Contact: Colleen Roche (212) 788-2958, Jennifer Chait (212) 788-8479
The last bill before me this afternoon is Introductory Number 1008-A, sponsored at my request by Council Members Eisland and Fisher. This bill amends the Administrative Code of the City of New York in relation to violations of the Landmarks Preservation and Historic Districts Law.
This legislation will enhance the enforcement powers of the Landmarks Preservation Commission and improve compliance with the Landmarks Law by City building owners and tenants. This bill authorizes the Commission to seek civil and administrative penalties for violations and enhances criminal penalties for violations of the Landmarks Law.
Specifically, Intro. 1008-A defines two new categories of violations of the Landmarks Law. First, it defines Type A violations, which are issued for un- permitted work on a landmark that alters or destroys a significant portion of the decorative or architectural features. First-time Type A violators may be fined up to $5,000, and up to $250 every day thereafter if a violation is not cured within a specified time.
All other violations of the Landmarks Law are categorized as Type B violations, except for demolition by neglect. First-time Type B violators may be fined up to $500, and up to $50 every day thereafter if a violation is not cured within a specified time period. These violations may be adjudicated in administrative or civil court, and whenever necessary, the Commission may also seek an injunction to halt or repair such illegal work. This bill also retains the existing criminal enforcement powers of the Commission, but increases the amount of criminal fines to up to $10,000.
Notably, Intro. 1008-A provides violators two grace periods in which they can cure their violations without incurring fines. After these two grace periods expire, violators will be liable for penalties.
The Commission does not currently have the power to enforce its rules and regulations by imposing civil or administrative penalties against violators of the Landmarks Law. The existing law authorizes criminal actions as well as civil injunctions. However, due to the severity of these penalties and the lengthy and costly adjudication process involved, these forms of enforcement are rarely used. Furthermore, because tenants and contractors know that these penalties are rarely sought, the existing enforcement system does not deter violations nor does it advance the preservation of this City’s historic resources.
For the first time, this bill provides the Commission with an effective enforcement tool to encourage compliance with the Landmarks Law. Although enforcement will be more effective, this bill is fair and flexible.
I will now turn to the bill’s sponsors, other elected officials and then to any one else who wishes to speak for or against this bill. For the reasons previously stated, I will now sign the bill.