Int. No. 1614
By Council Members Crowley, Johnson, Cabrera, Koo, Miller, Cornegy, Mealy, Gentile, Maisel, King and Constantinides
A Local Law to amend the administrative code of the city of New York, in relation to increasing civil penalties for violations occurring in dwellings operated as homeless shelters and requiring contracts with the owners of such dwellings
Be it enacted by the Council as follows:
Section 1. Subdivision (a) of section 27-2115 of the administrative code of the city of New York, as amended by local law 65 for the year 1987 is amended to read as follows:
(a) (1) Subject to the provisions of paragraph two of this subdivision a [A] person who violates any law relating to housing standards shall be subject to a civil penalty of not less than ten dollars nor more than fifty dollars for each non-hazardous violation, not less than twenty-five dollars nor more than one hundred dollars and ten dollars per day for each hazardous violation, fifty dollars per day for each immediately hazardous violation, occurring in a multiple dwelling containing five or fewer dwelling units, from the date set for correction in the notice of violation until the violation is corrected, and not less than fifty dollars nor more than one hundred fifty dollars and, in addition, one hundred twenty-five dollars per day for each immediately hazardous violation, occurring in a multiple dwelling containing more than five dwelling units, from the date set for correction in the notice of violation until the violation is corrected. A person willfully making a false certification of correction of a violation shall be subject to a civil penalty of not less than fifty dollars nor more than two hundred fifty dollars for each violation falsely certified, in addition to the other penalties herein provided.
(2) A person who violates any law relating to housing standards in a dwelling being operated as a homeless shelter, as such term is defined in subdivision a of section 21-317 of the administrative code of the city of New York, shall be subject to a civil penalty of not less than thirty dollars nor more than one hundred and fifty dollars for each non-hazardous violation, not less than seventy-five dollars nor more than three hundred dollars for each hazardous violation and not less than one hundred and fifty dollars nor more than four hundred and fifty dollars for each immediately hazardous violation. Such penalties shall be in addition to any daily penalties that may be authorized pursuant to paragraph (1) of this subdivision.
§ 2. Chapter 3 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-317 to read as follows:
§ 21-317 a. Definitions. For the purposes of this section, the following terms have the following meanings:
Cluster site. The term “cluster site” means an individual unit that is being utilized as shelter for a homeless family within a private building.
Shelter. The term “shelter” means a building, or individual units within a building, being utilized by the department or a provider under contract or similar agreement with the department to provide temporary emergency housing.
Stand-alone shelter. The term “stand-alone shelter” means a building being utilized by the department or a provider under contract or similar agreement with the department to provide shelter to homeless individuals.
b. The city may not enter into or renew a contract to provide shelter at a cluster site or a stand-alone shelter unless the city enters into a lease agreement with the building owner of such cluster site or stand-alone shelter.
§ 3. This local law takes effect immediately.
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5/18/16