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A08404 Summary:

BILL NOA08404A
 
SAME ASNo Same As
 
SPONSORLucas
 
COSPNSR
 
MLTSPNSR
 
Amd §382, Exec L
 
Requires that any penalties for violations of housing standards or building and fire codes be assessed and imposed within fourteen days; increases certain fine amounts for violations of housing standards.
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A08404 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8404--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2025
                                       ___________
 
        Introduced  by M. of A. LUCAS -- read once and referred to the Committee
          on Governmental Operations -- recommitted to the Committee on  Govern-
          mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to  amend  the  executive  law, in relation to imposing certain
          penalties related to violations of building and  fire  code  standards
          within  fourteen  days  and increasing certain fines for violations of
          housing standards
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  2  of  section  382 of the executive law, as
     2  amended by chapter 571 of the laws of 2021, is amended and a new  subdi-
     3  vision 5 is added to read as follows:
     4    2.  a.  Any person, having been served, either personally or by regis-
     5  tered or certified mail, with an order to remedy any condition found  to
     6  exist  in,  on,  or  about any building in violation of the uniform fire
     7  prevention and building code, who shall fail to comply with  such  order
     8  within  the  time  fixed by the regulations promulgated by the secretary
     9  pursuant to subdivision one of section three hundred eighty-one of  this
    10  article,  such  time  period  to  be stated in the order, and any owner,
    11  builder,  architect,  tenant,  contractor,  subcontractor,  construction
    12  superintendent  or  their  agents  or  any  other  person taking part or
    13  assisting in the  construction  of  any  building  who  shall  knowingly
    14  violate  any  of  the  applicable  provisions of the uniform code or any
    15  lawful order of a local government, a county or the secretary made ther-
    16  eunder  regarding  standards  for  construction,  maintenance,  or  fire
    17  protection  equipment  and systems, shall be punishable by a fine of not
    18  [more than one thousand dollars per day of  violation,  or  imprisonment
    19  not  exceeding  one year, or both for the first one hundred eighty days,
    20  and for the following one hundred eighty days shall be punishable  by  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07999-05-6

        A. 8404--A                          2

     1  fine  of no less than twenty-five dollars and not more than one thousand
     2  dollars per day of violation or imprisonment not exceeding one year,  or
     3  both  and thereafter shall be punishable by a fine of no less than fifty
     4  dollars  and  not more than one thousand dollars per day of violation or
     5  imprisonment not exceeding one year,  or  both]  less  than  twenty-five
     6  dollars  nor  more than one hundred fifty dollars for each non-hazardous
     7  violation in a multiple dwelling containing ten or fewer dwelling units.
     8    b. For each hazardous  violation  occurring  in  a  multiple  dwelling
     9  containing ten or fewer dwelling units, a penalty of not less than fifty
    10  dollars nor more than five hundred dollars per day shall be imposed from
    11  the  date  set  for  correction  in  the  notice  of violation until the
    12  violation is corrected.
    13    c. For each immediately hazardous violation occurring  in  a  multiple
    14  dwelling  containing  ten or fewer dwelling units, a penalty of not less
    15  than two hundred fifty dollars per day shall be imposed  from  the  date
    16  set  for  correction  in  the notice of violation until the violation is
    17  corrected.
    18    d. For each non-hazardous violation occurring in a  multiple  dwelling
    19  containing  more than ten dwelling units, a penalty of not less than one
    20  hundred dollars nor more than one thousand five hundred dollars shall be
    21  imposed from the date set for correction  in  the  notice  of  violation
    22  until the violation is corrected.
    23    e.  For  each  hazardous  violation  occurring  in a multiple dwelling
    24  containing more than ten dwelling units, a penalty  not  less  than  one
    25  hundred  fifty  dollars nor more than two thousand dollars per day shall
    26  be imposed from the date set for correction in the notice  of  violation
    27  until the violation is corrected.
    28    f.  For  each  immediately hazardous violation occurring in a multiple
    29  dwelling containing more than ten dwelling units, a penalty of not  less
    30  than  five hundred dollars per day for each violation, from the date set
    31  for correction in  the  notice  of  violation  until  the  violation  is
    32  corrected, or imprisonment not exceeding one year, or both.
    33    g.  A person making a false certification of correction of a violation
    34  shall be subject to a civil penalty in the following amounts,  in  addi-
    35  tion  to the other penalties herein provided: not less than five hundred
    36  dollars nor more than two thousand five hundred dollars for  each  imme-
    37  diately hazardous violation falsely certified, not less than two hundred
    38  fifty  dollars  nor  more  than  five hundred dollars for each hazardous
    39  violation falsely certified, and not less than fifty  dollars  nor  more
    40  than  two hundred fifty dollars for each non-hazardous violation falsely
    41  certified.
    42    5. Any daily penalty  levied  pursuant  to  subdivision  two  of  this
    43  section  on  a person who is in violation of the uniform fire prevention
    44  and building code and who has failed to comply with an order  to  remedy
    45  such  violation  within the time fixed by the regulations promulgated by
    46  the secretary pursuant to  subdivision  one  of  section  three  hundred
    47  eighty-one  of  this  article  shall be assessed no later than the four-
    48  teenth day of such violation.
    49    § 2. This act shall take effect immediately.
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