File #: Int 0433-2024    Version: * Name: A report on hearings concerning department of buildings violations that are adjourned by the office of administrative trials and hearings.
Type: Introduction Status: Committee
Committee: Committee on Governmental Operations, State & Federal Legislation
On agenda: 2/28/2024
Enactment date: Law number:
Title: A Local Law to amend the New York city charter, in relation to a report on hearings concerning department of buildings violations that are adjourned by the office of administrative trials and hearings
Sponsors: Pierina Ana Sanchez, Lincoln Restler, Amanda Farías, Tiffany Cabán, Julie Menin, Diana I. Ayala, Farah N. Louis, Carlina Rivera , Yusef Salaam, Gale A. Brewer, Julie Won
Council Member Sponsors: 11
Summary: This bill would require the Chief Administrative Law Judge of the Office of Administrative Trials and Hearings (OATH) to submit an annual report to the Speaker of the Council and the Mayor on notices of violation issued by the Department of Buildings during the preceding 12 months, in connection with which OATH adjourned hearings at least twice. This report would have to detail for each borough: (1) the total number of these notices of violations; (2) a table indicating for each notice of violation the total number of hearing adjournments granted and the address of the property associated with the notice of violation; (3) the percentages of these notices of violation for which the underlying violation was sustained, dismissed, or settled; and (4) the average time, in days, taken by OATH to reach a final decision in connection with these notices of violation.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 433, 2. Int. No. 433, 3. February 28, 2024 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 2-28-24

Int. No. 433

 

By Council Members Sanchez, Restler, Farías, Cabán, Menin, Ayala, Louis, Rivera, Salaam, Brewer and Won

 

A Local Law to amend the New York city charter, in relation to a report on hearings concerning department of buildings violations that are adjourned by the office of administrative trials and hearings

 

Be it enacted by the Council as follows:

 

Section 1. Section 1049 of chapter 45-A of the New York city charter is amended by adding a new subdivision 8 to read as follows:

8. No later than 6 months after the effective date of the local law that added this subdivision, and annually thereafter, the chief administrative law judge shall submit to the speaker of the council and the mayor a report regarding notices of violation issued by the department of buildings during the preceding 12 months in connection with which an administrative law judge or a hearing officer of the office of administrative trials and hearings granted 2 or more hearing adjournments. The report shall include the following information, disaggregated by borough:

(a) The total number of such notices of violation;

(b) A table in which each row references each such notice of violation, and that includes the following information set forth in separate columns:

(i) A unique identifier designating the notice of violation;

(ii) The number of hearing adjournments granted in connection with the notice of violation; and

(iii) The address of the property that is the subject of the notice of violation;

(c) The percentage of such notices of violation for which the underlying violation was sustained after a hearing;

(d) The percentage of such notices of violation for which the underlying violation was dismissed after a hearing;

(e) The percentage of such notices of violation for which the underlying violation was settled; and

(f) The average length of time, in days, taken by the office of administrative trials and hearings to reach a final decision, whether sustainment, dismissal, or settlement, on the underlying violations of such notices of violation.

§ 2. This local law takes effect immediately. APM

LS #9943

1/30/2024 9:20 AM