A new NY law strengthens building code enforcement. Here's what it means for Rockland:
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Property owners who repeatedly violate building codes and fail to correct potentially dangerous conditions will face mandatory penalties under a law signed by Gov. Kathy Hochul.
The law, sponsored by Assemblyman Kenneth Zebrowski, D-New City, adds to the current penalties by imposing a minimum fine of $25 a day after 180 days of a property being in violation. An unaddressed violation after 360 days would bring a minimum penalty of $50 a day.
The maximum code violation penalty remains $1,000 a day that could be levied by a judge. But Zebrowski said the amount is rarely imposed so he and state Sen. Rachel May, D-Onondaga, proposed strengthening code violation penalties.
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Zebrowski and May said the tougher fine structure is meant to push municipal governments to act faster on properties that are not up to code and have languished for months with token fines put in place.
Building code violations, enforcement, and adequate penalties with deterrence have been an issue across Rockland. Critics have especially focused on Ramapo, its villages, and Spring Valley.
The law received a thumbs up with a cautionary warning from the head of the Rockland Illegal Housing Task Force and Private Schools, which monitors and reports building violations to the county and local building departments.
"It's a step in the right direction," Justin Schwartz said. "But we know they can pass as many laws as we want but if they are not enforced, what good comes from it?"
Enforcing penalties
Currently, property owners have a 30-day cure period to correct the issue before being subject to court action and fines. After the cure period, judges have the discretion of setting fines from a cent to $1,000 a day.
Zebrowski and May said far too often, municipalities allow code violations to languish for months with token fines that are seen as the cost of doing business for owners.
“While the $1,000 a day maximum is a severe penalty, the truth is, it is almost never used," Zebrowski said. "In fact, far too many violations can languish for months or years without any fines actually being levied."
Zebrowski and May said establishing mandatory minimum fines, this new law will ensure some financial penalties start to accrue after a violation remains unabated. Zebrowski said the time is long overdue for "the culture of ‘build now, ask for forgiveness later’ to end."
Schwartz said a main issue is local judges and municipal prosecutors are more interested in getting compliance with the fire and building codes than sending a message of deterrence with heavy fines. Taskforce members who attend court sessions report judges adjourn cases, those accused show up without attorneys and few trials are held. Cases can linger for months, if not years, without fines or compliance.
"There are numerous cases, Ramapo in particular, where the violations cited never see any significant repercussions," Schwartz said. "When death happens, the fines kick in. The system is badly broken."
Ramapo, Spring Valley scrutinized
The state had assigned monitors to the Ramapo and Spring Valley building departments to oversee enforcement and inspections. A monitor remains in Spring Valley but has been removed from Ramapo when the state felt minimum standards had been met.
A March fatal fire at the adult home in Spring Valley highlighted concerns among first responders and advocates. A firefighter, Jared Lloyd, and a resident died in the adult home blaze during which firefighters evacuated 112 people. SIx people — including building inspectors — have been charged as a result of the fire to Evergreen Court Home for Adults, as investigators probe the inspection history of the facility.
During a state Senate hearing on code enforcement, Ramapo officials and state code watchdogs came under criticism for lackluster enforcement and bending to special interests.
The Senate hearing concluded New York's building codes needed improvement and stricter enforcement.
"The key takeaway from this investigation is that there has been a systematic failure to adequately prioritize code enforcement at all levels of government," said state Sen. James Skoufis, who leads the Senate Committee on Investigations and Government Operations.
Skoufis and Zebrowski, along with Rockland County Executive Ed Day, have been critical of municipal enforcement. Day assigned the health department to enforce sanitary codes across the county through the Rockland Codes Initiative.
Ramapo Supervisor Michael Specht has defended the town, contending improvements have been made in enforcement and documenting permits since he took office in 2018.
Specht said the town has put in new procedures and hired more personnel, now up to nine full-time building and fire inspectors and one part-time fire inspector in training. He's said he's reached out to the fire departments — where a lot of the criticism lingers — without much response.
Lawmakers behind the new law said code violations can have dangerous impacts for residents and first responders. And they said the new fines are meant to end a culture of poor compliance.
“Across New York, many renters live under absentee landlords and fear that landlords will retaliate if they report code violations in their homes," May said. "This legislation has the teeth to hold repeat offenders accountable for their bad management practices by denying them access to more properties and implementing increasing fines for failure to fix existing issues in their current properties."
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com. Twitter: @lohudlegal. Read more articles and bio. Our local coverage is only possible with support from our readers.
This article originally appeared on Rockland/Westchester Journal News: Building code enforcement in New York state strengthened by recent law
