File #: Int 1315-2016    Version: Name: Nuisance Abatement Fairness Act - Resolving conflicts between the nuisance abatement law and related proceedings and fines for public nuisances involving alcohol.
Type: Introduction Status: Enacted
Committee: Committee on Public Safety
On agenda: 10/27/2016
Enactment date: 3/18/2017 Law number: 2017/033
Title: A Local Law to amend the administrative code of the city of New York, in relation to resolving conflicts between the nuisance abatement law and related proceedings and fines for public nuisances involving alcohol
Sponsors: Daniel R. Garodnick, Melissa Mark-Viverito, Rafael Salamanca, Jr., Vanessa L. Gibson, Carlos Menchaca, Stephen T. Levin
Council Member Sponsors: 6
Summary: This bill permits the dismissal of an action pursuant to the Nuisance Abatement Law if a similar proceeding has already been conducted or is being conducted in housing court or by the New York City Housing Authority, unless the city has a unique interest in the Nuisance Abatement action distinct from the other proceeding. The bill also requires consideration of fines imposed by the State Liquor Authority in Nuisance Abatement actions brought for violations of the Alcoholic Beverage Control.
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 1315-A, 3. Summary of Int. No. 1315, 4. Int. No. 1315 - 10/27/16, 5. Committee Report 11/2/16, 6. Hearing Testimony 11/2/16, 7. Hearing Transcript 11/2/16, 8. Committee Report 2/14/17, 9. Hearing Transcript 2/14/17, 10. February 15, 2017 - Stated Meeting Agenda with Links to Files, 11. Fiscal Impact Statement, 12. Int. No. 1315-A (FINAL), 13. Hearing Transcript - Stated Meeting 2-15-17, 14. Minutes of the Stated Meeting - February 15, 2017, 15. Mayor's Letter, 16. Local Law 33
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
3/18/2017ADaniel R. Garodnick Administration City Charter Rule Adopted  Action details Meeting details Not available
2/15/2017ADaniel R. Garodnick City Council Sent to Mayor by Council  Action details Meeting details Not available
2/15/2017ADaniel R. Garodnick City Council Approved by CouncilPass Action details Meeting details Not available
2/14/2017*Daniel R. Garodnick Committee on Public Safety Amended by Committee  Action details Meeting details Not available
2/14/2017*Daniel R. Garodnick Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
2/14/2017*Daniel R. Garodnick Committee on Public Safety Amendment Proposed by Comm  Action details Meeting details Not available
2/14/2017ADaniel R. Garodnick Committee on Public Safety Approved by CommitteePass Action details Meeting details Not available
11/2/2016*Daniel R. Garodnick Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
11/2/2016*Daniel R. Garodnick Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
10/27/2016*Daniel R. Garodnick City Council Referred to Comm by Council  Action details Meeting details Not available
10/27/2016*Daniel R. Garodnick City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1315-A

 

By Council Members Garodnick, The Speaker (Council Member Mark-Viverito), Salamanca, Gibson, Menchaca and Levin

 

A Local Law to amend the administrative code of the city of New York, in relation to resolving conflicts between the nuisance abatement law and related proceedings and fines for public nuisances involving alcohol

 

Be it enacted by the Council as follows:

Section 1. Subchapter 4 of chapter 7 of title 7 of the administrative code of the city of New York, as added by a local law for the year 2017 amending the administrative code of the city of New York relating to limiting exclusions of natural persons pursuant to the nuisance abatement law, as proposed in introduction number 1323-A, is amended to add two new sections 7-728 and 7-729 to read as follows:

§ 7-728 Conflicting proceedings. Any action for a permanent injunction brought under this chapter against a natural person shall be dismissed if legal proceedings based on the same or substantially similar factual allegations have been conducted or are being conducted in New York city civil court or by the New York city housing authority, unless the city has a unique and compelling interest that is substantially different from that of the plaintiff in the other legal proceeding. Such interest shall not include the speed with which such case could be resolved. For the purposes of this section, the term “substantially similar factual allegations” shall not be construed to include conduct or actions that occurred subsequent to the allegations included in the relevant legal proceedings conducted in New York city civil court or by the New York city housing authority.

§ 7-729 Duplicate fines for public nuisances involving alcohol. To the extent practicable, fines imposed or expected to be imposed by the state liquor authority shall be taken into consideration in evaluating whether a disposition reached in an action brought under this chapter poses an excess burden on the defendant, pursuant to section 7-724.

§ 2. This local law takes effect on the same date that a local law for the year 2017 amending the administrative code of the city of New York relating to limiting exclusions of natural persons pursuant to the nuisance abatement law, as proposed in introduction number 1323-A, takes effect.

BC

LS 8380/8498

2/7/16 524PM