BILL NUMBER: S4165
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the executive law, in relation to increasing the state
code enforcement powers of the secretary of state
 
PURPOSE:
To increase the state code enforcement powers of the secretary of the
state.
 
SUMMARY OF PROVISIONS:
Section one of the bill requires the department of state to create a
standard for the adequate number of code enforcement staff required to
meet the needs of a locality by looking at certain factors, including
population and geographic area. Section two of the bill authorizes the
secretary of state to place an oversight official within a local govern-
ment to monitor the local government's compliance with minimum standards
for the administration and enforcement of the uniform code. Section
three of the bill creates the Office of State Code Enforcement Ombud-
sperson to resolve complaints related to local code enforcement
programs.
 
JUSTIFICATION:
On August 5, 2019, the Committees on Investigation and Government Oper-
ations and Housing, Construction, and Community Development released a
report on code enforcement in New York State. The investigation
concluded that the lack of prioritization of code enforcement in munici-
palities across the state is significantly contributing to the culture
of poor compliance that ultimately endangers the lives of residents and
first responders. The report recommended establishing measures to
increase the required number of code enforcement personnel serving local
communities, to allow the secretary of state to implement an oversight
official within a local code enforcement program to ensure compliance,
and to increase opportunities for the secretary of the state to deter-
mine whether a locality should continue to conduct its own code enforce-
ment. The provisions of the bill effectuate these recommendations.
 
LEGISLATIVE. HISTORY:
2021-22: Passed Senate
2023-24: Reported and Committed to Finance
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
On the one hundred eightieth day after becoming a law, with provisions.

Statutes affected:
S4165: 381 executive law, 381(4) executive law