[Added 10-26-2005, approved 10-27-2005]
This article shall be known and may be cited as "Multiple Dwellings
with Chronic Violations" and added to the Housing Code Applicable
to Residential Premises.
The purpose of this article is to improve the conditions of
the City's multifamily housing stock, especially in those buildings
where there has been a history of routine and consistent neglect of
an owners responsibilities to comply with the City's housing
standards.
As used in this article, the following terms shall have the
meanings indicated:
A multiple dwelling has a chronic history of violations when,
at the discretion of the Commissioner of Buildings, its owner receives
five or more violations from the Building Department within a one-year
period for conditions that are either unsafe, unsanitary, deteriorated,
overcrowded or the result of inadequate maintenance of the premises
which may be dangerous to the health, safety or welfare of the inhabitants
thereof.
The owner of a multiple dwelling classified as having a chronic
history of violations.
For purposes of this chapter, a multiple dwelling is a dwelling
which is either rented, leased, let or hired out to be occupied, or
is occupied, as the residence or home of six or more families living
independently of each other.
A.
Whenever a multifamily dwelling is classified as having a chronic
history of violations, the Commissioner of Buildings shall immediately
notify the owner, in writing, of the building's classification
and of the other matters required by this article and, as soon as
practicable thereafter, shall commence a task force inspection and
investigation to determine if the premises is fit for human habitation.
At the same time that the Commissioner of Buildings notifies the owner
of the building's classification, the Commissioner, through the
office of the City Clerk, shall simultaneously notify the City Council
that the building has been so designated.
B.
The task force inspection shall be conducted in cooperation with
the Commissioner of Public Safety, Fire Commissioner, and any other
federal, state, or local agency that the Commissioner of Buildings
deems appropriate under the circumstances.
C.
A printed sign shall be conspicuously placed on the building notifying
the public that the building has been classified as having "Chronic
History of Building Code Violations" showing the name, address, and
telephone number of the owner and further indicating that the owner
is being prosecuted by the City for such violations.
Upon classifying a multiple dwelling as having a chronic history
of violations, the Commissioner of Buildings shall request a detailed
financial status report from the City Comptroller and other departments
showing any and all amounts of taxes and other charges owed to the
City of Mount Vernon by the owner of the building.
Within 10 days of the Commissioner of Buildings mailing the
notice described herein classifying a multiple dwelling as having
a chronic history of violations, the owner is required to provide
the following information to the Commissioner of Buildings (which
period may be extended up to 30 days by the Commissioner of Buildings
in his discretion, in writing):
A.
A report listing of all tenants residing in the building, showing
name, apartment number, and telephone number (if available).
B.
A report listing all security deposits collected by the owner from
each tenant and identifying the financial institution in which the
security deposits are held.
C.
A written plan, in sufficient detail for repairs and abatement of
conditions giving rise to the violations. The plan must show the time
periods for commencement and completion of repairs and must identify
contractors engaged by the owner to perform the work described.
D.
Failure to provide any of the required reports shall result in additional
violations being issued for noncooperation with the requirements of
this section with penalties of $500 per day for each day or part thereof
that the owner fails to file the report with the Building Commissioner.
This fine shall be in addition to all other fines imposed.
For each day that a multiple dwelling is classified as having
a chronic history of violations, the owner shall be liable for a mandatory
fine of $2,000 per day in addition to the other fines and penalties
under the Code of the City of Mount Vernon. In addition, the City
is hereby authorized to publish, on its website or through any other
means, the names and addresses of owners classified as chronic offenders.
The Commissioner of Buildings shall issue an order directing
the owner of a multiple dwelling classified as having a chronic history
of violations to take necessary action to abate any hazardous or dangerous
conditions within 24 hours. If the owner fails to take such action
within the time period specified, the Commissioner may proceed to
take the steps necessary to abate the danger or hazard, and the expense
of such abatement plus a service charge of 50% of the expense shall
be charged to the owner and recoverable by action of the Corporation
Counsel.
A.
The Commissioner of Buildings may order a building classified as
having a chronic history of violations unfit for human habitation
pursuant to this chapter and further order that the same be vacated
immediately.
B.
In such case, the Commissioner shall, pursuant to § 7-109
of the General Obligations Law, request the commencement of a proceeding
or action by the New York State Attorney General to have a court of
competent jurisdiction direct the financial institution(s) holding
tenant security deposits of the building so classified to hold the
same pending the outcome of the City's actions against the owner
for the violations set forth herein.
C.
Tenants may bring legal action for damages against an owner classified
as a chronic violator for constructive eviction as a result of unabated
chronic violations.
D.
Tenants may bring legal action for damages and injunctive relief
against an owner classified as a chronic offender for harassment and
retaliation for tenants pursuant to relevant state statutes.
E.
The classification of a dwelling with a chronic history of violations
shall be assertable as an affirmative defense, i.e., constructive
eviction, against any action brought by the landlord for possession
of the premises for nonpayment of rent.
F.
A tenant's choosing to bring civil action under this section
is in addition to any other remedies available and shall not be construed
as an election or waiver of the tenant's right to pursue any
other remedies.
The owner of a multiple dwelling that presently falls within
the definition of having a chronic history of violations may file
an application and a plan with the Commissioner of Buildings to bring
the building in compliance with the City Code. The application must
be filed within six months of the date of enactment of this chapter
and a certification from the Building Department that repairs are
completed within six months of the application (which time period
may be extended by the Commissioner of Buildings in his discretion).
All fines and penalties shall be waived if the owner timely makes
application and otherwise fulfills the requirements of this section.
The Commissioner of Buildings shall file a report with the City
Council each month. Such report shall set forth, in detail, the actions
taken with respect to each building that was classified as having
a chronic history of violations pursuant to this chapter.
