File #: Int 0195-2022    Version: Name: Requiring inspection of unoccupied dwelling units.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 4/14/2022
Enactment date: 1/6/2024 Law number: 2024/001
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring inspection of unoccupied dwelling units
Sponsors: Carlina Rivera , Gale A. Brewer, Tiffany Cabán, Sandy Nurse, Shahana K. Hanif, Amanda Farías, Alexa Avilés, Selvena N. Brooks-Powers, Diana I. Ayala, Shekar Krishnan, Julie Won, Kristin Richardson Jordan, Lincoln Restler, Chi A. Ossé, Jennifer Gutiérrez, Crystal Hudson, Shaun Abreu, Erik D. Bottcher, Nantasha M. Williams, Farah N. Louis, Lynn C. Schulman, Pierina Ana Sanchez, Eric Dinowitz, Rita C. Joseph, Carmen N. De La Rosa, Oswald Feliz, Kevin C. Riley, Althea V. Stevens, Charles Barron, Keith Powers , Mercedes Narcisse, Christopher Marte, Adrienne E. Adams
Council Member Sponsors: 33
Summary: The bill would require HPD to reach out to owners of multiple dwellings for which HPD has received complaints about conditions in unoccupied dwelling units that may be the cause of a hazardous or immediately hazardous condition in an occupied dwelling unit. The owner would be required to schedule an HPD inspection of such dwelling unit within 21 days. HPD would conduct an inspection of the unoccupied unit, guided by an inspection checklist, and issue violations for hazardous or immediately hazardous conditions. The bill would also allow lawful occupants of the building to apply for an order directing that HPD be provided access to the premises when necessary to correct violating conditions.
Attachments: 1. Summary of Int. No. 195-B, 2. Summary of Int. No. 195-A, 3. Summary of Int. No. 195, 4. Int. No. 195, 5. April 14, 2022 - Stated Meeting Agenda, 6. Hearing Transcript - Stated Meeting 4-14-22, 7. Minutes of the Stated Meeting - April 14, 2022, 8. Proposed Int. No. 195-A - 5/17/23, 9. Committee Report 6/6/23, 10. Hearing Testimony 6/6/23, 11. Hearing Transcript 6/6/23, 12. Proposed Int. No. 195-B - 11/29/23, 13. Committee Report 12/6/23, 14. Hearing Transcript 12/6/23, 15. Committee Report - Stated Meeting, 16. December 6, 2023 - Stated Meeting Agenda, 17. Hearing Transcript - Stated Meeting 12-6-23, 18. Int. No. 195-B (FINAL), 19. Fiscal Impact Statement, 20. Legislative Documents - Letter to the Mayor, 21. Local Law 1, 22. Minutes of the Stated Meeting - December 6, 2023
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/6/2024BCarlina Rivera Administration City Charter Rule Adopted  Action details Meeting details Not available
1/5/2024BCarlina Rivera City Council Returned Unsigned by Mayor  Action details Meeting details Not available
12/6/2023BCarlina Rivera City Council Sent to Mayor by Council  Action details Meeting details Not available
12/6/2023BCarlina Rivera City Council Approved by CouncilPass Action details Meeting details Not available
12/6/2023*Carlina Rivera Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
12/6/2023*Carlina Rivera Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
12/6/2023*Carlina Rivera Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
12/6/2023BCarlina Rivera Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
6/6/2023*Carlina Rivera Committee on Governmental Operations Laid Over by Committee  Action details Meeting details Not available
6/6/2023*Carlina Rivera Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
6/6/2023*Carlina Rivera Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
6/6/2023*Carlina Rivera Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
4/14/2022*Carlina Rivera City Council Referred to Comm by Council  Action details Meeting details Not available
4/14/2022*Carlina Rivera City Council Introduced by Council  Action details Meeting details Not available

Int. No. 195-B

By Council Members Rivera, Brewer, Cabán, Nurse, Hanif, Farías, Avilés, Brooks-Powers, Ayala, Krishnan, Won, Richardson Jordan, Restler, Ossé, Gutiérrez, Hudson, Abreu, Bottcher, Williams, Louis, Schulman, Sanchez, Dinowitz, Joseph, De La Rosa, Feliz, Riley, Stevens, Barron, Powers, Narcisse, Marte and The Speaker (Council Member Adams)

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring inspection of unoccupied dwelling units

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision a of section 27-2004 of the administrative code of the city of New York is amended by adding a new paragraph 50 to read as follows:

50. The term “unoccupied dwelling unit” means a dwelling unit that is not occupied for permanent residence or temporary residence purposes.

§ 2. Section 27-2005 of the administrative code of the city of New York is amended by adding a new subdivision h to read as follows:

h. The owner of a multiple dwelling shall keep all unoccupied dwelling units in such multiple dwelling in good repair.

§ 3. Article 1 of subchapter 2 of chapter 2 of title 27 of the administrative code of the city of New York is amended by adding a new section 27-2009.3 to read as follows:

§ 27-2009.3 Inspections of unoccupied dwelling units. a. Complaints about conditions in unoccupied dwelling units affecting occupied dwelling units in multiple dwellings. Upon receipt of a complaint about pests, leaks, accumulation of refuse, unsecured openings, mold, or inadequate firestopping in an unoccupied dwelling unit of a multiple dwelling that may be the cause of a hazardous or immediately hazardous condition in an occupied dwelling unit in such multiple dwelling, other than a complaint about an unoccupied dwelling unit in a multiple dwelling owned or operated by the New York city housing authority, the department shall notify the owner of such multiple dwelling to schedule an inspection of such unoccupied dwelling unit by the department within 21 days of such complaint. Such notification shall include information about the conditions on the inspection checklist set forth in subdivision b of this section.

b. Inspection checklist. An inspection of an unoccupied dwelling unit conducted pursuant to subdivision a of this section shall include, but not be limited to, an inspection for the following conditions:

1. Unsecured openings;

2. Inadequate firestopping;

3. Leaks, defective plumbing, and mold;

4. Indications of the presence of any pests;

5. Accumulation of refuse; and

6. Smoke detectors and carbon monoxide detectors. 

c. Notice of violation. The department shall issue a notice of violation for any hazardous or immediately hazardous condition observed in an unoccupied dwelling unit inspected pursuant to subdivision a of this section.

d. Publication. The department shall maintain a publicly accessible interface on the website of the department that lists violations issued pursuant to subdivision c of this section.

§ 4. Subdivision a of section 27-2123 of the administrative code of the city of New York is amended to read as follows:

a. A judge of any civil court of competent jurisdiction may, upon appropriate application by the department, or any lawful occupant of the premises or part thereof, supported by an affidavit  or affirmation, issue an order directing that access be provided to an officer or inspector of the department to any premises or part thereof, whenever an inspection of any premises or part therefore is required or authorized by any state or local law or regulation or entry to such area is necessary for correction of a condition violating such law or regulation.

                     § 5. This local law takes effect 210 days after it becomes law.

 

Session 12

NC/AS/TZ

LS #5451/7066

11/28/23 10PM

 

Session 11

MHL

LS # 16508