Bill Text: NY A08129 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 8129 (Prior Session Legislation)

Introduced

Bill Title: Increases amount of civil and criminal penalties for failing to install window guards: for a second or subsequent violation the criminal penalties shall be increased to a fine of up to $1000 or imprisonment for up to one year, or both; for a first civil violation the fine shall be $1000, for a second violation the fine shall be $2500 and for any subsequent violation the fine shall be $5000.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-25 - reported referred to codes [A08129 Detail]

Download: New_York-2013-A08129-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8129
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    August 30, 2013
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Cities
       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to  increasing  the  penalties for failing to install window
         guards in multiple dwellings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision c of section 17-123 of the administrative code
    2  of the city of New York, as amended by local law number 22 of  the  city
    3  of New York for the year 2002, is amended to read as follows:
    4    c.  The  department of health and mental hygiene shall promulgate such
    5  regulations as it deems necessary to comply with the provisions of  this
    6  section,  with  respect  to the annual notice to tenants, and the notice
    7  requirement in all multiple dwelling leases.  THE DEPARTMENT SHALL  ALSO
    8  DEVELOP  A  PROGRAM  TO  EDUCATE  THE COMMUNITY OF THE RISK OF INJURY OR
    9  DEATH TO CHILDREN WHEN RESIDING IN MULTIPLE DWELLINGS WHICH DO NOT  HAVE
   10  WINDOW GUARDS INSTALLED.
   11    S  2.    Subdivision d of section 17-123 of the administrative code of
   12  the city of New York, as added by local law number 33 of the city of New
   13  York for the year 1986, is amended to read as follows:
   14    d. Any person who violates the provisions  of  this  section,  or  the
   15  regulations  promulgated  hereunder,  shall  be  guilty of a misdemeanor
   16  punishable by a fine of up to five hundred dollars or  imprisonment  for
   17  up  to six months or both FOR THE FIRST VIOLATION AND BY A FINE OF UP TO
   18  ONE THOUSAND DOLLARS OR IMPRISONMENT FOR UP TO ONE YEAR OR BOTH FOR  ANY
   19  SUBSEQUENT  VIOLATION.  In addition, any violation of this section shall
   20  constitute a civil violation subject to a penalty of not more than [five
   21  hundred] ONE THOUSAND dollars [per] FOR THE FIRST violation,  TWO  THOU-
   22  SAND  FIVE  HUNDRED  DOLLARS  FOR THE SECOND VIOLATION AND FIVE THOUSAND
   23  DOLLARS FOR ANY SUBSEQUENT VIOLATION.   A  civil  violation  under  this
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04703-01-3
       A. 8129                             2
    1  section  shall  be adjudicated before the administrative tribunal of the
    2  department.
    3    S 3. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.