Bill Text: NY A06618 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to willful neglect of real property prevention.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to housing [A06618 Detail]

Download: New_York-2015-A06618-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6618
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 27, 2015
                                      ___________
       Introduced by M. of A. WALKER -- read once and referred to the Committee
         on Housing
       AN  ACT  to  amend  the  New  York  city charter, in relation to willful
         neglect of real property prevention
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  New  York  city  charter  is amended by adding a new
    2  section 1806 to read as follows:
    3    S 1806. WILLFUL NEGLECT OF PROPERTY PREVENTION.  1. FOR  THE  PURPOSES
    4  OF  THIS  SECTION  "WILLFUL  NEGLECT" SHALL MEAN IMPROPER MAINTENANCE OR
    5  LACK OF MAINTENANCE RESULTING IN SUBSTANTIAL DETERIORATION OF THE  PROP-
    6  ERTY.
    7    2. WHERE THERE HAVE BEEN THREE OR MORE GOOD FAITH COMPLAINTS, BY OR ON
    8  BEHALF  OF  THE  TENANT,  TO THE DEPARTMENT OF ANY HEALTH OR SAFETY LAW,
    9  REGULATION, CODE OR ORDINANCE, OR ANY LAW OF REGULATION WHICH HAS AS ITS
   10  OBJECTIVE THE REGULATION OF PREMISES USED FOR DWELLING PURPOSES WITHIN A
   11  PERIOD OF ONE HUNDRED TWENTY DAYS AND THE CONDITIONS HAVE NOT BEEN REME-
   12  DIED AND ARE NOT IN THE PROCESS OF BEING REMEDIED THE  DEPARTMENT  SHALL
   13  NOTIFY  THE  TENANTS  AND  THE DEPARTMENT OF BUILDINGS OF THE FAILURE TO
   14  REPAIR.
   15    3. UPON THE CONSENSUS OF MORE THAN FIFTY PERCENT OF  THE  TENANTS,  AN
   16  ACTION  SHALL  BE  COMMENCED  BY THE CITY TO COMPEL THE PERSON OR ENTITY
   17  REQUIRED TO MAINTAIN THE PROPERTY TO UNDERTAKE REPAIRS AND IF  NECESSARY
   18  TO  CEASE AND DESIST FROM REMOVING AND DESTROYING STRUCTURAL, MECHANICAL
   19  AND ELECTRICAL SYSTEMS NECESSARY FOR THE DELIVERY OF ESSENTIAL SERVICES,
   20  INCLUDING APPLIANCES, TO THE TENANTS.
   21    4. IF THE REPAIRS ARE NOT COMPLETED OR IF  THE  REMOVED  OR  DESTROYED
   22  SYSTEMS  HAVE  NOT  BEEN REPLACED WITHIN NINETY DAYS OF THE JUDGMENT THE
   23  DEPARTMENT SHALL NOTIFY THE PERSON OR ENTITY REQUIRED  TO  MAINTAIN  THE
   24  PROPERTY  THAT  THE CITY SHALL PLACE A LIEN ON THE PROPERTY EQUAL TO THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09427-01-5
       A. 6618                             2
    1  COSTS OF THE REPAIRS, IMPROVEMENTS, REPLACEMENT AND  TREATMENT  MEASURES
    2  REQUIRED TO REMEDY THE PROPERTY AND THE ADMINISTRATIVE FEES.
    3    5. THE DEPARTMENT SHALL ASSESS AND PREPARE A LIST OF REPAIRS, IMPROVE-
    4  MENTS,  REPLACEMENTS AND TREATMENT MEASURES TO BE TAKEN BY THE PERSON OR
    5  ENTITY REQUIRED TO MAINTAIN THE PROPERTY.
    6    6. THE DEPARTMENT SHALL ASSIGN A COMMUNITY BASED  HOUSING  DEVELOPMENT
    7  CORPORATION TO MANAGE THE REPAIRS.
    8    7.  THE REPAIRS SHALL BE FINANCED BY PERSONAL INCOME TAX REVENUE BONDS
    9  AUTHORIZED BY THE NEW YORK STATE HOUSING FINANCE AGENCY.
   10    8. THE PERSON OR ENTITY REQUIRED TO MAINTAIN  THE  PROPERTY  SHALL  BE
   11  RESPONSIBLE  FOR  REIMBURSING THE CITY FOR THE COSTS OF REPAIRS IN ADDI-
   12  TION TO INTEREST AND PENALTIES AND ANY ADMINISTRATIVE MANAGEMENT FEES.
   13    9. SHOULD THE REPAIRS, IMPROVEMENTS OR REPLACEMENTS REQUIRE RELOCATION
   14  OF THE TENANT THE PERSON OR ENTITY REQUIRED  TO  MAINTAIN  THE  PROPERTY
   15  MUST, AT THE TENANT'S OPTION, EITHER RELOCATE THE TENANT TO A COMPARABLE
   16  HOUSING  ACCOMMODATION  IN  A CLOSELY PROXIMATE AREA THAT IS THE SAME OR
   17  LOWER RENT OR COMPENSATE THE TENANT IN  AN  AMOUNT  NECESSARY  TO  COVER
   18  THEIR COSTS OF RELOCATION FOR THE DURATION OF THE REPAIR.
   19    10.  THE  DEPARTMENT SHALL CREATE AN "IMMINENT DANGER" LIST OF PROPER-
   20  TIES FOR WHICH MORE THAN FIVE COMPLAINTS  HAVE  BEEN  FILED  DURING  THE
   21  COURSE  OF  ANY GIVEN CALENDAR YEAR. SAID LIST SHALL BE AVAILABLE ON THE
   22  DEPARTMENT'S WEBSITE.
   23    11. THIS SECTION SHALL NOT PREEMPT, REDUCE  OR  LIMIT  ANY  RIGHTS  OR
   24  OBLIGATIONS  IMPOSED BY ANY STATE OR LOCAL LAWS WITH RESPECT TO PROPERTY
   25  MAINTENANCE AND A LOCALITY'S ABILITY TO ENFORCE THOSE LAWS OR A TENANT'S
   26  RIGHT TO BE RESTORED TO THE VACATED PREMISES.
   27    S 2. This act shall take effect immediately.