A08404 Summary:
| BILL NO | A08404A |
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| SAME AS | No Same As |
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| SPONSOR | Lucas |
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| COSPNSR | |
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| MLTSPNSR | |
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| Amd §382, Exec L | |
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| 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. | |
A08404 Text:
Go to topSTATE 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 imprisonment19not exceeding one year, or both for the first one hundred eighty days,20and for the following one hundred eighty days shall be punishable by aEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07999-05-6A. 8404--A 2 1fine of no less than twenty-five dollars and not more than one thousand2dollars per day of violation or imprisonment not exceeding one year, or3both and thereafter shall be punishable by a fine of no less than fifty4dollars and not more than one thousand dollars per day of violation or5imprisonment 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.