S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5649

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                     May 26, 2009
                                      ___________

       Introduced  by  Sen.  ESPADA -- 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  administrative code of the city of New York, in
         relation to permitting access by property owners to dwelling units  in
         certain circumstances

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 27-2123 of the administrative code of the  city  of
    2  New York is amended to read as follows:
    3    S  27-2123  Court order of access to inspect premises.  a. (1) A judge
    4  of any civil court  of  competent  jurisdiction  may,  upon  appropriate
    5  application  by the department OF BUILDINGS OR THE DEPARTMENT OF HOUSING
    6  PRESERVATION AND DEVELOPMENT OR THE  FIRE  DEPARTMENT  supported  by  an
    7  affidavit  or  affirmation,  issue  an  order  directing  that access be
    8  provided to an officer or inspector of the department OF  BUILDINGS,  OR
    9  THE  DEPARTMENT  OF  HOUSING  PRESERVATION  AND  DEVELOPMENT OR THE FIRE
   10  DEPARTMENT to any premises or part thereof, whenever  an  inspection  of
   11  any  premises  or part thereof is required or authorized by any state or
   12  local law  or  regulation  or  entry  to  such  area  is  necessary  for
   13  correction of a condition violating such law or regulation.
   14    (2)  A  JUDGE  OF  ANY CIVIL COURT OF COMPETENT JURISDICTION MAY, UPON
   15  APPROPRIATE APPLICATION BY THE REGISTERED OWNER OR MANAGING AGENT OF ANY
   16  DWELLING OR MULTIPLE DWELLING PURSUANT TO SECTION 27-2008 OF  THIS  CODE
   17  OR  OTHER PROVISION OF LAW OR LEASE, SUPPORTED BY AN AFFIDAVIT OR AFFIR-
   18  MATION, ISSUE AN ORDER DIRECTING THAT ACCESS BE PROVIDED TO  SUCH  OWNER
   19  OR AGENT, TO ANY PREMISES OR PART THEREOF, WHENEVER AN INSPECTION OF ANY
   20  PREMISES OR PART THEREOF IS REQUIRED OR AUTHORIZED BY ANY STATE OR LOCAL
   21  LAW OR REGULATION OR ENTRY TO SUCH AREA IS NECESSARY FOR CORRECTION OF A
   22  CONDITION VIOLATING SUCH LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO
   23  UNLAWFUL  ALTERATIONS  SUCH  AS  THE INSTALLATION OF PARTITIONS OR OTHER

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11912-01-9
       S. 5649                             2

    1  FORMS OF ROOM DIVIDERS WITHOUT THE REQUISITE APPROVAL OF THE  DEPARTMENT
    2  OF  BUILDINGS,  THE  UNLAWFUL  USE OF ROOMS FOR LIVING PURPOSES, AND THE
    3  UNLAWFUL INSTALLATION OF LOCKING DEVICES  ON  ROOMS  USED  FOR  SLEEPING
    4  PURPOSES.
    5    b. If the application PURSUANT TO PARAGRAPHS ONE OR TWO OF SUBDIVISION
    6  A  OF THIS SECTION is found appropriate, the court may issue an order to
    7  show cause why the order of access should not be issued. If the respond-
    8  ent cannot with due diligence be served personally within the time fixed
    9  in such order, service may be made on such  person  by  posting  a  copy
   10  thereof in a conspicuous place in the premises to which access is sought
   11  and  by  sending  a  copy  thereof  by  certified  mail,  return receipt
   12  requested, to such person at his or her last known address.
   13    c. The court shall set in the order of access specific dates and times
   14  for access.
   15    d. The person, officer  or  inspector  gaining  access  shall,  before
   16  entry,  give  notice of his or her authority and purpose to any occupant
   17  of the premises and show such occupant the order or a copy thereof  upon
   18  request.
   19    e. Notwithstanding any other provision contained in section 27-2118 of
   20  article three of this subchapter, a person who after service of a certi-
   21  fied  copy  of  the  order  upon  such person does not provide access or
   22  refuses to allow access to the person authorized to enter may  be  found
   23  guilty of contempt of court and may be required to pay a fine of a maxi-
   24  mum  of  two  hundred  fifty dollars for willfully failing to provide or
   25  refusing to allow access. Service of the order shall  be  as  the  court
   26  directs or by personal service but if such cannot be made with due dili-
   27  gence  within  five  days,  service may be made by posting a copy of the
   28  order in a conspicuous place in the premises which is the subject of the
   29  order, and by sending a copy thereof by certified mail,  return  receipt
   30  requested,  to such person at his or her last known address. Such person
   31  shall not be in contempt of court or be required to pay a fine if he  or
   32  she  establishes  good and sufficient reason for a failure to be present
   33  when access was demanded.
   34    f. Nothing herein shall be deemed to authorize an officer or inspector
   35  of the department OR THE REGISTERED OWNER OR AGENT to enter any premises
   36  or part thereof if a person to  whom  an  order  is  directed  does  not
   37  provide or refuses access.
   38    g.  Nothing herein shall affect the validity of inspections authorized
   39  and conducted under any other provision of law, rule or regulation with-
   40  out the issuance of an inspection warrant as provided in this article.
   41    S 2. This act shall take effect immediately.