State Codes and Statutes

Statutes > New-york > Eng > Article-8 > 8-106

§  8-106. Administration and enforcement.  1. With respect to existing  buildings owned by the state, this article shall be administered by  the  commissioner  and  the  standards  enforced  by  the  office  of general  services  in  accordance  with  procedures  to  be  developed   by   the  commissioner  after  consultation with the commissioner of the office of  general services. The commissioner may request any department, division,  board, bureau,  commission,  or  other  state  agency  to  provide  such  information,   data  and  assistance  as  is  necessary  to  enable  the  commissioner to effectuate  the  purposes  of  this  article,  and  such  departments,  divisions,  boards,  bureaus,  commissions and other state  agencies are  authorized  to  provide,  to  the  extent  feasible,  such  information, data and assistance.    2.  With  respect to existing buildings owned by any municipality, the  administration  and  enforcement  of  the   standards   shall   be   the  responsibility   of   such   municipality   and   the   manner  of  such  administration and enforcement shall  be  prescribed  by  local  law  or  ordinance  or  by  order or resolution of the governing body of any such  municipality.    3. a. With respect to all other existing buildings, the administration  and enforcement of the standards shall  be  the  responsibility  of  the  office,  provided,  however,  that  the  commissioner  may enter into an  agreement with any city, town or village delegating all or part of  such  responsibility.  On  or before April first, nineteen hundred eighty, the  office shall adopt regulations  providing  for  the  administration  and  enforcement  of  such  standards  as  well  as  providing  for  the wide  dissemination of such standards to the general public. Such  regulations  shall  include  a  requirement  that  the owner of record of an existing  building or  a  real  estate  management  company  responsible  for  the  management  and  operation of any such building or the tenant or tenants  of leased premises in any such building, submit sworn statements to  the  office, or where applicable, to such a city, town or village, certifying  that  the  building  or  leased premises are in full compliance with the  standards, or alternatively, that the building or leased  premises  will  be  in  such  compliance  on  or  before October first, nineteen hundred  eighty-one.    b. Any person who knowingly  fails  to  submit  such  a  certification  statement  as  required  by  this subdivision or the regulations adopted  hereunder or who knowingly fails to bring  such  a  building  or  leased  premises  into  compliance with the standards by October first, nineteen  hundred eighty-one, shall be liable for a civil penalty  of  up  to  one  thousand  dollars. The attorney general is hereby authorized to commence  an action or special proceeding in any court of  competent  jurisdiction  in  the state in the name of the people of the state to recover any such  penalty,  or  for  injunctive  relief  to  compel  compliance  with  the  standards,  when  requested  to  do  so  by the commissioner. All monies  recovered in any such action or special proceeding,  together  with  the  costs thereof shall be paid into the state treasury to the credit of the  general  fund.  Any  such  action  or  proceeding  may be compromised or  discontinued on application of the commissioner upon such terms  as  the  court shall approve and order.    4. Where the commissioner has entered into an agreement with any city,  town  or  village, delegating all or part of the office's responsibility  for the administration and enforcement of the standards, any officer  or  department designated by a local law or ordinance of any such city, town  or  village  shall  have  power  to conduct investigations regarding the  compliance with the provisions of this subdivision and to  institute  an  action  or  special proceeding in any court of competent jurisdiction to  enjoin any violation of this subdivision  and  to  recover  the  penaltyspecified. All monies recovered in any such action or special proceeding  together  with  the costs thereof, shall be paid to the treasurer of any  such city, town or village and be available for any lawful city, town or  village purpose.

