What's happening
This bill allows the NYC Department of Buildings to refuse filings from professionals found guilty of falsifying documents and updates verification requirements.
Why it matters
Expands accountability to licensed professionals. The bill empowers the NYC Department of Buildings (DOB) to refuse filings not just from unlicensed individuals found guilty of falsifying documents, but also from licensed architects, engineers, and landscape architects who have been disciplined for similar misconduct under state procedures. This closes a loophole that previously excluded certain licensed professionals from such sanctions.
Enhances verification of professional credentials. The DOB must now verify not only that a filer is properly licensed, but also that their address and contact information match official records with the NY State Department of Education. This measure aims to prevent impersonation or use of outdated credentials, increasing the integrity of building-related filings.
Clarifies and updates DOB authority. The legislation removes older, more limited language about sanctioning professionals and directly links DOB’s authority to broader, currently authorized city code provisions. This removes ambiguity about the DOB's ability to set rules and enforce discipline, potentially leading to stronger oversight and deterrents for document falsification.
Protects public safety and trust. By tightening controls on who can submit official documents and imposing real consequences for dishonesty, the bill seeks to ensure only trustworthy professionals are involved in construction and building safety processes, benefiting both property owners and the wider public.
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Who cares
Headline styles
Crack Down on False Filings
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1436
- Print number 4328a
- Amend (t) and recommit to cities
- Referred to cities
- Returned to senate
- Died in assembly
- Referred to cities
- Delivered to assembly
- Passed senateVote 47–15
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.485
- Referred to cities
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.
Crack Down on Building Lies
In Assembly Committee · Cities · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4328--A
2017-2018 Regular Sessions
IN SENATE
February 9, 2017
Introduced by Sens. LANZA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -recommitted to the Committee on Cities in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the administrative code of the city of New York and chapter 542 of the laws of 2007, amending the administrative code of the city of New York and the education law relating to filings by persons who have negligently or knowingly made false statements in documents submitted to the department of buildings of the city of New York, in relation to false statements made to the department of buildings of the city of New York
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 28-211.1.2 of the administrative code of the city of New York, as added by local law number 8 of the city of New York for the year 2008, is amended to read as follows:
§ 28-211.1.2 Additional penalty for false statements. In addition to any other penalty provided by law, the commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a requirement of this code or of a rule of any agency promulgated thereunder that bears the signature of a person, other than a person licensed pursuant to articles one hundred forty-five, one hundred forty-seven or one hundred forty-eight of the education law, who has been found, after a hearing at the office of administrative trials and hearings pursuant to the department's rules, to have knowingly or negligently made a false statement or to have knowingly or negligently falsified or allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction of a violation required under the provisions of this code or of a rule of any agency promulgated thereunder. In addition to any other penalty provided by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00460-05-8
S. 4328--A 2
law, the commissioner may refuse to accept an application or other document submitted pursuant to or in satisfaction of a requirement of this code or of a rule of any agency promulgated thereunder that bears the signature of a person licensed pursuant to articles one hundred fortyfive, one hundred forty-seven or one hundred forty-eight of the education law, who has been found, under the disciplinary procedures prescribed in section sixty-five hundred ten of the education law, to have knowingly or negligently falsified or allowed to be falsified any certificate, form, signed statement, application, report or certification or the correction of a violation required under the provisions of this code or of a rule of any agency promulgated thereunder.
§ 2. Section 28-104.6.1 of the administrative code of the city of New York, as amended by section 10 of part A of local law number 141 of the city of New York for the year 2013, is amended to read as follows:
§ 28-104.6.1 Verification of professional qualification required. The department shall not accept construction documents or other documents submitted in connection with applications for construction document approval or work permits under this code by any person representing that he or she is a registered design professional or landscape architect without verifying, by means of lists compiled and made available by the New York state department of education pursuant to paragraph e-1 of subdivision four of section sixty-five hundred seven of the education law, that such person meets the qualifications established by law to practice as an architect or engineer in New York state, and that the address and contact information for such person provided on the application form matches the address and contact information on file with the New York state department of education.
§ 3. Section 4 of chapter 542 of the laws of 2007, amending the administrative code of the city of New York and the education law relating to filings by persons who have negligently or knowingly made false statements in documents submitted to the department of buildings of the city of New York, is amended to read as follows:
§ 4. Nothing set forth in this act shall be construed to limit the power of the New York city commissioner of buildings to adopt rules, consistent with state and local law, that set forth additional grounds for limitation of the filing privileges [of or otherwise sanctioning architects and professional engineers who have been determined after a hearing to have knowingly or negligently submitted applications, plans or other documents to the New York city department of buildings that contained false information or were not in compliance with all applicable provisions of law or who have otherwise demonstrated incompetence or a lack of knowledge of applicable law or standards] authorized pursuant to section 28-104.2.1 of the administrative code of the city of New York.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the administrative code of the city of New York and chapter 542 of the laws of 2007, amending the administra- tive code of the city of New York and the education law relating to filings by persons who have negligently or knowingly made false state- ments in documents submitted to the department of buildings of the city of New York, in relation to false statements made to the department of buildings of the city of New York
Purpose
To amend sections contained in Chapter 542 of the Laws of 2007, restor- ing procedural and due process rights afforded to licensed design professionals under the education law, while continuing to authorize the application of additional penalties by the city of New York for licen- sees who have been found guilty by the State Board of Regents of filing a false document.
Summary of specific provisions
Section 1 amends section 28-211.1.2 of the administrative code of the city of New York, to require the use of procedures prescribed in section 6510 of the education law prior to the assessment of additional filing penalties.
Section 2 amends section 28-104.6.1 of the administrative code of the city of New York, to require the New York City Department of Buildings to verify that an applicant's information matches records on file with the State Education Department.
Section 3 amends section 4 of chapter 542 of the laws of 2007, to reaf- firm the New York City Department of Buildings' authority to regulate and enforce the Professional Certification Program.
Section 4 sets forth the effective date.
Justification
This bill would amend certain sections of law which were created under Chapter 542 of the Laws of 2007, to ensure that New York State licensed architects, engineers and other licensed design professionals practicing in New York City are not subject to a disciplinary process that differs from the process utilized by the State Education Department.
The New York City Administrative Code Section 28-211.1.2 permits the New York City Department of Buildings to conduct an administrative hearing to determine whether an architect "knowingly or negligently" made a false statement. If an architect is found by the Department of Buildings to have "knowingly or negligently" made a false statement, the Depart- ment of Buildings may refuse to accept any documents from the architect, thereby restricting the architect's ability to practice in New York City. The process utilized by the Department of Buildings eliminates the procedural rights that licensed professionals, including licensed archi- tects, have under the Education Law, which includes a review of the allegations by a member of the licensed profession. The OATH hearing set forth in New York City Administrative Code Section 28-211.1.2 does not provide for peer review, and allows the Commissioner of the New York City Department of Buildings sole discretion to determine whether an architect should be prevented from practicing within a certain jurisdic- tion of the State of New York (New York City), with inadequate means of appeal.
This bill would continue to allow the Commissioner of the New York City Department of Buildings to refuse an application from an architect or engineer, if the State Education Department finds the licensee guilty of filing a false document.
Prior legislative history
2017: S.4328-Passed Senate/A.4363-Referred to Cities 2016: S.3315-Referred to Cities/A.6747-Referred to Cities 2014: S.5525-Passed Senate/A.8491 Referred to Rules
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.