARGES AND/OR UNPAID CODE VIOLATIONS ON THE SAME TAX
 LEVY AND IS AUCTIONED AT A TAX FORECLOSURE, THE AMOUNT  OF  THE  SURPLUS
 FUNDS  RETURNED TO THE FORMER OWNER SHALL BE PROPORTIONATE TO THE AMOUNT
 OF UNPAID EMERGENCY REPAIR CHARGES AND/OR CODE VIOLATIONS  OWED  IN  THE
 TOTAL  AMOUNT  OF DEBT OWED TO THE MUNICIPALITY. FOR THE PURPOSE OF THIS
 SECTION, "SURPLUS FUNDS" SHALL MEAN THE BALANCE OF MONEY RECEIVED  AFTER
 AUCTION  OF  A  PROPERTY AT A TAX FORECLOSURE SALE MINUS THE AMOUNT OWED
 FOR EMERGENCY REPAIR CHARGES, CODE VIOLATIONS AND THE COSTS  AND  ATTOR-
 NEYS FEES INCURRED IN THE COLLECTION OF THE FEES BY THE MUNICIPALITIES.
   13.  BALANCE  DUE.  IF AFTER AN AUCTION A BALANCE IS DUE FOR EMERGENCY
 REPAIR CHARGES AND/OR CODE VIOLATIONS, THE MUNICIPALITY MAY PROCEED WITH
 ANY ACTION AGAINST THE FORMER OWNER PURSUANT TO APPLICABLE LAWS.
   14. EXCLUSIONS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  ANY
 MUNICIPALITY THAT SELLS THEIR TAX LIENS IN A TAX LIEN SALE.
   §  3.  This  act  shall  take  effect  immediately; provided, however,
 section one of this act shall expire and be deemed repealed May 1, 2027.

co-Sponsors

2023-S8500A (ACTIVE) - Details

See Assembly Version of this Bill:: A9160
Current Committee:: Assembly Ways And Means
Law Section:: General Municipal Law
Laws Affected:: Add §99-aa, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S8146, A9504

2023-S8500A (ACTIVE) - Summary

2023-S8500A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8500A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to authorizing
certain municipalities to establish an emergency repair pilot program;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

To create a pilot emergency repair program to allow cities to directly
address code violations where the owner has not undertaken repairs.

 
SUMMARY OF PROVISIONS:

Section 1: Directs that the Secretary of State, with assistance from the
Division of Housing and Community Renewal to establish a pilot program
in which participating cities will be required to adopt a local law that
will permit them to immediately repair hazardous code violations in
buildings where the owner has not undertaken repairs and permit them to
bill the owner for repair costs. The Secretary of State shall, subject

to appropriations, provide technical assistance and support to partic-
ipating cities to ensure successful implementation of these local law as
well as publish a model local law that participating cities may adopt.
The pilot program created by this bill will last until May 1, 2027.
During which the secretary of state in conjunction with the division of
housing and community renewal will file a report annually to evaluate
the effectiveness of the pilot program with the legislature and the
governor.

Section 2: Sets effective date.

 
JUSTIFICATION:

Around New York State there are a properties in cities that have been
issued code violations by the jurisdictional municipality but continue
to be in a state of disrepair either due to negligence or unwillingness
by the owner to make the necessary repairs. This can create extreme
safety issues to renters who reside at the property and slowly deteri-
orates property values in the surrounding neighborhood. This bill seeks
to remedy this issue by creating a program that would authorize partic-
ipating municipalities to make direct code enforcement repairs that the
landlord has either failed or refused to do.

 
LEGISLATIVE HISTORY:

Senate

2023: S5207B, Vetoed

2021-2022: S 8146-A; Passed Senate

Assembly

2023: A1662A, Vetoed

2021-22: A9504; Amend and recommit to local governments

 
FISCAL LIMITATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall expire and be deemed repealed May 1, 2027.

