Requires that when a complaint is made to local code enforcement of a violation of the uniform fire prevention and building code or a local code which results in the issuance of a compliance order, the complainant shall also be provided a copy of such order.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3126B
SPONSOR: Lunsford TITLE OF BILL:
An act to amend the executive law, in relation to requiring that when a
complaint is made to local code enforcement of a violation of the
uniform fire prevention and building code or local building codes which
results in the issuance of a compliance order, the complainant shall
also be provided a copy of such order
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require that in the event a complaint is
made to local code enforcement, which results in the issuance of a
compliance order, then the complainant shall also be provided a copy of
such order.
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph (h) and (i) of section 381 of the Executive
Law and adds new paragraph j to require that if a complaint about a
building leads to an official order to fix a code violation, a copy of
that order must be given to the person who made the complaint either in
person or by registered or certified mail
Section 2: Amends paragraph (i) and (j) of subdivision 1 of section
381(1) of the Executive Law and adds paragraph k to require an annual
measurement of how well buildings comply with the state energy conserva-
tion construction code. It also mandates documenting compliance with
health regulations before issuing occupancy or compliance certificates
for multiple dwellings. Additionally, if a complaint leads to a
violation order under fire and building codes, the order must be sent to
the person who made the complaint, either in person or by certified
mail.
Section 3: Amends subdivision 1 of section 381 of the executive law, to
provide that a copy of the relevant compliance order be issued by mail
when an alleged violation is found and directed to be remedied.
Section 4: Sets Effective Date.
JUSTIFICATION:
This bill aims to enhance tenant protections by increasing transparency
within the code enforcement system, ensuring that absentee and negligent
landlords are held accountable for housing violations. Currently,
tenants who file complaints often receive no follow-up regarding the
outcome of their report they are not informed whether a violation was
identified, what corrective measures were mandated, or the deadline for
compliance. Under existing law, violation orders are only required to be
provided to landlords, leaving tenants in the dark about the status of
their complaint.
By mandating that complainants also receive copies of violation orders,
this legislation will improve transparency, bolster public confidence in
the enforcement process, and empower tenants to advocate for safe living
conditions. Providing tenants with this information will also enhance
accountability, as those directly affected by hazardous housing condi-
tions will be able to monitor compliance and notify local authorities if
a landlord fails to remedy a violation within the prescribed timeframe.
This bill builds upon recent legislative efforts to deter chronic code
violations, including the imposition .of higher fines on repeat offen-
ders. By strengthening enforcement mechanisms and improving tenant
access to critical information, this measure will further ensure that
all New Yorkers have access to safe and habitable housing.
PRIOR HISTORY:
2024: Similar Bill (A.4963/Lunsford) Died in Governmental Operations
2023: Similar Bill (A.4963/Lunsford) Died in Governmental Operations
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that if section 3 of part T
of chapter 57 of the laws of 2023 shall not have taken effect on or
before such date then section two of this act shall take effect on the
same date and in the same manner as such section, takes effect.
