New York City Council Header
File #: Int 0348-2014    Version: Name: Inspection fees for certain recurring violations of the housing maintenance code.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 5/14/2014
Enactment date: 12/14/2014 Law number: 2014/065
Title: A Local Law to amend the administrative code of the city of New York, in relation to inspection fees for certain recurring violations of the housing maintenance code.
Sponsors: Ritchie J. Torres, Antonio Reynoso, Margaret S. Chin, Corey D. Johnson, Stephen T. Levin, Mark Levine, Rosie Mendez, Helen K. Rosenthal, Daniel R. Garodnick, Costa G. Constantinides, Annabel Palma, Ben Kallos, Ydanis A. Rodriguez, Daniel Dromm , Donovan J. Richards, Robert E. Cornegy, Jr., Vincent J. Gentile, I. Daneek Miller, Brad S. Lander, Andrew Cohen, Inez D. Barron, Vanessa L. Gibson, James G. Van Bramer
Council Member Sponsors: 23
Attachments: 1. Int. No. 348 - 5/14/14, 2. Committee Report 10/1/14, 3. Hearing Testimony 10/1/14, 4. Hearing Transcript 10/1/14, 5. Committee Report 11/13/14, 6. Hearing Transcript 11/13/14, 7. Committee Report - Stated Meeting, 8. Fiscal Impact Statement, 9. Hearing Transcript - Stated Meeting 11-13-14, 10. Local Law Assignment Letter, 11. Local Law 65, 12. Minutes of the Stated Meeting - November 13, 2014
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/14/2014ARitchie J. Torres Administration City Charter Rule Adopted  Action details Meeting details Not available
12/3/2014ARitchie J. Torres Mayor Hearing Scheduled by Mayor  Action details Meeting details Not available
11/13/2014ARitchie J. Torres City Council Sent to Mayor by Council  Action details Meeting details Not available
11/13/2014ARitchie J. Torres City Council Approved by CouncilPass Action details Meeting details Not available
11/13/2014*Ritchie J. Torres Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
11/13/2014*Ritchie J. Torres Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
11/13/2014*Ritchie J. Torres Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
11/13/2014ARitchie J. Torres Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
10/1/2014*Ritchie J. Torres Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
10/1/2014*Ritchie J. Torres Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
10/1/2014*Ritchie J. Torres Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
5/14/2014*Ritchie J. Torres City Council Referred to Comm by Council  Action details Meeting details Not available
5/14/2014*Ritchie J. Torres City Council Introduced by Council  Action details Meeting details Not available
Int. No. 348-A
 
By Council Members Torres, Reynoso, Chin, Johnson, Levin, Levine, Mendez, Rosenthal, Garodnick, Constantinides, Palma, Kallos, Rodriguez, Dromm, Richards, Cornegy, Gentile, Miller, Lander, Cohen, Barron, Gibson and Van Bramer
 
 
A Local Law to amend the administrative code of the city of New York, in relation to inspection fees for certain recurring violations of the housing maintenance code.
 
 
Be it enacted by the Council as follows:
 
Section 1. This local law shall be known and may be cited as the "Three Strikes Law."
§2. Subdivision f of section 27-2115 of the administrative code of the city of New York is amended by adding a new paragraph 8 to read as follows:
(8) (i) Notwithstanding any other provision of law, where (A) the department has performed two or more complaint-based inspections in the same dwelling unit within a twelve-month period, (B) each such inspection has resulted in the issuance of a hazardous or immediately hazardous violation, and (C) not all such violations have been certified as corrected pursuant to this section, the department may impose an inspection fee of two hundred dollars for the third and for each subsequent complaint-based inspection that it performs in such dwelling unit within the same twelve-month period that results in the issuance of a hazardous or immediately hazardous violation, provided that the department may by rule increase the fee for inspections performed during the period of October first through May thirty-first. Such inspection fee shall be in addition to any civil penalties that may be due and payable.
(ii) Such fee shall not be applicable to inspections (A) performed in a multiple dwelling that is active in the alternative enforcement program pursuant to article ten of subchapter five of this chapter, (B) performed in a multiple dwelling that is subject to a court order appointing an administrator as the result of a proceeding brought by the department pursuant to article seven-a of the New York state real property actions and proceedings law, (C) performed pursuant to subparagraph iv of paragraph one of subdivision k of this section, (D) resulting exclusively in hazardous or immediately hazardous violations for inoperable smoke detectors, inoperable carbon monoxide detectors, double cylinder locks on entry doors of dwelling units, illegal window gates, absence of window guards, or such other hazardous or immediately hazardous violations that the department specifies by rule or (E) where an owner has notified the department of his or her objection to such fee pursuant to section 27-2129 of this code, has provided such documentation to the department as it shall prescribe by rule regarding such owner's attempted access for the purpose of making repairs to the dwelling unit that is subject to the inspection fee, and the department has reviewed and approved such objection.
(iii) All fees that remain unpaid shall constitute a debt recoverable from the owner and a lien upon the premises, and upon the rents and other income thereof. The provisions of article eight of subchapter five of this chapter shall govern the effect and enforcement of such debt and lien.
§3. This local law shall take effect one hundred eighty days after its enactment, except that the commissioner of housing preservation and development shall take such measures as are necessary for its implementation, including the promulgation of rules, prior to such effective date.
JW/EAA
LS # 483/959
11/5/2014 9:06PM