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S10088 Summary:

BILL NOS10088
 
SAME ASNo Same As
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Amd §918, County L; ren §§26-3001 - 26-3020 to be §§26-3301 - 26-3320, amd §26-3309, NYC Ad Cd
 
Relates to the docketing of judgments imposing civil penalties for the violation of certain requirements imposed by the zoning resolution of the city of New York; makes other technical changes.
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S10088 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10088
 
                    IN SENATE
 
                                     April 27, 2026
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development
 
        AN  ACT  to amend the county law and the administrative code of the city
          of New York, in relation to the docketing of judgments imposing  civil
          penalties  for  the  violation  of certain requirements imposed by the
          zoning resolution of 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. Subdivision 4 of section 918 of the county law, as amended
     2  by section 12 of part G of chapter 55 of the laws of 2024, is amended to
     3  read as follows:
     4    4. Any other laws to the contrary notwithstanding, the county clerk in
     5  each of the counties within the city  of  New  York  is  authorized  and
     6  empowered  to  maintain  separate judgment docket volumes containing the
     7  printed transcript or transcripts, in strict alphabetical order of judg-
     8  ment made, entered and docketed in the civil court of the  city  of  New
     9  York  against individuals, corporations, and other entities on behalf of
    10  the parking violations bureau, the environmental control board, the taxi
    11  and  limousine  commission,  the  department  of  consumer  and   worker
    12  protection, the office of administrative trials and hearings when acting
    13  in  accordance  with  subdivision c of section 7-551 or subdivision b of
    14  section 26-3309 of the administrative code of the city of New  York  and
    15  the  commissioner  of  jurors of the city of New York, provided that the
    16  judgments made, entered and docketed in the civil court of the  city  of
    17  New York against individuals, corporations, and other entities on behalf
    18  of  the department of consumer and worker protection shall be limited to
    19  final decisions and orders that either (a) award restitution,  or  mone-
    20  tary damages, to a consumer or worker; or (b) award such restitution, or
    21  monetary damages, to a consumer or worker, together with civil penalties
    22  or  equitable  relief.    These volumes may be maintained in the form of
    23  computer print outs which shall contain the date of judgment,  the  name
    24  and  address  of the judgment debtor or debtors, the amount of the judg-
    25  ment and other information which the county clerk may deem necessary  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15632-01-6

        S. 10088                            2
 
     1  sufficiently  describe the parties to the action or proceeding or nature
     2  or the manner of the entry of the judgment. The county clerk  may,  [in]
     3  in such clerk's discretion, in lieu of such volumes, maintain the afore-
     4  mentioned  data  in  a micrographic or computer retrievable format. With
     5  respect to judgments on behalf of the  parking  violations  bureau  such
     6  volumes or other format shall be maintained pursuant to this subdivision
     7  for  only  those  individuals,  corporations,  and other entities having
     8  vehicles registered in the counties within the city of New York.
     9    § 2. Sections 26-3001, 26-3002, 26-3003,  26-3004,  26-3005,  26-3006,
    10  26-3007,  26-3008, 26-3009, 26-3010, 26-3011, 26-3012, 26-3013, 26-3014,
    11  26-3015, 26-3016, 26-3017, 26-3018, 26-3019 and 26-3020 of the  adminis-
    12  trative code of the city of New York, as added by local law number 45 of
    13  the city of New York for the year 2022, are renumbered sections 26-3301,
    14  26-3302,  26-3303, 26-3304, 26-3305, 26-3306, 26-3307, 26-3308, 26-3309,
    15  26-3310, 26-3311, 26-3312, 26-3313, 26-3314, 26-3315, 26-3316,  26-3317,
    16  26-3318, 26-3319 and 26-3320, respectively.
    17    §  3.  Section  26-3309  of the administrative code of the city of New
    18  York, as added by local law number 45 of the city of New  York  for  the
    19  year  2022 and such section as renumbered by section two of this act, is
    20  amended to read as follows:
    21    § 26-3309 Enforcement of  civil  penalty.  a.  The  owner,  architect,
    22  builder,  contractor,  engineer  or  any  other person who maintains any
    23  building, or who erects, constructs, alters,  extends,  occupies,  uses,
    24  operates, rents or sells any building or affordable housing unit subject
    25  to  applicable  affordable housing provisions, or assists or causes same
    26  to be done, in conflict with or in violation of any of such  provisions,
    27  or who fails to comply with an order of the commissioner or violates any
    28  order  of  the  commissioner  issued  pursuant to this chapter, shall be
    29  liable for a civil penalty that may be recovered in a proceeding  before
    30  an  administrative  tribunal  within  the  jurisdiction of the office of
    31  administrative trials and hearings or before a court of competent juris-
    32  diction.
    33    b. Any final decision or order of an administrative tribunal or  divi-
    34  sion  of  the  office  of  administrative trials and hearings imposing a
    35  civil penalty pursuant to subdivision a of  this  section,  whether  the
    36  adjudication  was  had  by  hearing  or upon default or otherwise, shall
    37  constitute a judgment which may be entered by such office in  the  civil
    38  court  of the city of New York or any other place provided for the entry
    39  of civil judgments within the state, and may be enforced  without  court
    40  proceedings  in  the  same  manner as the enforcement of money judgments
    41  entered in civil actions; provided, however, that no such judgment shall
    42  be entered which exceeds the sum of twenty-five  thousand  dollars,  and
    43  that  the  terms  and  limitations  applicable  to entry of final orders
    44  imposing penalties pursuant to section one thousand forty-nine-a of  the
    45  New  York  city  charter  shall  apply to entry of final orders imposing
    46  penalties pursuant to this section; provided further, that  subparagraph
    47  (a) of paragraph two of subdivision d of such section may be utilized in
    48  connection  with  service  of civil summonses notwithstanding any incon-
    49  sistent provision of such clause; and provided still further, that  such
    50  terms and limitations shall not be deemed conditions upon the service or
    51  enforcement  of  civil  summonses  other than as a condition of entry as
    52  judgments pursuant to this subdivision.
    53    § 4. This act shall take effect immediately and shall apply to actions
    54  and proceedings for the enforcement of section 26-3309 of  the  adminis-
    55  trative  code  of  the  city of New York, as amended by section three of
    56  this act, commenced on or after such date.
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