New York S 4165: Relates to increasing the state code enforcement powers of the secretary of state

Bill Text

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S04165 Summary:

BILL NOS04165 

&nbsp

SAME ASSAME AS A06009

&nbsp

SPONSORBAILEY

&nbsp

COSPNSRHINCHEY, KAVANAGH, PARKER, RIVERA, SKOUFIS

&nbsp

MLTSPNSR

&nbsp

Amd §381, add §381-a, Exec L

&nbsp

Increases the state code enforcement powers of the secretary of state by establishing a state code enforcement office headed by an ombudsperson.

Go to top S04165 Actions:

BILL NOS04165 

&nbsp

02/03/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

03/03/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

02/04/2026REPORTED AND COMMITTED TO FINANCE

Go to topS04165 Committee&nbspVotes:

Go to topS04165 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04165 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4165

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sens. BAILEY, HINCHEY, KAVANAGH, PARKER, RIVERA, SKOUFIS
 -- read twice and ordered printed, and when printed to be committed to
 the Committee on Housing, Construction and Community Development

 AN ACT to amend the executive law, in relation to increasing the state
 code enforcement powers of the secretary of state

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

 1 Section 1. Paragraph b of subdivision 1 of section 381 of the execu-
 2 tive law, as amended by chapter 560 of the laws of 2010, is amended to
 3 read as follows:
 4 b. the adequate number [and] of staff required to meet the needs of
 5 the locality to be determined by looking at factors, including, but not
 6 limited to, population and geographic area,
 7 b-1. the qualifications of staff, including requirements that inspec-
 8 tors be certified pursuant to this chapter,
 9 § 2. Paragraph c of subdivision 4 of section 381 of the executive law,
 10 as added by chapter 707 of the laws of 1981, is amended and a new para-
 11 graph e is added to read as follows:
 12 c. [the] The secretary may designate the county in which such local
 13 government is located to administer and enforce the uniform code in such
 14 local government. In the case of such designation, the provisions of
 15 subdivision five of this section shall apply.
 16 e. The secretary may place an oversight official within a local
 17 government to monitor and ensure compliance with the minimum standards
 18 for administration and enforcement of the uniform code. The oversight
 19 official shall be a state officer with expertise and experience in code
 20 enforcement and other qualifications determined by the secretary to be
 21 appropriate for the position. The placement of an oversight official
 22 shall be for a period of up to one year and extended as necessary as
 23 determined by the secretary. Local government staff shall comply with
 24 all directives issued by the oversight official. Oversight shall

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08452-01-5

 S. 4165 2

 1 include, but not be limited to, research and data collection to deter-
 2 mine the needs of the local government in order to achieve minimum stan-
 3 dards of code enforcement, providing assistance with capacity building,
 4 and providing assistance with resolving complaints.
 5 § 3. The executive law is amended by adding a new section 381-a to
 6 read as follows:
 7 § 381-a. State code enforcement ombudsperson. 1. Definitions. For the
 8 purposes of this section:
 9 a. "Secretary" means the secretary of state;
 10 b. "Code enforcement" means the administration and enforcement of the
 11 uniform fire prevention code and building code promulgated in accordance
 12 with sections three hundred seventy-seven and three hundred seventy-
 13 eight of this article and the state energy conservation code adopted in
 14 accordance with article eleven of the energy law, and any local building
 15 and fire regulations enacted or adopted by any local government that are
 16 in effect pursuant to section three hundred seventy-nine of this arti-
 17 cle; and
 18 c. "Ombudsperson" shall mean the state code enforcement ombudsperson.
 19 2. Office of the state code enforcement ombudsperson. a. Ther