STATE OF NEW YORK
________________________________________________________________________
1270
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Housing
AN ACT to amend the New York city charter, in relation to willful
neglect of real property prevention
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The New York city charter is amended by adding a new
2 section 1807 to read as follows:
3 § 1807. Willful neglect of property prevention. 1. For the purposes
4 of this section "willful neglect" shall mean improper maintenance or
5 lack of maintenance resulting in substantial deterioration of the prop-
6 erty.
7 2. Where there have been three or more good faith complaints, by or on
8 behalf of the tenant, to the department of any health or safety law,
9 regulation, code or ordinance, or any law of regulation which has as its
10 objective the regulation of premises used for dwelling purposes within a
11 period of one hundred twenty days and the conditions have not been reme-
12 died and are not in the process of being remedied the department shall
13 notify the tenants and the department of buildings of the failure to
14 repair.
15 3. Upon the consensus of more than fifty percent of the tenants, an
16 action shall be commenced by the city to compel the person or entity
17 required to maintain the property to undertake repairs and if necessary
18 to cease and desist from removing and destroying structural, mechanical
19 and electrical systems necessary for the delivery of essential services,
20 including appliances, to the tenants.
21 4. If the repairs are not completed or if the removed or destroyed
22 systems have not been replaced within ninety days of the judgment the
23 department shall notify the person or entity required to maintain the
24 property that the city shall place a lien on the property equal to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04622-01-3
A. 1270 2
1 costs of the repairs, improvements, replacement and treatment measures
2 required to remedy the property and the administrative fees.
3 5. The department shall assess and prepare a list of repairs, improve-
4 ments, replacements and treatment measures to be taken by the person or
5 entity required to maintain the property.
6 6. The department shall assign a community based housing development
7 corporation to manage the repairs.
8 7. The repairs shall be financed by personal income tax revenue bonds
9 authorized by the New York state housing finance agency.
10 8. The person or entity required to maintain the property shall be
11 responsible for reimbursing the city for the costs of repairs in addi-
12 tion to interest and penalties and any administrative management fees.
13 9. Should the repairs, improvements or replacements require relocation
14 of the tenant the person or entity required to maintain the property
15 must, at the tenant's option, either relocate the tenant to a comparable
16 housing accommodation in a closely proximate area that is the same or
17 lower rent or compensate the tenant in an amount necessary to cover
18 their costs of relocation for the duration of the repair.
19 10. The department shall create an "imminent danger" list of proper-
20 ties for which more than five complaints have been filed during the
21 course of any given calendar year. Said list shall be available on the
22 department's website.
23 11. This section shall not preempt, reduce or limit any rights or
24 obligations imposed by any state or local laws with respect to property
25 maintenance and a locality's ability to enforce those laws or a tenant's
26 right to be restored to the vacated premises.
27 § 2. This act shall take effect immediately.