2023-S8500A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8500--A
 
                             I N  S E N A T E
 
                             February 6, 2024
                                ___________
 
 Introduced  by Sens. SKOUFIS, HINCHEY -- read twice and ordered printed,
   and when printed to be  committed  to  the  Committee  on  Finance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general municipal law, in  relation  to  authorizing
   certain municipalities to establish an emergency repair pilot program;
   and providing for the repeal of such provisions upon expiration there-
   of
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 99-aa to read as follows:
   §  99-AA.    EMERGENCY REPAIR PILOT PROGRAM. SUBJECT TO APPROPRIATION,
 THE SECRETARY OF STATE, WITH ASSISTANCE FROM THE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL, SHALL ESTABLISH A PILOT  PROGRAM  WITH  PARTICIPATING
 MUNICIPALITIES  FOR  AN EMERGENCY REPAIR PROGRAM. THE SECRETARY OF STATE
 SHALL ONLY ALLOW MUNICIPALITIES DESIGNATED AS A CITY TO  PARTICIPATE  IN
 SUCH PILOT PROGRAM. THE EMERGENCY REPAIR PROGRAM SHALL REQUIRE A MUNICI-
 PALITY  THAT  HAS ELECTED TO PARTICIPATE IN THE PROGRAM TO ENACT A LOCAL
 LAW TO ENABLE THE MUNICIPALITY  TO  REPAIR  IMMEDIATELY  HAZARDOUS  CODE
 VIOLATIONS  IN BUILDINGS WHERE THE OWNER HAS NOT UNDERTAKEN SUCH REPAIRS
 IN A REASONABLE TIME. THE MUNICIPALITY SHALL BILL  THE  OWNER  FOR  SUCH
 REPAIR COSTS.  THE DEPARTMENT OF STATE, IN CONJUNCTION WITH THE DIVISION
 OF  HOUSING  AND  COMMUNITY  RENEWAL,  SHALL,  AS APPROPRIATION PERMITS,
 PROVIDE TECHNICAL ASSISTANCE TO PARTICIPATING MUNICIPALITIES  TO  ENSURE
 SUCCESSFUL  IMPLEMENTATION  OF  THE  LOCAL  LAW REQUIRED PURSUANT TO THE
 PILOT PROGRAM.  ADDITIONALLY, THE SECRETARY OF  STATE,  WITH  ASSISTANCE
 FROM  THE  DIVISION  OF  HOUSING  AND COMMUNITY RENEWAL, SHALL PREPARE A
 MODEL LOCAL LAW THAT MUNICIPALITIES MAY ADOPT TO SATISFY THE  LOCAL  LAW
 REQUIREMENT  OF  THE PILOT PROGRAM. SUCH LOCAL LAW SHALL BE PUBLISHED ON
 THE WEBSITES OF THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING  AND
 COMMUNITY  RENEWAL.  FURTHERMORE, THE SECRETARY OF STATE, IN CONJUNCTION
 WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, SHALL FILE A  REPORT
 ANNUALLY  TO  EVALUATE  THE  EFFECTIVENESS OF THE EMERGENCY REPAIR PILOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05810-07-4
 S. 8500--A                          2

 PROGRAM WITH THE LEGISLATURE AND THE GOVERNOR. SUCH REPORT SHALL INCLUDE
 RECOMMENDATIONS AS TO WHETHER THE PROGRAM SHALL BE CONTINUED OR MODIFIED
 IN ANY WAY AND THE REASONS THEREFOR.  NOTHING IN THIS SECTION  SHALL  BE
 APPLIED  TO  A  RESIDENTIAL  DWELLING  THAT  IS OWNER-OCCUPIED OR IS THE
 PRIMARY RESIDENCE OF A HOMEOWNER. THE SECRETARY OF STATE  SHALL  PROMUL-
 GATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS  OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall expire and be deemed repealed May 1, 2028.

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Senate Bill S8500A

Sponsored By

Current Bill Status - In Assembly Committee

Jun 3, 2024 - Floor Vote

Floor Vote: Jun 3, 2024

May 6, 2024 - Finance Committee Vote

Finance Committee Vote: May 6, 2024

Bill Amendments

co-Sponsors

2023-S8500 - Details

2023-S8500 - Summary

2023-S8500 - Sponsor Memo

2023-S8500 - Bill Text download pdf

co-Sponsors

2023-S8500A (ACTIVE) - Details

2023-S8500A (ACTIVE) - Summary

2023-S8500A (ACTIVE) - Sponsor Memo

2023-S8500A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8500A

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Sponsored By

James Skoufis

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Michelle Hinchey

2023-S8500 - Details

2023-S8500 - Summary

2023-S8500 - Sponsor Memo

2023-S8500 - Bill Text download pdf

co-Sponsors

Michelle Hinchey

2023-S8500A (ACTIVE) - Details

2023-S8500A (ACTIVE) - Summary

2023-S8500A (ACTIVE) - Sponsor Memo

2023-S8500A (ACTIVE) - Bill Text download pdf

Comments