NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2153
SPONSOR: Rosenthal L TITLE OF BILL:
An act to repeal certain provisions of the New York city charter relat-
ing to the eight year limitation on the effectiveness of judgments of
the environmental control board
PURPOSE OR GENERAL IDEA OF BILL:
To repeal the eight-year limitation on judgments made by the Environ-
mental Control Board.
SUMMARY OF PROVISIONS:
Section 1 subparagraph (i) of paragraph 1 of subdivision d of section
1049-a of the New York city charter.
Section 2 states the effective date.
JUSTIFICATION:
The New York City Environmental Control Board has jurisdiction over a
number of rules and regulations related to protecting the public's
health and safety and ensuring it has a clean environment. This can
include violations such as dirty sidewalks, lack of sufficient refriger-
ation in restaurants, and completing construction activities at imper-
missible days or times. However, it also includes violations on build-
ings including illegal conversions and lack of sufficient
heating/cooling. Currently, the law states that a judgment made by the
Board pursuant to these issues is in effect for only eight years, after
which the individual is no longer responsible for the fine or other
judgment. This means that there is no holding these people accountable
for failing to meet quality of life standards for renters, tenants, and
consumers.
It is well known that it is a struggle for many to find safe and habita-
ble living conditions and allowing individuals to skirt their responsi-
bilities to keep their properties up to code is unacceptable. New York-
ers should have as much protection as possible and bad faith actors
should be held accountable. This bill repeals the relevant subsection,
removing the statute of limitations on judgments by the Board so that
negligent property owners and other individuals are forced to correct
health and safety violations that remain after eight years.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.10710 - Referred to Cities; S.9519 - Referred to Rules
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2153
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Cities
AN ACT to repeal certain provisions of the New York city charter relat-
ing to the eight year limitation on the effectiveness of judgments of
the environmental control board
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph 1 of subdivision d of section
2 1049-a of the New York city charter is REPEALED.
3 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02281-01-3
