A03381 Summary:

BILL NO    A03381 

SAME AS    No same as 

SPONSOR    Wright

COSPNSR    

MLTSPNSR   



Provides for the suspension of public assistance to owners of privately owned
residential housing in NYC who are in violation of certain New York city
department of housing preservation and development standards.
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A03381 Actions:

BILL NO    A03381 

01/22/2015 referred to housing
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A03381 Memo:

BILL NUMBER:A3381

TITLE OF BILL:  An act relating to payment of assistance to owners of
privately owned residential housing within the city of New York

PURPOSE OR GENERAL IDEA OF BILL:

SUMMARY OF SPECIFIC PROVISIONS:

Section One. Notwithstanding any other provision of law to the
contrary any department or agency of the state or the city of New York
which provides financial assistance of any kind to owners of privately
owned residential housing within the city of New York shall suspend
payment of assistance to any such owners who are listed on the New
York city department of housing preservation and development's
official major problem owner list until all class C violations are
removed by the New York department of housing preservation and
development. Additionally, during such period when assistance is
suspended, owners who have not corrected the class C violations and
been removed from the problem owner list for such violations shall not
evict any tenant for nonpayment of rent or for violation of lease
agreements that are related in any way to the class C violations which
are subject of suspension of assistance.

JUSTIFICATION:  The New York City Department of Housing Preservation
and Development

(HPD) is the first line of defense in matters concerning abuses of
tenants within New York City. This agency is responsible for
investigating and deeming if a building is in violation of City
housing codes. The violations are categorized into three classes;
Class A, Class B, and Class C, with Class C being the most serious and
defined as emergency repairs that must be mediated within twenty-four
(24) hours.

It is internal HPD policy that if a landlord who has multiple
unresolved Class C City Housing Maintenance Code Violations, they are
added to a 'problem owner list'. Other than by the administrative
steps that HPD can take to remedy the situation, many problem
landlords go unpunished and continue to receive state and city aid
through tax breaks and other programs.

This legislation seeks to remove this city and state aid until the
landlord has complied with city housing codes and has resolved all
Class C violations lodged against them. The legislation also addresses
the tendency of landlords to attempt eviction against tenants who file
complaints with HPD, and prevents eviction proceedings to occur while
Class C violations and listing on the "problem owner list" still
exists. Although fines are assessed to landlords by HPD and tenants
with Class C violations in their unit or building have the option of
paying rent into an ESCROW account until violations are resolved, with
the housing market as inflated and exclusionary as it is today within
New York City, additional steps must be taken to protect our tenants
from unnecessary retribution and abuse. Hopefully the outcome of this
legislation will be lower numbers and quicker resolution of
violations.


PRIOR LEGISLATIVE HISTORY:  2013-2014: A.2834 2011: A.2966 2009:
A.1404 2007 - A.1081 2006 - A.10211

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.
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A03381 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3381

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 22, 2015
                                      ___________

       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Housing

       AN  ACT  relating  to payment of assistance to owners of privately owned
         residential housing within 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. Notwithstanding any other provision of law to the contrary,
    2  any  department  or agency of the state or of the city of New York which
    3  provides financial assistance of any kind to owners of  privately  owned
    4  residential housing within the city of New York shall suspend payment of
    5  assistance  to  any  such  owners  who  are  listed on the New York city
    6  department of housing  preservation  and  development's  official  major
    7  problem  owner  list until all class C violations are removed by the New
    8  York department of housing preservation and development.   Additionally,
    9  during  such  period  when  assistance is suspended, owners who have not
   10  corrected the class C violations and been removed from the problem owner
   11  list for such violations shall not evict any tenant  for  nonpayment  of
   12  rent or for violation of lease agreements that related in any way to the
   13  class C violations which are the subject of suspension of assistance.
   14    S 2. This act shall take effect immediately.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04748-01-5
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