What's happening
This bill increases penalties for violations of fire and building codes, especially for conditions posing imminent threats to occupants' safety.
Why it matters
Significantly increases financial consequences for repeated or severe violations. The bill institutes a tiered penalty system, meaning repeat offenders or those whose violations create imminent threats will face much higher fines, starting at a minimum of $1,000 up to $10,000 per day for third offenses, making non-compliance much more costly.
Makes code enforcement more enforceable and urgent. By clearly distinguishing between routine violations and those that pose an "imminent threat" to safety, the law empowers local governments to act more decisively and levy stronger penalties when lives are at risk.
Targets landlords and property owners with a history of dangerous conditions. The escalating penalty structure directly addresses chronic neglect by owners, increasing penalties for each subsequent serious violation, thus deterring repeat offenses that endanger tenants or building occupants.
Enables swifter legal remedies for unsafe buildings. The bill explicitly allows courts to order the removal or abatement of hazardous buildings, granting more tools for officials and affected residents to force action when dangerous conditions are not promptly remedied.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Increase Fines for Unsafe Buildings
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
3 Multi-sponsors
History
- Referred to governmental operations
- Referred to governmental operations
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.
Increase Fire Code Penalties
In Assembly Committee · Governmental Operations · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2128
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. ZEBROWSKI, JAFFEE, O'DONNELL, STECK, GOTTFRIED, COOK, GALEF, THIELE, PAULIN, HUNTER -- Multi-Sponsored by -- M. of A. ARROYO, DINOWITZ, RIVERA -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to expanding remedies for violations of New York state uniform fire prevention and building code
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 382 of the executive law, as added by chapter 707 of the laws of 1981, subdivision 2 as amended by chapter 135 of the laws of 1997, is amended to read as follows:
§ 382. Remedies. 1. In addition to and not in limitation of any power otherwise granted by law, every local government and its authorized agents shall have the power to order in writing the remedying of any condition found to exist in, on or about any building in violation of the uniform fire prevention and building code and to issue appearance tickets for violations of the uniform code.
2. Any person, having been served, either personally or by registered or certified mail, with an order to remedy any condition, other than a condition that is deemed an imminent threat to the safety and welfare of the building's occupants, found to exist in, on, or about any building in violation of the uniform fire prevention and building code, who shall fail to comply with such order within the time fixed by the regulations promulgated by the secretary pursuant to subdivision one of section three hundred eighty-one of this article, such time period to be stated in the order, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction of any building who shall knowingly violate any of the applicable provisions of the uniform code or any lawful order of a local government, a county or the secretary made thereunder regarding standards for construction, maintenance,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01593-01-9
A. 2128 2
or fire protection equipment and systems, shall be punishable by a fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year, or both.
3. Any person, having been served, either personally or by registered or certified mail, with an order to remedy a condition that is an imminent threat to the safety and welfare of the building's occupants as determined by the local government and its authorized agents, found to exist in, on, or about any building in violation of the uniform fire prevention and building code, who shall fail to comply with such order within the time fixed by the regulations promulgated by the secretary pursuant to subdivision one of section three hundred eighty-one of this article, such time period to be stated in the order, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction of any building who shall knowingly violate any of the applicable provisions of the uniform code or any lawful order of a local government, a county or the secretary made thereunder regarding standards for construction, maintenance, or fire protection equipment and systems, shall be punishable by a fine of no less than one thousand dollars and no more than five thousand dollars per day of violation or imprisonment not exceeding one year, or both, for the first occurrence of a violation for any building owned by such person. A person's second violation related to any property owned by such person for a condition that is deemed an imminent threat to the safety and welfare of the building's occupants, shall be punishable by a fine no less than five thousand dollars and no more than ten thousand dollars per day of violation or imprisonment not exceeding one year, or both. A person's third violation related to any property owned by such person for a condition that is deemed an imminent threat to the safety and welfare of the building's occupants, shall be punishable by a fine no less than ten thousand dollars per day of violation or imprisonment not exceeding one year, or both.
4. Where the construction or use of a building is in violation of any provision of the uniform code or any lawful order obtained thereunder, a justice of the supreme court at a special term in the judicial district in which the building is located, may order the removal of the building or an abatement of the condition in violation of such provisions. An application for such relief may be made by the secretary, an appropriate municipal officer, or any other person aggrieved by the violation.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.