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A01270 Summary:

BILL NOA01270
 
SAME ASNo Same As
 
SPONSORWalker
 
COSPNSR
 
MLTSPNSR
 
Add §1807, NYC Chart
 
Relates to willful neglect of real property prevention.
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A01270 Actions:

BILL NOA01270
 
01/13/2023referred to housing
01/03/2024referred to housing
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A01270 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1270
 
SPONSOR: Walker
  TITLE OF BILL: An act to amend the New York city charter, in relation to willful neglect of real property prevention   PURPOSE OR GENERAL IDEA OF BILL: This bill provides for protection, preservation and improvement of rent stabilized multi-family rental property in which some landlords willful- ly neglect repairs, improvements, or otherwise affected the existing conditions of properties precipitating the conditions that reduce the habitability of the Units, resulting in condemnation and eviction of existing tenants with the intent to build higher cost or luxury housing in a climate wherein real property prices are rising at an unprecedented rate.   SUMMARY OF PROVISIONS: Provides that HPD after three or more good faith complaints by or on behalf of tenants and wherein within 120 days such conditions have not been addressed or remedied by the landlord; and following the consensus of fifty percent or more of the tenants, the city shall compel the land- lord or responsible entity to undertake repairs and/or cease in actions that affect the safety and well-being of tenants. Furthermore, the bill provides that if the repairs are not completed or negative actions have not ceased and if elements essential to the safety and well-being of .residents have not been replaced; New York City shall place alien on the property equal to the costs of repairs, improvements, replacements and treatment measures and administrative fees required to remedy the property. The bill further requires that HPD shall assess the costs of repair and actions needed to make property habitable and safe and assign a communi- ty-based housing corporation to manage the repair process for a fee. Financing of the repairs shall be made possible by a personal income tax revenue bond authorized by the New York state housing finance agency. The responsible landlord shall be responsible reimbursing the city for the costs of repairs, interest, penalties and administrative management fees to the community-based housing corporation. Should repairs require the relocation of tenants, the responsible party will be responsible for finding comparable housing for the tenants in a closely proximate area, at a comparable or lower rate and assume relo- cation costs and should the rent be higher, the difference betwe en the current rent and the rent at the relocated site. Finally, the bill requires HPD to establish an imminent danger list of properties for which more than five complaints, the nature of which pose a threat to the health and safety of tenants are filed during a calendar year.   JUSTIFICATION: For several years, reports of willful neglect on the part of predatory landlords appeared to be isolated and random against the backdrop of thousands of rent-regulated properties. As the demand for housing and increasing commensurate costs and development profit margins, the trend to willfully debilitate the integrity of rent regulated properties to the point of condemnation leading to demolition for the purpose of developing high income luxury units. The desire to live in locations within or in proximity of Manhattan has impacted housing in central/northeastern Brooklyn, from Flatbush to Bushwick; the western Bronx; Upper Manhattan, from East Harlem to Washington Heights; and Lower Manhattan, Chinatown and the Lower East Side (1). The acts have included failure to maintain exterior walls, interior walls, and boilers and as of late have escalated to outright acts of demolition in the name of bogus non-sanctioned construction; removing essential services i.e. water, heat, commodes; and threats of imminent eviction without cause. Mayor DeBlasio has established a ten-year housing $41 billion plan that aspires to the creation or preservation of 200,000 affordable housing units. The actions of this group of landlords threatens to take the plan two steps back for every step forward. Moreover, the displacement of the affected tenants threatens to change the character of the targeted communities with no possibility of reintegrating tenants in need of affordable housing e.g. municipal employees, service industry workers, and health care providers ranging from the working poor to the middle class. Justifiably, residents in these communities are suspicious of any development efforts in their neighborhoods maintaining that development is being done to them without consideration and not with them in consul- tation. The prevailing opinion is that a wave of secondary displacement pressures, would negatively affect both long-term residents and existing businesses.   PRIOR LEGISLATIVE HISTORY: 2015-2016: A6618 - Referred to Housing 2017-2018: A6275 - Referred to Housing 2019-2020: A6268 - Referred to Housing 2021-2022: A4487 - Referred to Housing   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately.
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A01270 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1270
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Housing
 
        AN  ACT  to  amend  the  New  York  city charter, in relation to willful
          neglect of real property prevention
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  New  York  city  charter  is amended by adding a new
     2  section 1807 to read as follows:
     3    § 1807. Willful neglect of property prevention.  1. For  the  purposes
     4  of  this  section  "willful  neglect" shall mean improper maintenance or
     5  lack of maintenance resulting in substantial deterioration of the  prop-
     6  erty.
     7    2. Where there have been three or more good faith complaints, by or on
     8  behalf  of  the  tenant,  to the department of any health or safety law,
     9  regulation, code or ordinance, or any law of regulation which has as its
    10  objective the regulation of premises used for dwelling purposes within a
    11  period of one hundred twenty days and the conditions have not been reme-
    12  died and are not in the process of being remedied the  department  shall
    13  notify  the  tenants  and  the department of buildings of the failure to
    14  repair.
    15    3. Upon the consensus of more than fifty percent of  the  tenants,  an
    16  action  shall  be  commenced  by the city to compel the person or entity
    17  required to maintain the property to undertake repairs and if  necessary
    18  to  cease and desist from removing and destroying structural, mechanical
    19  and electrical systems necessary for the delivery of essential services,
    20  including appliances, to the tenants.
    21    4. If the repairs are not completed or if  the  removed  or  destroyed
    22  systems  have  not  been replaced within ninety days of the judgment the
    23  department shall notify the person or entity required  to  maintain  the
    24  property  that  the city shall place a lien on the property equal to the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04622-01-3

        A. 1270                             2
 
     1  costs of the repairs, improvements, replacement and  treatment  measures
     2  required to remedy the property and the administrative fees.
     3    5. The department shall assess and prepare a list of repairs, improve-
     4  ments,  replacements and treatment measures to be taken by the person or
     5  entity required to maintain the property.
     6    6. The department shall assign a community based  housing  development
     7  corporation to manage the repairs.
     8    7.  The repairs shall be financed by personal income tax revenue bonds
     9  authorized by the New York state housing finance agency.
    10    8. The person or entity required to maintain  the  property  shall  be
    11  responsible  for  reimbursing the city for the costs of repairs in addi-
    12  tion to interest and penalties and any administrative management fees.
    13    9. Should the repairs, improvements or replacements require relocation
    14  of the tenant the person or entity required  to  maintain  the  property
    15  must, at the tenant's option, either relocate the tenant to a comparable
    16  housing  accommodation  in  a closely proximate area that is the same or
    17  lower rent or compensate the tenant in  an  amount  necessary  to  cover
    18  their costs of relocation for the duration of the repair.
    19    10.  The  department shall create an "imminent danger" list of proper-
    20  ties for which more than five complaints  have  been  filed  during  the
    21  course  of  any given calendar year. Said list shall be available on the
    22  department's website.
    23    11. This section shall not preempt, reduce  or  limit  any  rights  or
    24  obligations  imposed by any state or local laws with respect to property
    25  maintenance and a locality's ability to enforce those laws or a tenant's
    26  right to be restored to the vacated premises.
    27    § 2. This act shall take effect immediately.
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