Provides additional enforcement of housing maintenance code violations in the city of New York; requires the department of housing preservation and development to produce a list of owners/landlords with multiple violations; directs HPD to commence proceedings to be appointed as the administrator of buildings with multiple, longstanding violations; provides additional penalties.
STATE OF NEW YORK
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10471
IN ASSEMBLY
May 29, 2024
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zinerman) --
read once and referred to the Committee on Housing
AN ACT to amend the real property actions and proceedings law and the
New York city charter, in relation to enforcement of housing code
violations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 770 of the real property actions and proceedings
2 law is amended by adding a new subdivision 3 to read as follows:
3 3. Where an owner or owner's agent fails to correct or cure twenty or
4 more violations of the housing maintenance code found to exist in any
5 dwelling for a period of more than twelve consecutive months, the
6 commissioner of the department of the city of New York charged with
7 enforcement of the housing maintenance code of such city shall commence
8 a proceeding under this article to be appointed as the administrator of
9 such property.
10 § 2. The opening paragraph of subdivision 1 of section 778 of the real
11 property actions and proceedings law, as amended by chapter 48 of the
12 laws of 2015, is amended to read as follows:
13 The court is authorized and empowered, in implementation of a judgment
14 rendered pursuant to section seven hundred seventy-six or seven hundred
15 seventy-seven of this article, to appoint a person other than the owner,
16 a mortgagee or lienor, to receive and administer the rent moneys or
17 security deposited with such owner, mortgagee or lienor, subject to the
18 court's direction. The court may appoint the commissioner of the
19 department of the city of New York charged with enforcement of the hous-
20 ing maintenance code of such city or the commissioner's designee as such
21 administrator, provided that the commissioner or the commissioner's
22 designee shall consent, in writing, to such appointment. Where such
23 department institutes proceedings under subdivision three of section
24 seven hundred seventy of this article, and the court finds in favor of
25 such petition, the court shall appoint the commissioner or the commis-
26 sioner's designee as the administrator. Any administrator is authorized
27 and empowered in accordance with the direction of the court, to order
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15703-01-4
A. 10471 2
1 the necessary materials, labor and services to remove or remedy the
2 conditions specified in the judgment, and to make disbursements in
3 payment thereof; and to demand, collect and receive the rents from the
4 tenants; and to institute all necessary legal proceedings including, but
5 not limited to, summary proceedings for the removal of any tenant or
6 tenants; and to rent or lease for terms not exceeding three years any
7 part of said premises, however, the court may direct the administrator
8 to rent or lease commercial parts of said premises for terms that the
9 court may approve. In addition, such administrator is authorized and
10 empowered in accordance with the direction of the court to accept and
11 repay such moneys as may be received from the department charged with
12 enforcement of the housing maintenance code of the city of New York for
13 the purpose of managing the premises, replacing or substantially reha-
14 bilitating systems or making other repairs or capital improvements
15 authorized by the court. All moneys expended by the department pursuant
16 to the foregoing shall constitute a debt recoverable from the owner and
17 a lien upon the building and lot, and upon the rents and other income
18 thereof. Such lien shall be enforced in accordance with the provisions
19 of article eight of subchapter five of the housing maintenance code of
20 the city of New York. Such administrator, shall, upon completion of the
21 work prescribed in such judgment, file with the court a full accounting
22 of all receipts and expenditures for such work. Such administrator shall
23 dispose of the rents and other monies deposited with such administrator
24 according to the following order of priority:
25 § 3. The New York city charter is amended by adding a new section
26 1802-a to read as follows:
27 § 1802-a. List of code violations. 1. The department shall establish,
28 regularly update and maintain and make publicly available on its
29 website, a list of the owners and managers of multifamily residential
30 building which:
31 (a) have at least twenty open housing code violations related to
32 health or safety, or more than four violations which have been falsely
33 certified as corrected;
34 (b) have open housing code violations for: failure to provide self-
35 closing public doors or adequate lighting in public areas; lack of post-
36 ed certificates of occupancy; lack of heat, hot water, gas and electric-
37 ity; failure to remove vermin or lead-based paint; cracks in tile
38 floors, broken or defective cabinets, broken or defective sinks, ceiling
39 water leaks, or mold; and
40 (c) do not have a qualified property manager.
41 2. The department shall arrange and produce the list required by this
42 section in an order that reflects building owners or managers with the
43 greatest number of open housing code violations or other formal
44 complaints. Where an owner has more than one building, the number of
45 violations shall be cumulative of all buildings owned.
46 3. The department shall bring motions for contempt and civil penalties
47 for the owner's failure to comply with any existing court orders to
48 correct housing code violations. The department shall commence
49 proceedings to enforce money judgments and any civil penalties agreed to
50 in settlements relating to housing code violations.
51 4. Where a licensee under article twelve-A of the real property law
52 performs the functions of a property manager or places tenants, collects
53 rent, negotiates leases or lists property, on behalf of any landlord or
54 property owner whose properties appear on the list produced pursuant to
55 this section, the real estate board shall suspend the license of such
56 licensee and shall require such licensee to re-take the real estate
A. 10471 3
1 licensing courses required by such article and to re-pass the required
2 examination.
3 5. An owner who fails to correct housing violations within the
4 prescribed statutory periods and who appears on the list for more than
5 twelve consecutive months shall be liable for a fine of ten thousand
6 dollars for each health or safety violation which has not been timely
7 cured.
8 § 4. This act shall take effect on the ninetieth day after it shall
9 have become a law.
