Authorizes municipalities to establish an emergency repair pilot program; enables municipalities to repair immediately hazardous code violations in buildings where the owner has not undertaken such repairs in a reasonable time.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5641
SPONSOR: Hunter TITLE OF BILL:
An act to amend the general municipal law, in relation to authorizing
certain municipalities to establish an emergency repair pilot program;
and providing for the repeal of such provisions upon expiration thereof
PURPOSE:
To create a pilot emergency repair program to allow cities to directly
address hazardous code violations where the owner has not undertaken
repairs.
SUMMARY OF PROVISIONS:
Section 1: Amends the general municipal law by adding the section 99-aa.
Directs that the secretary of state, with assistance from the division
of housing and community renewal, to establish a pilot program for
activities related to the administration and enforcement of the fire
prevention and building codes. Only municipalities designated as a city
will be eligible to participate in the pilot program. The program will
permit participating municipalities to immediately repair hazardous code
violations in buildings where the owner has not undertaken repairs and
permit them to bill the owner for repair costs. A municipality shall
bill the owner for the repair costs. The rule doesn't apply to homes
where the owner lives or uses it as their main home. Section 2: Sets
effective date.
JUSTIFICATION:
Around New York State there are properties in cities that have been
issued code violations by the jurisdictional municipality but continue
to be in a state of disrepair either due to negligence or unwillingness
by the owner to make the necessary repairs. This can create extreme
safety issues to renters who reside at the property and slowly deteri-
orates property values in the surrounding neighborhood.
This bill seeks to remedy this issue by creating a program that would
authorize participating municipalities to make direct code enforcement
repairs that the landlord has either failed or refused to do. The muni-
cipality places the cost of the emergency repairs on the landlord's
property tax bill as a lien, with the state providing the municipality
with the upfront costs of the repairs and recouping the money upon reme-
dy of the lien/violations. A similar program currently exists in NYC
under its Housing Preservation and Development's Alternative Enforcement
Program through issuing of Orders to Correct.
The pilot program created by this bill will last until May 1, 2028.
During which the secretary of state in conjunction with the division of
housing and community renewal will file a report annually to evaluate
the effectiveness of the pilot program with the, legislature and the
governor.
LEGISLATIVE HISTORY:
2024:A9160
2023: A01662 (vetoed)
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, section one
of this act shall expire and be deemed repealed May 1, 2029
STATE OF NEW YORK
________________________________________________________________________
5641
2025-2026 Regular Sessions
IN ASSEMBLY
February 18, 2025
___________
Introduced by M. of A. HUNTER, OTIS -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general municipal law, in relation to authorizing
certain municipalities to establish an emergency repair pilot program;
and providing for the repeal of such provisions upon expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 99-aa to read as follows:
3 § 99-aa. Emergency repair pilot program. Subject to appropriation,
4 the secretary of state, with assistance from the division of housing and
5 community renewal, shall establish a pilot program with participating
6 municipalities for an emergency repair program. The secretary of state
7 shall only allow municipalities designated as a city to participate in
8 such pilot program. The emergency repair program shall require a munici-
9 pality that has elected to participate in the program to enact a local
10 law to enable the municipality to repair immediately hazardous code
11 violations in buildings where the owner has not undertaken such repairs
12 in a reasonable time. The municipality shall bill the owner for such
13 repair costs. The department of state, in conjunction with the division
14 of housing and community renewal, shall, as appropriation permits,
15 provide technical assistance to participating municipalities to ensure
16 successful implementation of the local law required pursuant to the
17 pilot program. Additionally, the secretary of state, with assistance
18 from the division of housing and community renewal, shall prepare a
19 model local law that municipalities may adopt to satisfy the local law
20 requirement of the pilot program. Such local law shall be published on
21 the websites of the department of state and the division of housing and
22 community renewal. Furthermore, the secretary of state, in conjunction
23 with the division of housing and community renewal, shall file a report
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04769-02-5
A. 5641 2
1 annually to evaluate the effectiveness of the emergency repair pilot
2 program with the legislature and the governor. Such report shall include
3 recommendations as to whether the program shall be continued or modified
4 in any way and the reasons therefor. Nothing in this section shall be
5 applied to a residential dwelling that is owner-occupied or is the
6 primary residence of a homeowner. The secretary of state shall promul-
7 gate rules and regulations to implement the provisions of this section.
8 § 2. This act shall take effect on the ninetieth day after it shall
9 have become a law and shall expire and be deemed repealed May 1, 2029.