State Codes and Statutes

Statutes > New-york > Eng > Article-8 > 8-106

§  8-106. Administration and enforcement.  1. With respect to existing  buildings owned by the state, this article shall be administered by  the  commissioner  and  the  standards  enforced  by  the  office  of general  services  in  accordance  with  procedures  to  be  developed   by   the  commissioner  after  consultation with the commissioner of the office of  general services. The commissioner may request any department, division,  board, bureau,  commission,  or  other  state  agency  to  provide  such  information,   data  and  assistance  as  is  necessary  to  enable  the  commissioner to effectuate  the  purposes  of  this  article,  and  such  departments,  divisions,  boards,  bureaus,  commissions and other state  agencies are  authorized  to  provide,  to  the  extent  feasible,  such  information, data and assistance.    2.  With  respect to existing buildings owned by any municipality, the  administration  and  enforcement  of  the   standards   shall   be   the  responsibility   of   such   municipality   and   the   manner  of  such  administration and enforcement shall  be  prescribed  by  local  law  or  ordinance  or  by  order or resolution of the governing body of any such  municipality.    3. a. With respect to all other existing buildings, the administration  and enforcement of the standards shall  be  the  responsibility  of  the  office,  provided,  however,  that  the  commissioner  may enter into an  agreement with any city, town or village delegating all or part of  such  responsibility.  On  or before April first, nineteen hundred eighty, the  office shall adopt regulations  providing  for  the  administration  and  enforcement  of  such  standards  as  well  as  providing  for  the wide  dissemination of such standards to the general public. Such  regulations  shall  include  a  requirement  that  the owner of record of an existing  building or  a  real  estate  management  company  responsible  for  the  management  and  operation of any such building or the tenant or tenants  of leased premises in any such building, submit sworn statements to  the  office, or where applicable, to such a city, town or village, certifying  that  the  building  or  leased premises are in full compliance with the  standards, or alternatively, that the building or leased  premises  will  be  in  such  compliance  on  or  before October first, nineteen hundred  eighty-one.    b. Any person who knowingly  fails  to  submit  such  a  certification  statement  as  required  by  this subdivision or the regulations adopted  hereunder or who knowingly fails to bring  such  a  building  or  leased  premises  into  compliance with the standards by October first, nineteen  hundred eighty-one, shall be liable for a civil penalty  of  up  to  one  thousand  dollars. The attorney general is hereby authorized to commence  an action or special proceeding in any court of  competent  jurisdiction  in  the state in the name of the people of the state to recover any such  penalty,  or  for  injunctive  relief  to  compel  compliance  with  the  standards,  when  requested  to  do  so  by the commissioner. All monies  recovered in any such action or special proceeding,  together  with  the  costs thereof shall be paid into the state treasury to the credit of the  general  fund.  Any  such  action  or  proceeding  may be compromised or  discontinued on application of the commissioner upon such terms  as  the  court shall approve and order.    4. Where the commissioner has entered into an agreement with any city,  town  or  village, delegating all or part of the office's responsibility  for the administration and enforcement of the standards, any officer  or  department designated by a local law or ordinance of any such city, town  or  village  shall  have  power  to conduct investigations regarding the  compliance with the provisions of this subdivision and to  institute  an  action  or  special proceeding in any court of competent jurisdiction to  enjoin any violation of this subdivision  and  to  recover  the  penaltyspecified. All monies recovered in any such action or special proceeding  together  with  the costs thereof, shall be paid to the treasurer of any  such city, town or village and be available for any lawful city, town or  village purpose.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eng > Article-8 > 8-106

§  8-106. Administration and enforcement.  1. With respect to existing  buildings owned by the state, this article shall be administered by  the  commissioner  and  the  standards  enforced  by  the  office  of general  services  in  accordance  with  procedures  to  be  developed   by   the  commissioner  after  consultation with the commissioner of the office of  general services. The commissioner may request any department, division,  board, bureau,  commission,  or  other  state  agency  to  provide  such  information,   data  and  assistance  as  is  necessary  to  enable  the  commissioner to effectuate  the  purposes  of  this  article,  and  such  departments,  divisions,  boards,  bureaus,  commissions and other state  agencies are  authorized  to  provide,  to  the  extent  feasible,  such  information, data and assistance.    2.  With  respect to existing buildings owned by any municipality, the  administration  and  enforcement  of  the   standards   shall   be   the  responsibility   of   such   municipality   and   the   manner  of  such  administration and enforcement shall  be  prescribed  by  local  law  or  ordinance  or  by  order or resolution of the governing body of any such  municipality.    3. a. With respect to all other existing buildings, the administration  and enforcement of the standards shall  be  the  responsibility  of  the  office,  provided,  however,  that  the  commissioner  may enter into an  agreement with any city, town or village delegating all or part of  such  responsibility.  On  or before April first, nineteen hundred eighty, the  office shall adopt regulations  providing  for  the  administration  and  enforcement  of  such  standards  as  well  as  providing  for  the wide  dissemination of such standards to the general public. Such  regulations  shall  include  a  requirement  that  the owner of record of an existing  building or  a  real  estate  management  company  responsible  for  the  management  and  operation of any such building or the tenant or tenants  of leased premises in any such building, submit sworn statements to  the  office, or where applicable, to such a city, town or village, certifying  that  the  building  or  leased premises are in full compliance with the  standards, or alternatively, that the building or leased  premises  will  be  in  such  compliance  on  or  before October first, nineteen hundred  eighty-one.    b. Any person who knowingly  fails  to  submit  such  a  certification  statement  as  required  by  this subdivision or the regulations adopted  hereunder or who knowingly fails to bring  such  a  building  or  leased  premises  into  compliance with the standards by October first, nineteen  hundred eighty-one, shall be liable for a civil penalty  of  up  to  one  thousand  dollars. The attorney general is hereby authorized to commence  an action or special proceeding in any court of  competent  jurisdiction  in  the state in the name of the people of the state to recover any such  penalty,  or  for  injunctive  relief  to  compel  compliance  with  the  standards,  when  requested  to  do  so  by the commissioner. All monies  recovered in any such action or special proceeding,  together  with  the  costs thereof shall be paid into the state treasury to the credit of the  general  fund.  Any  such  action  or  proceeding  may be compromised or  discontinued on application of the commissioner upon such terms  as  the  court shall approve and order.    4. Where the commissioner has entered into an agreement with any city,  town  or  village, delegating all or part of the office's responsibility  for the administration and enforcement of the standards, any officer  or  department designated by a local law or ordinance of any such city, town  or  village  shall  have  power  to conduct investigations regarding the  compliance with the provisions of this subdivision and to  institute  an  action  or  special proceeding in any court of competent jurisdiction to  enjoin any violation of this subdivision  and  to  recover  the  penaltyspecified. All monies recovered in any such action or special proceeding  together  with  the costs thereof, shall be paid to the treasurer of any  such city, town or village and be available for any lawful city, town or  village purpose.