NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A362A
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the executive law, in relation to penalties for code
violations
PURPOSE OR GENERAL IDEA OF BILL:
Relates to minimum standards for code enforcement personnel.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 381 of the executive law as it
relates to imposing a minimum fine of twenty five dollars per day 180
days that a violation went uncured and failed to comply with an order of
remedy, and fifty dollars per day for any violation after 360 days from
which it has gone uncured.
Section two of the bill relates to the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The bill creates a graduated minimum fine structure that provides for an
appropriate amount of time to cure the violation.
JUSTIFICATION:
The lack of prioritization of code enforcement in municipalities across
the State is significantly contributing to the culture of poor compli-
ance that ultimately endangers the lives of residents and first respon-
ders.
When municipalities fail to impose meaningful penalties to 'deter code
violations, owners view the fines imposed as the cost of doing business.
Imposing more significant penalties, particularly for individuals that
repeatedly violate the Uniform Code, will provide meaningful recourse
preventing this behavior in the future.
PRIOR LEGISLATIVE HISTORY:
A9633A of 2020
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
362--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to penalties for code
violations
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 135 of the laws of 1997, is amended to read as
3 follows:
4 2. Any person, having been served, either personally or by registered
5 or certified mail, with an order to remedy any condition found to exist
6 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 imprisonment not
19 exceeding one year, or both for the first one hundred eighty days, and
20 for the following one hundred eighty days shall be punishable by a fine
21 of no less than twenty-five dollars and not more than one thousand
22 dollars per day of violation or imprisonment not exceeding one year, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04195-02-1
A. 362--A 2
1 both and thereafter shall be punishable by a fine of no less than fifty
2 dollars and not more than one thousand dollars per day of violation or
3 imprisonment not exceeding one year, or both.
4 § 2. This act shall take effect on the one hundred twentieth day after
5 it shall have become a law. Effective immediately, the addition, amend-
6 ment and/or repeal of any rule or regulation necessary for the implemen-
7 tation of this act on its effective date are authorized to be made and
8 completed on or before such effective date.
