Bill Text: NY A07223 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the licensing of building managers of multiple dwellings; prohibits owner from operating a multiple dwelling without a licensed manager; provides for a restricted license for dwellings of six units or less where the owner resides in such building; requires managers to take building management course with minimum number of hours of classroom work conducted or approved by department of buildings; enacts related provisions; provides oversight by New York city department of buildings; exempts NYC housing authority from licensing provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-04-15 - referred to housing [A07223 Detail]

Download: New_York-2019-A07223-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7223
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 15, 2019
                                       ___________
        Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A. GOTT-
          FRIED -- read once and referred to the Committee on Housing
        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to requiring the licensing of building managers  of  multiple
          dwellings in the city of New York
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subchapter 2 of chapter 2 of title 27 of the administrative
     2  code of the city of New York is amended by adding a new  article  15  to
     3  read as follows:
     4                                  ARTICLE 15
     5                          HOUSING MAINTENANCE CODE
     6                              BUILDING MANAGERS
     7  Section 27-2056.51  Definition.
     8          27-2056.52  License required.
     9          27-2056.53  Duties of owner.
    10          27-2056.54  Duties of building manager.
    11          27-2056.55  Requirements for license.
    12          27-2056.56  Application for license.
    13          27-2056.57  Issuance of license.
    14          27-2056.58  Revocation and suspension.
    15          27-2056.59  Hearings.
    16          27-2056.60 Complaints  by  tenants,  residents  or  occupants of
    17                       multiple dwellings.
    18          27-2056.61 Judicial review.
    19          27-2056.62 Exemption of New York city housing authority.
    20    § 27-2056.51 Definition. A building manager is a person employed by an
    21  owner of a multiple dwelling to supervise and  be  responsible  to  said
    22  owner  for the performance of janitorial services as defined in subdivi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11033-01-9

        A. 7223                             2
     1  sion (a) of section 27-2052 of this subchapter and compliance  with  the
     2  maintenance, health and safety provisions of this subchapter.
     3    § 27-2056.52 License required. No person shall engage in or follow the
     4  business  or occupation of, or hold himself or herself out to act tempo-
     5  rarily or otherwise as, a building manager in the city of New York with-
     6  out first procuring a license therefor as provided in this article.
     7    § 27-2056.53 Duties of owner. a. No owner of a multiple dwelling shall
     8  operate that dwelling, rent dwelling units in that dwelling, or  collect
     9  rents  for use of dwelling units in that dwelling unless and until he or
    10  she has employed a licensed building manager to act with respect to that
    11  dwelling as set out in section  27-2056.51  of  this  article;  however,
    12  nothing  in  this  article shall prevent an owner of a multiple dwelling
    13  from becoming a licensed  building  manager  upon  compliance  with  all
    14  provisions of this article with respect thereto.
    15    b.  The  owner  of a multiple dwelling shall post and maintain in such
    16  dwelling a legible sign, conspicuously displayed, containing the  build-
    17  ing  manager's  name, address and telephone number. A new identification
    18  sign shall be posted and maintained within five days following a  change
    19  of building manager.
    20    §  27-2056.54  Duties  of  building  manager.  a.  A  building manager
    21  employed by an owner of a multiple dwelling shall be within ready access
    22  of that dwelling and the residents and employees thereof during  weekday
    23  working hours.
    24    b.  A building manager shall not be employed in that capacity for more
    25  than three hundred dwelling units in separate multiple dwellings of less
    26  than one hundred units each or two multiple dwellings of one hundred  or
    27  more units each.
    28    c.  If  a  building  manager is employed in that capacity for dwelling
    29  units in more than one multiple dwelling, the several multiple dwellings
    30  shall be located within a radius of five miles.
    31    § 27-2056.55 Requirements for license. a. The following  licenses  may
    32  be issued under this article:
    33    (1) Type A--unrestricted. A type A license is unrestricted.
    34    (2)  Type  B--restricted.  A  type  B license may be issued only to an
    35  owner of a multiple dwelling of six units or less who occupies a  dwell-
    36  ing  unit  in said multiple dwelling and entitles such owner to act as a
    37  building manager only with respect to such multiple dwelling.
    38    b. No person shall be entitled to a type A license unless:
    39    (1) he or she has successfully completed a building management  course
    40  requiring  not  less  than  sixty  hours  of  classroom work approved or
    41  conducted by the department of buildings; or
    42    (2) he or she demonstrates in a written  examination  administered  by
    43  the department of buildings competence in building management.
    44    c. No person shall be entitled to a type B license unless:
    45    (1)  he  or she has successfully completed a course requiring not less
    46  than twenty hours of classroom work approved or conducted by the depart-
    47  ment of buildings in the management of buildings of six units  or  less;
    48  or
    49    (2)  he  or  she demonstrates in a written examination administered by
    50  the department of buildings competence in the management of buildings of
    51  six units or less.
    52    d. If the applicant seeks to qualify under paragraph two  of  subdivi-
    53  sion b or paragraph two of subdivision c of this section he or she shall
    54  demonstrate  to the department sufficient experience, training or educa-
    55  tion as will entitle him or her to a waiver of the requirements of para-

