BILL NUMBER: S3819B
SPONSOR: RIVERA
TITLE OF BILL:
An act to amend the executive law, in relation to imposing certain
penalties related to violations of building and fire code standards
within fourteen days and increasing certain fines for violations of
housing standards
PURPOSE:
This bill imposes certain penalties related to violations of building
and fire code standards within fourteen days for violations and increas-
ing certain fines for violations of housing standards.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 2 of section 382 of the Executive Law, as
it relates to remedies under the NYS Uniform Fire Prevention and Build-
ing Code Act, to provide dollar amounts due for each type of violation
or false certification of correction of a violation and provides that
any daily penalty levied on a person in violation of the uniform fire
prevention and building code who has not complied with an order to reme-
dy the violation shall be assessed within fourteen days of the
violation.
Section 2 sets the effective date.
JUSTIFICATION:
The current penalties for violating housing standards were codified in
1987 and continue to be no more than $150 for the lowest violation and
no more than $1,000 for the highest violation. The most severe penalty
is for a person making a false certification of correction of an imme-
diately hazardous violation, for which the penalty would be between $500
to $1000. In order to strengthen enforcement, it is appropriate that
these antiquated penalties be increased to accommodate for inflation and
the increased cost of living so that property owners are better incen-
tivized to upgrade fire safety measures in their buildings.
This bill was introduced in response to the devastating fire at Twin
Parks North West in the Bronx. On the morning of January 9, 2022, a
high-rise fire killed 17 people, including eight children, at the Twin
Parks North West Site 4 apartment building in the New York City borough
of the Bronx. This tragedy demonstrated the need to enhance safety stan-
dards so property owners maintain their buildings and help to prevent
residential fires. The amended version expands from New York City to
the rest of the State after conversations with members and local offi-
cials in other municipalities that have faced similar situations.
LEGISLATIVE HISTORY:
2022: S8795-A / A9163-A Fernandez
2023-2024: S2196-B / No Same As
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Effective Immediately.
Statutes affected: S3819: 382 executive law, 382(2) executive law, 27-2115 administrative code of the city of New York as amended by local law
S3819A: 382 executive law, 382(2) executive law, 27-2115 administrative code of the city of New York as amended by local law
S3819B: 382 executive law, 382(2) executive law