A 8404: Requires that any penalties for violations of housing standards or building and fire codes be assessed and imposed within fourteen days; increases certain fine amounts for violations of housing standards.

  
  STATE OF NEW YORK ________________________________________________________________________ 8404 2025-2026 Regular Sessions  IN ASSEMBLY May 13, 2025 ___________ Introduced by M. of A. LUCAS -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the administrative code of the city of New York, 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 382 of the executive law, as 2 amended by chapter 571 of the laws of 2021, is amended and a new subdi- 3 vision 5 is added to read as follows: 4 2. a. Any person, having been served, either personally or by regis- 5 tered or certified mail, with an order to remedy any condition found to 6 exist in, on, or about any building in violation of the uniform fire 7 prevention and building code, who shall fail to comply with such order 8 within the time fixed by the regulations promulgated by the secretary 9 pursuant to subdivision one of section three hundred eighty-one of this 10 article, such time period to be stated in the order, and any owner, 11 builder, architect, tenant, contractor, subcontractor, construction 12 superintendent or their agents or any other person taking part or 13 assisting in the construction of any building who shall knowingly 14 violate any of the applicable provisions of the uniform code or any 15 lawful order of a local government, a county or the secretary made ther- 16 eunder regarding standards for construction, maintenance, or fire 17 protection equipment and systems, shall be punishable by a fine of not 18 [more than one thousand dollars per day of violation, or imprisonment 19 not exceeding one year, or both for the first one hundred eighty days, 20 and for the following one hundred eighty days shall be punishable by a 21 fine of no less than twenty-five dollars and not more than one thousand 22 dollars per day of violation or imprisonment not exceeding one year, or 23 both and thereafter shall be punishable by a fine of no less than fifty EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07999-03-5 
 A. 8404 2 1 dollars and not more than one thousand dollars per day of violation or 2 imprisonment not exceeding one year, or both] less than twenty-five 3 dollars nor more than one hundred fifty dollars for each non-hazardous 4 violation in a multiple dwelling containing ten or fewer dwelling units. 5 b. For each hazardous violation occurring in a multiple dwelling 6 containing ten or fewer dwelling units, a penalty of not less than fifty 7 dollars nor more than five hundred dollars per day shall be imposed from 8 the date set for correction in the notice of violation until the 9 violation is corrected. 10 c. For each immediately hazardous violation occurring in a multiple 11 dwelling containing ten or fewer dwelling units, a penalty of not less 12 than two hundred fifty dollars per day shall be imposed from the date 13 set for correction in the notice of violation until the violation is 14 corrected. 15 d. For each non-hazardous violation occurring in a multiple dwelling 16 containing more than ten dwelling units, a penalty of not less than one 17 hundred dollars nor more than one thousand five hundred dollars shall be 18 imposed from the date set for correction in the notice of violation 19 until the violation is corrected. 20 e. For each hazardous violation occurring in a multiple dwelling 21 containing more than ten dwelling units, a penalty not less than one 22 hundred fifty dollars nor more than two thousand dollars per day shall 23 be imposed from the date set for correction in the notice of violation 24 until the violation is corrected. 25 f. For each immediately hazardous violation occurring in a multiple 26 dwelling containing more than ten dwelling units, a penalty of not less 27 than five hundred dollars per day for each violation, from the date set 28 for correction in the notice of violation until the violation is 29 corrected, or imprisonment not exceeding one year, or both. 30 g. A person making a false certification of correction of a violation 31 shall be subject to a civil penalty in the following amounts, in addi- 32 tion to the other penalties herein provided: not less than five hundred 33 dollars nor more than two thousand five hundred dollars for each imme- 34 diately hazardous violation falsely certified, not less than two hundred 35 fifty dollars nor more than five hundred dollars for each hazardous 36 violation falsely certified, and not less than fifty dollars nor more 37 than two hundred fifty dollars for each non-hazardous violation falsely 38 certified. 39 5. Any daily penalty levied pursuant to subdivision two of this 40 section on a person who is in violation of the uniform fire prevention 41 and building code and who has failed to comply with an order to remedy 42 such violation within the time fixed by the regulations promulgated by 43 the secretary pursuant to subdivision one of section three hundred 44 eighty-one of this article shall be assessed no later than the four- 45 teenth day of such violation. 46 § 2. Subdivision (a) of section 27-2115 of the administrative code of 47 the city of New York, as amended by local law number 71 of the city of 48 New York for the year 2023, is amended to read as follows: 49 (a) In addition to any other penalty authorized by this chapter, a 50 person who violates any law relating to housing standards shall be 51 subject to a civil penalty as follows: 52 (1) For each non-hazardous violation, not less than fifty dollars nor 53 more than one hundred fifty dollars, and, in addition, from the date set 54 for correction in the notice of violation until the violation is 55 corrected, twenty-five dollars per day; 
 A. 8404 3 1 (2) For each hazardous violation, not less than seventy-five dollars 2 nor more than five hundred dollars, and, in addition, from the date set 3 for correction in the notice of violation until the violation is 4 corrected, not less than twenty-five dollars nor more than one hundred 5 twenty-five dollars per day; and 6 (3) For each immediately hazardous violation: 7 (i) In a multiple dwelling containing [five] ten or fewer dwelling 8 units, not less than one hundred fifty dollars nor more than seven 9 hundred fifty dollars, and, in addition, from the date set for 10 correction in the notice of violation until the violation is corrected, 11 not less than fifty dollars nor more than one hundred fifty dollars per 12 day; and 13 (ii) In a multiple dwelling containing more than [five] ten dwelling 14 units, not less than one hundred fifty dollars nor more than one thou- 15 sand two hundred dollars, and, in addition, from the date set for 16 correction in the notice of violation until the violation is corrected, 17 not less than one hundred fifty dollars nor more than one thousand two 18 hundred dollars per day. 19 (4) Provided, however, that in addition to the other penalties herein 20 provided, a person who makes a false certification of correction of a 21 violation shall be subject to a civil penalty as follows: 22 (i) For each non-hazardous violation falsely certified, not less than 23 fifty dollars nor more than two hundred fifty dollars; 24 (ii) For each hazardous violation falsely certified, not less than two 25 hundred fifty dollars nor more than five hundred dollars; and 26 (iii) For each immediately hazardous violation falsely certified, not 27 less than five hundred dollars nor more than one thousand dollars. 28 § 3. This act shall take effect immediately.