Int. No. 1356
By Council Member Holden
A Local Law to amend the administrative code of the city of New York, in relation to banning smoking in multiple dwellings and to repeal subdivisions tt, uu, vv, ww, xx and yy of section 17-502, subdivision b of section 17-505, section 17-506.1, subdivisions d-1 and d-2 of section 17-508 and subdivision b of section 17-513.2 of such code in relation thereto
Be it enacted by the Council as follows:
Section 1. Section 17-502 of the administrative code of the city of New York is amended by adding a new subdivisions bbb to read as follows:
bbb. “Multiple dwelling” means any dwelling which is to be occupied by or is occupied as the residence or home of three or more families living independently of each other.
§ 2. Section 17-503 of the administrative code of the city of New York is amended by adding a new subdivision e to read as follows:
e. Smoking is prohibited in all areas of multiple dwellings.
§ 3. Paragraph 3 of subdivision e of section 17-508 of the administrative code of the city of New York, as amended by local law number 80 for the year 20121 is amended to read as follows:
3. Every person who violates subdivision d of this section shall be liable for a civil penalty of one hundred dollars for each violation, except that every person who violates subdivision d of this section by smoking, or using an electronic cigarette, in a pedestrian plaza as prohibited by paragraph seven of subdivision c of section 17-503 or in a park or other property under the jurisdiction of the department of parks and recreation as prohibited by paragraph three of subdivision d of section 17-503 shall be liable for a civil penalty of fifty dollars for each violation. [Every owner of a class A multiple dwelling who violates subdivision d-1 of this section, and every tenant-shareholder, condominium unit owner and tenant who violates subdivision d-2 of this section, shall be liable for a civil penalty of one hundred dollars for each violation, provided that a violation of paragraph two, three or four of subdivision d-1 shall be considered a single violation regardless of whether such owner failed to disclose a smoking policy, to provide notification of adoption of such policy or a material change to such policy, or to make available copies of such policy to more than one person.]
§ 4. Subdivisions tt, uu, vv, ww, xx and yy of section 17-502 of the administrative code of the city of New York are REPEALED.
§ 5. Subdivision b of section 17-505 of the administrative code of the city of New York is REPEALED.
§ 6. Section 17-506.1 of the administrative code of the city of New York is REPEALED.
§ 7. Subdivisions d-1 and d-2 of section 17-508 of the administrative code of the city of New York are REPEALED.
§ 8. Subdivision b of section 17-513.2 of the administrative code of the city of New York is REPEALED.
§ 9. This local law takes effect 180 days after it becomes law.
Session 12
NAB
LS 6104
1/13/2022
Session 11
NAB
LS #17788