New York A 7113: Relates to establishing an emergency repair program

Bill Text

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A07113 Summary:

BILL NOA07113 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBichotte Hermelyn

&nbsp

COSPNSRColton

&nbsp

MLTSPNSR

&nbsp

Add §235-k, RP L

&nbsp

Requires municipalities to set up a program that repairs emergency violations of habitability for residents in twenty-four to forty-eight hours from notification; provides for the billing of the owners of the property for such repairs.

Go to top A07113 Actions:

BILL NOA07113 

&nbsp

03/20/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA07113 Committee&nbspVotes:

Go to topA07113 Floor&nbspVotes:

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

Go to topA07113 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7113

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 20, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN, COLTON -- read once and
 referred to the Committee on Judiciary

 AN ACT to amend the real property law, in relation to establishing an
 emergency repair program

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

 1 Section 1. The real property law is amended by adding a new section
 2 235-k to read as follows:
 3 § 235-k. Emergency repair program. 1. Every municipality shall set up
 4 a program that repairs emergency violations of habitability for resi-
 5 dents in twenty-four to forty-eight hours from notification and bills
 6 the owners of the property for such repairs. The program shall include a
 7 hotline for tenants, accessible via a toll-free phone number, to report
 8 potential emergency violations of habitability. Such violations shall be
 9 accessed for eligibility via the hotline and any contractor contacted to
 10 repair such violations shall verify its existence to the municipality
 11 for program eligibility. Proof of notice to the property owner regarding
 12 such violation or violations is required for program eligibility. All
 13 costs of the hotline shall be paid for by the municipality. Emergency
 14 violations include but are not limited to structural stability of build-
 15 ings, accessibility of buildings, mold and/or lead-based paint issues.
 16 2. The municipality described in subdivision one of this section may
 17 bill the property owner for the cost of the emergency repair plus
 18 related fees and/or for the cost of sending a contractor to attempt to
 19 make repairs. Such charges will appear on the property tax bill, as well
 20 as on a separate notice sent to the owner once the repairs are complete.
 21 If the owner fails to pay, the municipality shall file a tax lien
 22 against such owner. The tax lien will bear interest and may be sold
 23 and/or foreclosed to collect the amount owed.
 24 3. Property owners can avoid emergency repair and service charges and
 25 remove the violation or violations from municipality records at no cost

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11063-01-5

 A. 7113 2

 1 by correcting the violation or emergency condition and certifying such
 2 correction to the municipality no later than thirty days from notice of
 3 such violation or complying with a violation or order as directed by the
 4 issuing municipality. Property owners may contact the municipality for a
 5 list of contractors. Anything less than a full repair shall not be
 6 acceptable in correcting the violation or violations. If a property
 7 owner attempts to patch the violation or do surface work, such owner
 8 shall be fined double for the violation or violations and may not
 9 protest the emergency repair charge pursuant to subdivision four of this
 10 section.
 11 4. Property owners may protest an emergency repair charge by submit-
 12 ting their protest in writing and delivering it to the municipality on
 13 or before the payment due date listed on the statement of account. Such
 14 owner may request an invoice that supports the municipality's emergency
 15 repair charge prior to protesting the charge. Failure to protest an
 16 emergency repair charge within the time allowed negates the owner's
 17 right to contest the charge in any subsequent administrative or judicial
 18 proceeding.
 19 5. Each municipality shall notify owners of proper