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A02208 Summary:

BILL NO    A02208 

SAME AS    No same as 

SPONSOR    Lopez V (MS)

COSPNSR    Rosenthal, Englebright

MLTSPNSR   Boyland, Colton

Amd S17-123, NYC Ad Cd

Increases amount of civil and criminal penalties for failing to install window
guards; for a second or subsequent violation the criminal penalties shall be
increased to a fine of up to $1000 or imprisonment for up to one year, or both;
for a first civil violation the fine shall be $1000, for a second violation the
fine shall be $2500 and for any subsequent violation the fine shall be $5000.
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A02208 Actions:

BILL NO    A02208 

01/09/2013 referred to cities
05/20/2013 enacting clause stricken
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A02208 Memo:

BILL NUMBER:A2208

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in
relation to increasing the penalties for failing to install window
guards in multiple dwellings

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision d of S17-123 of the administrative code of New York City is
amended to increase the penalties from six months to one year in prison
for owners, lessees, agents or other persons who manage or control
multiple dwellings and fail to install window guards in units with
children under the age of 11. The bill also doubles the criminal and
civil fines those managers would have to pay, and holds a landlord who
fails to install window guards to a Class E felony if a child dies as a
result of falling from an unprotected window.

JUSTIFICATION:
Even though the number of children falling from windows has dropped 75%
since 1976 when a City law requiring the installation of window guards
went into effect, children are still falling and
dying.  Between 1990 and October of 1992, 73 children were hurt and 18
children died after falling from windows that should have been protected
with guards. A child's life is worth much more than the $10 the average
window guard costs.  By raising the penalties on responsible parties,
this bill will increase compliance with the current window guard
provisions.  It will also decrease the number of children who are hurt
or die because of window falls.
PRIOR LEGISLATIVE HISTORY:

A4701 of the 2011/12 Legislative Session
A5526 of the 2007/08 Legislative Session
A5284 of the 2005/06 Legislative Session
A981 of the 2003/04 Legislative Session
A1236 of the 2001/02 Legislative Session
A1507 of the 1997/98 Legislative Session

FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the first day of November next succeeding
the date on which it shall have become law.
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A02208 Text:

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

                                         2208

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M. of A. V. LOPEZ, ROSENTHAL, ENGLEBRIGHT -- Multi-Spon-
         sored by -- M. of A.  BOYLAND, COLTON -- read once and referred to the
         Committee on Cities

       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to  increasing  the  penalties for failing to install window
         guards in multiple dwellings

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Subdivision c of section 17-123 of the administrative code
    2  of the city of New York, as amended by local law number 22 of  the  city
    3  of New York for the year 2002, is amended to read as follows:
    4    c.  The  department of health and mental hygiene shall promulgate such
    5  regulations as it deems necessary to comply with the provisions of  this
    6  section,  with  respect  to the annual notice to tenants, and the notice
    7  requirement in all multiple dwelling leases.  THE DEPARTMENT SHALL  ALSO
    8  DEVELOP  A  PROGRAM  TO  EDUCATE  THE COMMUNITY OF THE RISK OF INJURY OR
    9  DEATH TO CHILDREN WHEN RESIDING IN MULTIPLE DWELLINGS WHICH DO NOT  HAVE
   10  WINDOW GUARDS INSTALLED.
   11    S  2.    Subdivision d of section 17-123 of the administrative code of
   12  the city of New York, as added by local law number 33 of the city of New
   13  York for the year 1986, is amended to read as follows:
   14    d. Any person who violates the provisions  of  this  section,  or  the
   15  regulations  promulgated  hereunder,  shall  be  guilty of a misdemeanor
   16  punishable by a fine of up to five hundred dollars or  imprisonment  for
   17  up  to six months or both FOR THE FIRST VIOLATION AND BY A FINE OF UP TO
   18  ONE THOUSAND DOLLARS OR IMPRISONMENT FOR UP TO ONE YEAR OR BOTH FOR  ANY
   19  SUBSEQUENT  VIOLATION.  In addition, any violation of this section shall
   20  constitute a civil violation subject to a penalty of not more than [five
   21  hundred] ONE THOUSAND dollars [per] FOR THE FIRST violation,  TWO  THOU-
   22  SAND  FIVE  HUNDRED  DOLLARS  FOR THE SECOND VIOLATION AND FIVE THOUSAND

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04703-01-3
       A. 2208                             2

    1  DOLLARS FOR ANY SUBSEQUENT VIOLATION.   A  civil  violation  under  this
    2  section  shall  be adjudicated before the administrative tribunal of the
    3  department.
    4    S 3. This act shall take effect on the first of November next succeed-
    5  ing the date on which it shall have become a law.
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