        A. 7223                             3
     1  graph one of subdivision b or paragraph one of  subdivision  c  of  this
     2  section.
     3    § 27-2056.56 Application for license. a. Any person desiring a license
     4  as  a building manager shall file with the department an application for
     5  the license in such form and detail as the department  shall  prescribe,
     6  setting forth the following:
     7    (1) the name and address of the applicant, and the name under which he
     8  or she intends to conduct business;
     9    (2)  the  place or places, with the street and number, where the busi-
    10  ness is to be conducted;
    11    (3) the business or occupation theretofore engaged in by the applicant
    12  for a period of two years immediately preceding the date of such  appli-
    13  cation, setting forth the place or places where such business or occupa-
    14  tion was engaged in and the name or names of employers, if any;
    15    (4)  if the applicant seeks to qualify for the license under paragraph
    16  two of subdivision b or  paragraph  two  of  subdivision  c  of  section
    17  27-2056.55  of this article, all information relevant to the experience,
    18  education and training that would entitle him or her to a waiver of  the
    19  requirements  of  paragraph  one  of  subdivision  b or paragraph one of
    20  subdivision c of section 27-2056.55 of this article;
    21    (5) if the applicant seeks to qualify for the license under  paragraph
    22  one  of  subdivision  b  or  paragraph  one  of subdivision c of section
    23  27-2056.55 of this article, such proof as  required  by  the  department
    24  evidencing  that  the  applicant  has  successfully completed the course
    25  provided for in that section;
    26    (6) such further information as the department may reasonably  require
    27  to  determine the trustworthiness of the applicant and his or her compe-
    28  tency to transact the business of building manager in such a  manner  as
    29  to safeguard the interests of the public. In determining competency, the
    30  department  shall  require proof that the applicant for a type A license
    31  has knowledge and understanding of  the  operation  and  maintenance  of
    32  multiple  dwellings  of  all types, ages, sizes, and conditions, and the
    33  operation and maintenance of all equipment, machinery, and facilities of
    34  such multiple dwellings, a general knowledge of the basic principles  of
    35  the  law of agency, contracts, and labor relations, and a thorough know-
    36  ledge of this subchapter; and that the applicant for a  type  B  license
    37  has  knowledge  and  understanding  of  the operation and maintenance of
    38  multiple dwellings of six units or less, and the operation  and  mainte-
    39  nance  of  all  equipment,  machinery,  and  facilities of such multiple
    40  dwellings, a general understanding of the basic principles of the law of
    41  agency, contracts, and labor relations, and a thorough knowledge of this
    42  subchapter.
    43    b. An application for a license shall be accompanied by the  appropri-
    44  ate license fee, as prescribed by the department.
    45    c. A license granted under this article shall be valid for a period of
    46  two years. Any such license may be renewed by the department upon appli-
    47  cation  by  the  licensee, in such form as the department may prescribe,
    48  and upon payment of the fee for such license. In the case of application
    49  for renewal, the department may dispense with the  requirement  of  such
    50  statements  as  it  deems  unnecessary in view of those contained in the
    51  original application.
    52    d. The fees provided for by this section shall not be refundable.
    53    § 27-2056.57  Issuance of license. a. The department, if satisfied  of
    54  the  competency  and  trustworthiness  of the applicant, shall issue and
    55  deliver to him or her a license in such form and manner as  the  depart-
    56  ment  shall  prescribe,  but which must set forth the name and principal

