De Los Santos, Ardila, Burdick, Shimsky, Bichotte Hermelyn, Cruz, Taylor, Davila, Reyes
MLTSPNSR
Amd §382, Exec L; add §27-2114-a, NYC Ad Cd
Establishes a private right of action for tenants alleging a failure to keep and maintain self-closing doors; allows for a court to award compensatory damages, reasonable attorney's fees and court costs and issue an order to the owner of the building to remedy any issue with such doors.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6048
SPONSOR: Tapia TITLE OF BILL:
An act to amend the executive law and the administrative code of the
city of New York, in relation to establishing a private right of action
for tenants alleging a failure to keep and maintain self-closing doors
PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to provide tenants with a private right of action in the
event of a failure to keep and maintain self-closing doors.
SUMMARY OF PROVISIONS:
Section I amends section 382 of the executive law by adding a new subdi-
vision enabling a lawful occupant of a dwelling or a group of such occu-
pants in a building to pursue action in the event of failure to keep and
maintain self-closing doors before any court of competent jurisdiction.
Should the court find the owner of the alleged building in violation of
such uniform code, the court shall provide compensatory damages, puni-
tive damages at the discretion of the court as well as damages of one
thousand dollars at the election of each occupant and reasonable attor-
neys' fees and court costs to the occupants. Furthermore, the court
shall issue an order to the owner to rectify the conditions related to
such self-closing doors. The provisions of this subdivision do not
relieve occupants of their obligation to pay rent for which such occu-
pants are otherwise liable to an owner and are in addition to any other
remedies that may be provided for under common law or by other law or
rule. These provisions do not create any private right of action against
a local government or any agency or employee thereof.
Section II amends the administrative code of the city of New York by
adding a new section 272114-a, which enables a lawful occupant of a
dwelling unit or a group of such occupants in a building to pursue
action in the event of failure to keep and maintain self-closing doors
before any court of competent jurisdiction. Should the court find the
owner of the alleged building in violation of such uniform code, the
court shall provide compensatory damages, punitive damages at the
discretion of the court as well as damages of one thousand dollars at
the election of each occupant and reasonable attorneys' fees and court
costs to the occupants. Furthermore, the court shall issue an order to
the owner to rectify the conditions related to such self-closing doors.
The provisions of this subdivision do not relieve occupants of their
obligation to pay rent for which such occupants are otherwise liable to
an owner and are in addition to any other remedies that may be provided
for under common law or by other law or rule. These provisions do not
create any private right of action against a local government or any
agency or employee thereof.
Section III sets forth the effective date.
JUSTIFICATION:
As horrific incidents such as the Twin Parks apartment fire have shown,
fire safety and the prevention of residential fires must be prioritized
in order to protect occupants from such avoidable endangerment. In the
deadly Bronx fire, malfunctioning self-closing doors were linked to the
fast spread of the fire throughout the building.
Self-closing doors are crucial in minimizing the spread of fires and
poor maintenance of such doors is a fire hazard. Self-closing doors are
already required by both the New York State executive law and the New
York City Administrative Code. Unfortunately, there is too often poor
enforcement of these laws which leads to unsafe conditions for New York
residents without any other course of action. Under this legislation,
tenants would have a private right to action in the case of a failure to
keep and maintain self-closing doors.
PRIOR LEGISLATIVE HISTORY:
2022: Referred to governmental operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6048
2023-2024 Regular Sessions
IN ASSEMBLY
March 31, 2023
___________
Introduced by M. of A. TAPIA, DE LOS SANTOS -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law and the administrative code of the
city of New York, in relation to establishing a private right of
action for tenants alleging a failure to keep and maintain self-clos-
ing doors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 382 of the executive law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. a. A lawful occupant of a dwelling unit or a group of such occu-
4 pants in a building may bring an action alleging a violation of the
5 uniform code for failure to keep and maintain self-closing doors in any
6 court of competent jurisdiction. If such court finds that an owner of
7 such building is in violation of such uniform code, such court shall, in
8 addition to any other relief such court determines to be appropriate:
9 i. award to each such occupant (A) compensatory damages and, in such
10 court's discretion, punitive damages or (B) at the election of each
11 occupant, damages of one thousand dollars;
12 ii. award to such occupants reasonable attorneys' fees and court
13 costs; and
14 iii. issue an order to such owner to remedy the conditions related to
15 such self-closing doors.
16 b. Such occupant or occupants shall not be relieved of the obligation
17 to pay rent for which such occupant or occupants are otherwise liable to
18 an owner. Any monetary relief awarded to such occupant or occupants
19 pursuant to paragraph a of this subdivision shall be reduced by any
20 amount of delinquent rent or other sum for which such court finds such
21 occupant or occupants to be liable to such owner.
22 c. This subdivision does not limit or abrogate any claim or cause of
23 action a person has under common law or by other law or rule. The
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06119-01-3
A. 6048 2
1 provisions of this subdivision are in addition to any other remedies
2 that may be provided for under common law or by other law or rule.
3 d. Nothing contained in this subdivision shall be construed as creat-
4 ing any private right of action against a local government or any agency
5 or employee thereof.
6 § 2. The administrative code of the city of New York is amended by
7 adding a new section 27-2114-a to read as follows:
8 § 27-2114-a Private right of action. a. A lawful occupant of a dwell-
9 ing unit or a group of such occupants in a building may bring an action
10 alleging a violation of this code for failure to keep and maintain self-
11 closing doors in any court of competent jurisdiction. If such court
12 finds that an owner of such building is in violation of such code, such
13 court shall, in addition to any other relief such court determines to be
14 appropriate:
15 1. award to each such occupant (i) compensatory damages and, in such
16 court's discretion, punitive damages or (ii) at the election of each
17 occupant, damages of one thousand dollars;
18 2. award to such occupants reasonable attorneys' fees and court costs;
19 and
20 3. issue an order to such owner to remedy the conditions related to
21 such self-closing doors.
22 b. Such occupant or occupants shall not be relieved of the obligation
23 to pay rent for which such occupant or occupants are otherwise liable to
24 an owner. Any monetary relief awarded to such occupant or occupants
25 pursuant to subdivision a of this section shall be reduced by any amount
26 of delinquent rent or other sum for which such court finds such occupant
27 or occupants to be liable to such owner.
28 c. This section does not limit or abrogate any claim or cause of
29 action a person has under common law or by other law or rule. The
30 provisions of this section are in addition to any other remedies that
31 may be provided for under common law or by other law or rule.
32 d. Nothing contained in this section shall be construed as creating
33 any private right of action against the city or any agency or employee
34 thereof.
35 § 3. This act shall take effect on the ninetieth day after it shall
36 have become a law.
