Bill Text: NY A05401 | 2025-2026 | General Assembly | Introduced


Bill Title: Requires annual inspections of Mitchell-Lama buildings; requires the appointment of housing management representatives to perform such inspections; requires notification of violations to housing companies; requires such housing companies to certify correction of violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-13 - referred to housing [A05401 Detail]

Download: New_York-2025-A05401-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5401

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 13, 2025
                                       ___________

        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Housing

        AN ACT to amend the private housing finance law, in relation to  requir-
          ing  housing owned by limited-profit housing companies to be inspected
          on an annual basis by a housing management representative

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 32-a of the private housing finance law is amended
     2  by adding a new subdivision 15 to read as follows:
     3    15. (a) Direct their department or the supervising agency to appoint a
     4  housing management representative to each company to perform  an  annual
     5  inspection  of  each  building  owned or maintained by a housing company
     6  pursuant to this article and shall notify the  housing  company  of  any
     7  violations  found  as  a  result of such inspection within five business
     8  days of such inspection; provided, however, that if any violation  found
     9  as  a  result  of  such  inspection  presents  hazardous  conditions and
    10  requires an immediate response then such notification shall be  provided
    11  to the housing company immediately. The department or supervising agency
    12  shall  require  that  the  housing  company  certify  correction of such
    13  violation within a reasonable timeframe, as determined  by  the  commis-
    14  sioner  or  the supervising agency; provided, however, that a reasonable
    15  timeframe shall be no longer than: (i) ninety days for  a  non-hazardous
    16  condition,  including, but not limited to, missing peepholes, failure to
    17  place street numbers on the front of the dwelling, and improper seats on
    18  toilets; (ii) thirty days for a hazardous condition, including, but  not
    19  limited  to, leaks, small holes, inadequate lighting for stairs, missing
    20  smoke detectors, or unlawful bars on windows; (iii) twenty-one days  for
    21  a lead-based paint or window guard violation; and (iv) twenty-four hours
    22  for  any immediately hazardous condition, including, but not limited to,
    23  inadequate heat or hot water supply, rodents, broken or defective plumb-
    24  ing fixtures, defective plaster and defective faucets. The department or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08351-01-5

        A. 5401                             2

     1  supervising agency shall post the results of such  inspections  and  any
     2  ensuing  certification  of  correction of violation on the department or
     3  supervising agency's website.
     4    (b)  Each  development  shall have a housing management representative
     5  assigned to them by the department or supervising agency  that  oversees
     6  such  development.  Such  housing  management  representative  shall  be
     7  responsible for monitoring and evaluating the development's  managements
     8  as  outlined  in  Title  9  of  the New York Codes, Rules & Regulations.
     9  Housing management representatives  shall  conduct  the  annual  on-site
    10  inspection of the development and provide the results of the inspection,
    11  including  recommendations,  in  a written report to the development and
    12  housing company. The department or supervising agency shall require  the
    13  development's  board  of  directors  or managing agent to respond to the
    14  report within thirty days, detailing  the  housing  company's  plan  for
    15  corrective action.
    16    (c)  An  inspection  may  include,  but  is not limited to: a physical
    17  inspection of all buildings in  the  development,  the  grounds,  common
    18  facilities and central systems for general construction; a review of all
    19  records  the  agency or supervising authority deems relevant; interviews
    20  of shareholders, board members, housing company employees and management
    21  company employees and any other  information  which  the  department  or
    22  supervising agency deems relevant.
    23    (d)  The  department  or  supervising  agency  shall  review any local
    24  health, safety or building code violations reports or  notices  retained
    25  by  the  housing  company  and shall determine whether the buildings and
    26  units satisfy the uniform physical conditions standards  established  by
    27  HUD  (24  CFR  5.703).  The  HUD  physical condition standards shall not
    28  supersede or preempt local health, safety and building codes.
    29    § 2. This act shall take effect immediately.
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