What's happening
This bill allows cities and towns to enforce housing maintenance laws through administrative proceedings and penalties, which can be collected like civil judgments.
Why it matters
Strengthens local enforcement. By explicitly allowing administrative proceedings, the bill gives cities and towns more flexible and immediate tools to enforce housing maintenance laws, potentially speeding up the process for addressing code violations and unsafe conditions.
Reduces court burden. Administrative penalties can be imposed and enforced without requiring a court judgment, which could reduce the backlog in civil courts and streamline resolution for both tenants and municipalities.
Increases financial consequences for violations. Penalties assessed through administrative proceedings can be collected like civil judgments or as liens against property or rents, making it harder for property owners to ignore fines and increasing the likelihood of compliance.
Empowers local governments. The bill provides municipalities with the authority to design their own penalty and enforcement systems, tailoring approaches to local needs and potentially leading to more effective housing code enforcement across diverse communities.
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Who cares
Headline styles
Let Cities Fine Bad Landlords
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to housing
- Referred to housing
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Speed Up Housing Law Fines
In Senate Committee · Housing, Construction And Community Development · Sponsor Liz Krueger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3589
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Housing
AN ACT to amend the multiple dwelling law and the multiple residence law, in relation to authorizing administrative imposition of civil penalties in the enforcement of state and local housing maintenance laws
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs a and b of subdivision 4 of section 3 of the multiple dwelling law, as amended by chapter 516 of the laws of 1983, are amended to read as follows:
a. Any city, town or village may make local laws, ordinances, resolutions or regulations not less restrictive than those provided in this chapter and may provide for their enforcement by legal or equitable actions or proceedings, or by administrative proceedings, and prescribe the penalties, sanctions and remedies for violations thereof. In the enforcement and administration of this chapter in a city of three hundred twenty-five thousand or more persons, the penalties, sanctions and remedies enacted by local law may be applied, notwithstanding their inconsistency with this chapter, or the provisions of this chapter.
b. In a city of three hundred twenty-five thousand or more persons, such local laws may authorize such actions or proceedings against the owner, lessee of a whole multiple dwelling, agent or other person having control of such dwelling, and any responsible party, or against the dwelling in rem. Such local laws may further authorize (1) that civil or administratively imposed penalties may be enforced against the person liable therefor, and that in addition to the methods of enforcement for judgments established in the civil practice law and rules, a lien may be imposed against the premises and the rents therefrom; (2) that such civil or administratively imposed penalties may be enforced against the dwelling by the imposition of a lien against the rents therefrom.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05429-01-7
A. 3589 2
§ 2. Paragraph c of subdivision 4 of section 3 of the multiple dwelling law, as amended by chapter 516 of the laws of 1978, is amended to read as follows:
c. Such local laws may also authorize that all liens upon rents, whether authorized by state or local law, may be satisfied without further judicial proceedings by the collection of rents due or to become due; and may further authorize that administratively imposed penalties may be docketed and enforced in the same manner as a judgment in a civil action without further judicial proceedings.
§ 3. Section 304 of the multiple residence law is amended by adding a new subdivision 3 to read as follows:
3. In addition to the penalties imposed in subdivision one of this section, any city, town or village may provide for the enforcement of the provisions of this chapter or of local laws, ordinances, resolutions or regulations promulgated pursuant hereto by administrative proceedings and may authorize administratively imposed penalties which may be docketed and enforced in the same manner as a judgment in a civil action without further judicial proceedings.
§ 4. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to any proceedings commenced on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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