NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3949
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the real property law, in relation to establishing an
emergency repair program
PURPOSE OR GENERAL IDEA OF BILL:
To incentivize landlords to respond to emergency requests in a timely
Manner
SUMMARY OF SPECIFIC PROVISIONS:
235-h. Emergency repair program. 1. Every municipality shall set up a
program that repairs emergency violations of habitability for residents
in a timely manner and bills the owners of the property for such
repairs. The program shall include a hotline for tenants, accessible via
a toll-free number, to report potential emergency violations. Emergency
violations include but are not limited to structural stability of build-
ings, accessibility of buildings, mold and/or lead- based paint issues.
2. The municipality may bill the property owner for the cost of the
emergency repair plus related fees and/or for the cost of sending a
contractor to attempt to make repairs. Such charges will appear on the
property tax bill. If the owner fails to pay, the municipality shall
file a tax lien against such owner. The tax lien will bear interest and
may be sold and/or foreclosed to collect the amount owed.
3. Property owners can avoid emergency: repair and service charges and
remove the violation or violations from municipality records at no cost
by correcting the violation or emergency condition and certifying such
correction to the municipality no later than thirty days from notice of,
such violation or complying with a violation or order as directed by the
issuing municipality. Property owners may contact the municipality for a
list of contractors.
4. Property owners may protest an emergency repair charge by submitting
their protest in writing and delivering it to the municipality on or
before the payment due date listed on the statement of account. Such
owner may request an invoice that supports the municipality's emergency
repair charge prior to protesting the charge. Failure to protest an
emergency repair charge within the time allowed negates the owner's
right to contest the charge in any subsequent administrative or judicial
proceeding.
5. Each municipality shall notify owners of property on record of the
emergency repair program and make all information regarding such program
freely 'and publicly available on its website.
JUSTIFICATION:
To encourage landlords to respond to emergency requests in a timely
manner
PRIOR LEGISLATIVE HISTORY:
2021-22: A06693; Referred to Judiciary
2019-20: A2710; Referred to Judiciary
2017-18: A928; Referred to Judiciary
FISCAL IMPLICATIONS:
The municipality may bill the property owner for the cost of the emer-
gency repair plus related fees and/or for the cost of sending a contrac-
tor to attempt to make repairs. Such charges will appear on the property
tax bill. If the owner fails to pay, the municipality shall file a tax
lien against such owner. The tax lien will bear interest and may be sold
and/or foreclosed to collect the amount owed.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized to be made or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
3949
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. BICHOTTE HERMELYN, COLTON -- read once and
referred to the Committee on Judiciary
AN ACT to amend the real property law, in relation to establishing an
emergency repair program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 235-j to read as follows:
3 § 235-j. Emergency repair program. 1. Every municipality shall set up
4 a program that repairs emergency violations of habitability for resi-
5 dents in twenty-four to forty-eight hours from notification and bills
6 the owners of the property for such repairs. The program shall include a
7 hotline for tenants, accessible via a toll-free phone number, to report
8 potential emergency violations of habitability. Such violations shall be
9 accessed for eligibility via the hotline and any contractor contacted to
10 repair such violations shall verify its existence to the municipality
11 for program eligibility. Proof of notice to the property owner regarding
12 such violation or violations is required for program eligibility. All
13 costs of the hotline shall be paid for by the municipality. Emergency
14 violations include but are not limited to structural stability of build-
15 ings, accessibility of buildings, mold and/or lead-based paint issues.
16 2. The municipality described in subdivision one of this section may
17 bill the property owner for the cost of the emergency repair plus
18 related fees and/or for the cost of sending a contractor to attempt to
19 make repairs. Such charges will appear on the property tax bill, as well
20 as on a separate notice sent to the owner once the repairs are complete.
21 If the owner fails to pay, the municipality shall file a tax lien
22 against such owner. The tax lien will bear interest and may be sold
23 and/or foreclosed to collect the amount owed.
24 3. Property owners can avoid emergency repair and service charges and
25 remove the violation or violations from municipality records at no cost
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06385-01-3
A. 3949 2
1 by correcting the violation or emergency condition and certifying such
2 correction to the municipality no later than thirty days from notice of
3 such violation or complying with a violation or order as directed by the
4 issuing municipality. Property owners may contact the municipality for a
5 list of contractors. Anything less than a full repair shall not be
6 acceptable in correcting the violation or violations. If a property
7 owner attempts to patch the violation or do surface work, such owner
8 shall be fined double for the violation or violations and may not
9 protest the emergency repair charge pursuant to subdivision four of this
10 section.
11 4. Property owners may protest an emergency repair charge by submit-
12 ting their protest in writing and delivering it to the municipality on
13 or before the payment due date listed on the statement of account. Such
14 owner may request an invoice that supports the municipality's emergency
15 repair charge prior to protesting the charge. Failure to protest an
16 emergency repair charge within the time allowed negates the owner's
17 right to contest the charge in any subsequent administrative or judicial
18 proceeding.
19 5. Each municipality shall notify owners of property on record of the
20 emergency repair program and make all information regarding such program
21 freely and publicly available on its website.
22 § 2. This act shall take effect on the sixtieth day after it shall
23 have become a law. Effective immediately, the addition, amendment and/or
24 repeal of any rule or regulation necessary for the implementation of
25 this act on its effective date are authorized to be made and completed
26 on or before such effective date.
