Bill Text: NY S03165 | 2013-2014 | General Assembly | Amended

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Bill Title: Authorizes localities to establish administrative proceedings for the enforcement of state and local housing maintenance codes; permits administratively imposed penalties to be docketed and enforced in the same manner as a judgement in a civil action without further judicial proceedings.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-24 - PRINT NUMBER 3165A [S03165 Detail]

Download: New_York-2013-S03165-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3165--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 31, 2013
                                      ___________
       Introduced by Sens. KRUEGER, HOYLMAN, STAVISKY -- 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 committee
       AN  ACT  to  amend  the multiple dwelling law and the multiple residence
         law, in relation to authorizing  administrative  imposition  of  civil
         penalties  in  the  enforcement of state and local housing maintenance
         laws
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraphs  a  and b of subdivision 4 of section 3 of the
    2  multiple dwelling law, as amended by chapter 516 of the  laws  of  1983,
    3  are amended to read as follows:
    4    a.   Any city, town or village may make local laws, ordinances, resol-
    5  utions or regulations not less restrictive than those provided  in  this
    6  chapter  and  may  provide  for  their enforcement by legal or equitable
    7  actions or proceedings, OR BY ADMINISTRATIVE PROCEEDINGS, and  prescribe
    8  the  penalties,  sanctions  and remedies for violations thereof.  In the
    9  enforcement and administration of  this  chapter  in  a  city  of  three
   10  hundred  twenty-five  thousand or more persons, the penalties, sanctions
   11  and remedies enacted by local law may be applied, notwithstanding  their
   12  inconsistency with this chapter, or the provisions of this chapter.
   13    b.  In  a  city of three hundred twenty-five thousand or more persons,
   14  such local laws may authorize such actions or  proceedings  against  the
   15  owner, lessee of a whole multiple dwelling, agent or other person having
   16  control  of  such  dwelling,  and  any responsible party, or against the
   17  dwelling in rem. Such local laws may further authorize (1) that civil OR
   18  ADMINISTRATIVELY IMPOSED penalties may be enforced  against  the  person
   19  liable  therefor, and that in addition to the methods of enforcement for
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00960-03-4
       S. 3165--A                          2
    1  judgments established in the civil practice law and rules, a lien may be
    2  imposed against the premises and the  rents  therefrom;  (2)  that  such
    3  civil  OR ADMINISTRATIVELY IMPOSED penalties may be enforced against the
    4  dwelling by the imposition of a lien against the rents therefrom.
    5    S  2. Paragraph c of subdivision 4 of section 3 of the multiple dwell-
    6  ing law, as amended by chapter 516 of the laws of 1978,  is  amended  to
    7  read as follows:
    8    c.    Such  local  laws  may also authorize that all liens upon rents,
    9  whether authorized by state or  local  law,  may  be  satisfied  without
   10  further judicial proceedings by the collection of rents due or to become
   11  due;  AND  MAY FURTHER AUTHORIZE THAT ADMINISTRATIVELY IMPOSED PENALTIES
   12  MAY BE DOCKETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL
   13  ACTION WITHOUT FURTHER JUDICIAL PROCEEDINGS.
   14    S 3. Section 304 of the multiple residence law is amended by adding  a
   15  new subdivision 3 to read as follows:
   16    3.  IN  ADDITION  TO  THE PENALTIES IMPOSED IN SUBDIVISION ONE OF THIS
   17  SECTION, ANY CITY, TOWN OR VILLAGE MAY PROVIDE FOR  THE  ENFORCEMENT  OF
   18  THE PROVISIONS OF THIS CHAPTER OR OF LOCAL LAWS, ORDINANCES, RESOLUTIONS
   19  OR REGULATIONS PROMULGATED PURSUANT HERETO BY ADMINISTRATIVE PROCEEDINGS
   20  AND  MAY AUTHORIZE ADMINISTRATIVELY IMPOSED PENALTIES WHICH MAY BE DOCK-
   21  ETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT  IN  A  CIVIL  ACTION
   22  WITHOUT FURTHER JUDICIAL PROCEEDINGS.
   23    S  4.  This  act shall take effect on the thirtieth day after it shall
   24  have become a law and shall apply to any  proceedings  commenced  on  or
   25  after such effective date.