What's happening
This bill increases penalties and creates stricter enforcement for building code violations that pose imminent threats to occupant safety.
Why it matters
Targets the most dangerous violations. By distinguishing “imminent threats” to occupant safety from lesser violations, the bill prioritizes swift and severe penalties for the most hazardous code breaches, aiming to deter especially egregious offenses that could result in injury or death.
Escalating penalties for repeat offenders. The legislation introduces a tiered penalty system, with mandatory minimum fines and increasing maximum fines for second and third violations related to any imminently dangerous conditions, creating a strong disincentive for chronic non-compliance by property owners.
Empowers local authorities to act decisively. By clarifying local government powers to issue orders and enforce stricter remedies, the bill gives municipalities more leverage to compel prompt corrections and, if necessary, pursue removal or abatement of unsafe buildings through the courts.
Protects tenants and the public. The focus on “imminent threats” specifically addresses situations where lives may be at risk, aiming to prevent tragedies linked to neglected building maintenance or fire code violations, and signaling increased accountability for landlords and property managers.
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Who cares
Headline styles
Increase Fire Code Penalties
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 50–10
- Ordered to third reading cal.391
- Reported and committed to rules
- Referred to housing, construction and community development
- Referred to housing, construction and community development
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 Fines for Unsafe Buildings
In Assembly Committee · Governmental Operations · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4938
2019-2020 Regular Sessions
IN SENATE
April 1, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
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, or fire protection equipment and systems, shall be punishable by a fine
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01593-01-9
S. 4938 2
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.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to expanding remedies for violations of New York state uniform fire prevention and building code
Purpose
This bill increases fines for building code violations which creates an immediate threat to the safety and welfare of the building occupants.
Summary of provisions
Section 1. Amends section 382 of the executive law as it relates to increasing the penalties for building code violations when the condition is deemed an imminent threat to the safety and welfare of the building's occupants by the local government. The bill provides for graduated penalties for repeat offenders. A first time violation carries a fine of no less than one thousand dollars and no more than five thousand dollars. A second violation will carry a fine of no less than five thou- sand dollars and no more than ten thousand dollars. Finally, a third violation will result in a fine that is no less than ten thousand dollars per day of violation or imprisonment not exceeding one year or both.
Section 2. Effective date.
Justification
The current law allows for a wide range of discretion in handing down penalties for failure to correct building code violations. The penalty structure allows for judicial flexibility in order to encourage compli- ance and avoid large fines. Unfortunately, some violations involve false walls, blocked exits and other circumstances that create an immediate threat to the safety of the occupants and emergency responders. These violations must be taken more seriously in order to deter this conduct. This bill will implement minimum fines for violations that put lives in danger and will make property owners more accountable.
Legislative history
2017-18: S774/A1490 - HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT/gov't operations 2015-16: S1189/A2865 - Housing, Construction & Community Development/Government Operations 2014: S7328/A9123 - Housing, Construction & Community Development/Government Operations
Fiscal implications
Possible increase in revenue to the state.
Effective date
This act shall take effect on the first of January next succeeding the date of which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.