        A. 7223                             4
     1  business address of the licensee and whether the license is a type A  or
     2  type B license.
     3    b.  Notice in writing in the manner and form prescribed by the depart-
     4  ment shall be given the department of any change in his or her principal
     5  business address at its offices by a licensee. Such change by a licensee
     6  without such notification shall operate to suspend his  or  her  license
     7  until such suspension shall be vacated by the department.
     8    c.  The  fee  for a type A license under this article shall be twenty-
     9  five dollars; the fee for a type B license under this article  shall  be
    10  ten dollars.
    11    §  27-2056.58  Revocation and suspension. a. The department may revoke
    12  or suspend the license of a building manager  for  such  period  as  the
    13  department  may  deem proper, or in lieu thereof may impose a fine under
    14  subchapter five of this chapter for a violation of any provision of this
    15  article, for  a  material  misstatement  in  the  application  for  such
    16  license, or for incompetency to act as a building manager.
    17    b.  In  the  event  that  the  department  shall revoke or suspend the
    18  license of a building manager, its determination shall be in writing and
    19  officially signed. The original of such determination, when  so  signed,
    20  shall be filed in the offices of the department and copies thereof shall
    21  be served personally or by registered mail upon the licensee, and to the
    22  complainant,  if  any.  All licenses shall be returned to the department
    23  within five days after the receipt of notice of a revocation or  suspen-
    24  sion.
    25    c. After revocation or suspension it is prohibited to hold oneself out
    26  as a building manager.
    27    d.  Whenever the license of a building manager is revoked, such licen-
    28  see shall be ineligible to be relicensed until after the  expiration  of
    29  one  year  from the date of such revocation and until such time as he or
    30  she complies with all the requirements for an  initial  application.  In
    31  the  event  of  relicensing,  the building manager shall comply with the
    32  requirements of paragraph one of  subdivision  b  or  paragraph  one  of
    33  subdivision  c  of  section  27-2056.55  of  this  article even if those
    34  requirements were waived in his or her initial application.
    35    § 27-2056.59  Hearings. a. The department  shall,  before  denying  an
    36  application  for  license, or before revoking or suspending any license,
    37  or imposing any fine on the licensee, and at least ten days prior to the
    38  date set for hearing notify in writing the applicant or licensee of  any
    39  charges  made and shall afford said applicant or licensee an opportunity
    40  to be heard in person or by counsel in reference thereto.  Such  written
    41  notice  may  be served by personal delivery or by registered mail to the
    42  last known business address of a licensee, or the residence  address  of
    43  an applicant.
    44    b.  A hearing under this section shall be conducted in accordance with
    45  section 27-2092 of this chapter and the regulations thereunder.
    46    § 27-2056.60 Complaints by tenants, residents or occupants of multiple
    47  dwellings. a. Any tenant, resident, or occupant of any multiple dwelling
    48  for which a licensed building manager is employed under this article may
    49  file a complaint with the department pertaining  to  the  competency  of
    50  such building manager.
    51    b.  A complaint under this section shall be in writing in the form and
    52  manner prescribed by the department and shall be  mailed  or  personally
    53  delivered to the offices of the department.
    54    c.  Upon  receipt  of  a  complaint under this section, the department
    55  shall proceed in accordance with sections 27-2056.58 and  27-2056.59  of
    56  this article.

        A. 7223                             5
     1    § 27-2056.61 Judicial review. The action of the department in granting
     2  or refusing to grant or renew a license under this article and in revok-
     3  ing or suspending such a license or refusing to revoke or suspend such a
     4  license  shall  be  subject  to review by a proceeding brought under and
     5  pursuant to article seventy-eight of the civil practice law and rules at
     6  the instance of the applicant or licensee or the person aggrieved.
     7    §  27-2056.62  Exemption  of  New  York  city  housing  authority. The
     8  provisions of this article shall not be applicable to the New York  city
     9  housing authority.
    10    §  2. This act shall take effect one year after it shall have become a
    11  law. Effective immediately, the addition, amendment and/or repeal of any
    12  rule or regulation necessary for the implementation of this act  on  its
    13  effective date are authorized to be made and completed on or before such
    14  effective date.
feedback