BILL NUMBER: S4108
SPONSOR: COMRIE
TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to demolition costs of residential property
PURPOSE:
To ensure that homeowners who are the victim of arson are not subject to
profiteering charges for the cost of demolition, or any subsequent tax
liens.
SUMMARY OF PROVISIONS:
Amends Section 11-301 of the Administrative Code to ensure that homeown-
ers who are the victim of arson are riot subject to profiteering charges
for the cost of demolition, or any subsequent tax liens.
Furthermore, provides that when a residential house is demolished by the
City pursuant to a fire, the primary cause of which is arson by an indi-
vidual other than the legal owner or current occupants, the owner of the
demolished house shall only be billed for the actual costs of demolition
and, such costs shall be capped at no more than 25% of the total insur-
ance settlement reached between the owner and their insurance carrier.
In addition, no 1, 2, or 3 family home subject to the above conditions
may be placed on the NYC lien sale list for a period of ten'iyears. In
addition, any 1, 2 or 3 family home placed on the lien list in the last
twenty years pursuant to the above conditions, shall have a 10 year
period to cure any back taxes or present liens, and all interest shall
be waived.
JUSTIFICATION:
Sadly, a number of cases have accrued wherein victims of arson have been
charged outrageous amounts by New York City for the necessary demolition
of smoldered structures. In some cases, the insurance policy of the
arson victim does not cover these charges as part of the cost of build-
ing the home back. In these limited number of circumstances, the City
should not submit bills to the arson victim for tens of thousands of
dollars. This bill sets a moderate cap on what may be charged and also
ensures that an arson victim's home shall not be subject to a lien sale
for a considerable amount of time.
LEGISLATIVE HISTORY:
2023-2024: S2592 Comrie/ A6074 Hyndman
2021-22: S.4181
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
Statutes affected: S4108: 11-301 administrative code of the city of New York as amended by local law