Important Bill to Protect Sandy Victims

 

NEW YORK – A new bill introduced by Council Member Mark Treyger, Chair of the Council’s Committee on Recovery and Resiliency, seeks to prevent property owners, lessees, or occupants from receiving civil or criminal fines and penalties on Department of Buildings violations while city-operated natural disaster recovery programs are evaluating or have already scheduled their properties for repair or remediation. The legislation would also create a reimbursement program for anyone who has already been forced to pay a penalty. The bill’s parameters are likely to be expanded to include violations received from other city agencies, including the Department of Sanitation.

While this measure would provide help to many who have dealt with or are dealing with related issues stemming from the effects of Superstorm Sandy, it would also ensure that a fair enforcement policy is already in place in the unfortunate event of future disasters.

In addition, Treyger is also co-sponsoring Council Member Alan Maisel’s bill, which would prevent owners, lessees, or occupants from receiving fines or penalties on violations for work performed by city employees or third-parties contracted by the city.

Department of Buildings representatives testified at a Committee on Recovery and Resiliency hearing and said that the agency already has internal regulations to prevent these occurrences, but legal service providers also testifying at the hearing claimed to have had no prior knowledge of such regulations.

Multiple reports since Superstorm Sandy have described circumstances under which New Yorkers have received violations on their Sandy-damaged properties while awaiting to receive government assistance or after that assistance was given. For example, in October, 2014, a Brooklyn resident received a violation for failure to repair his Sandy-damaged property, despite, as he later testified in an administrative hearing, the NYC Build It Back Program having “investigated the damage” and that he “was waiting for promised financial relief and advised not to make any repairs until he received it.” The Environmental Control Board nevertheless upheld the violation and assessed a $500 penalty.

A February 2013 news report detailed the story of one Belle Harbor, Queens resident who claimed her house “nearly burned down” because an electrician’s work was “so shoddy,” and that a “city-hired inspector signed off on hazardous electrical work that was in violation of city safety code.” The New York City Rapid Repairs website provides information for homeowners who might have received a Notice of Violation or Notice of Deficiency from DOB, stating “[i]f the violation or deficiency was issued to the homeowner, it is the homeowner’s responsibility to resolve it.”

“People waiting for assistance from the City’s Build It Back program should not be issued a violation by the Department of Buildings and forced to pay a fine simply because the program had not yet repaired their property. It undermines the public’s trust, faith and willingness to participate in recovery programs. Nobody should be left worse off by the recovery process than if they never participated in it at all, and the onus should be on the city and contractors to comply with rules and regulations related to Sandy Recovery work, not residents. When the City makes you wait for repairs, you should not be penalized for it. And, when the City hires a contractor to perform recovery work on your house, you should not be penalized if the City or its contractor fails to do the work properly.”

– Council Member Mark Treyger, Co-Chair of the Brooklyn Delegation and Chair of the Committee on Recovery and Resiliency

“Council Member Treyger’s bill and the bill I introduced are common sense measures to ensure that property owners, lessees, or occupants are not unfairly penalized with violations while in the process of repairing or rebuilding after a natural disaster. It is unconscionable that the City would put violations on a property for work that is being done by the City operated Build It Back program.

“I commend Council Member Treyger for introducing this bill that would add another layer of protection to those who are still struggling to recover from Superstorm Sandy and those who may be affected in the event of any future disasters.”

– Council Member Alan Maisel

“We are committed to ensuring that proper safeguards are in place to make sure that victims of a natural disaster—already defeated by their losses and beaten down by bureaucracy—are not penalized with civil or criminal fines during their recovery. I want to thank Council Member Mark Treyger for introducing this legislation that would create a system to ensure that Sandy survivors and all future victims of natural disasters receive the fair treatment they deserve from all city agencies.”

– Bronx Borough President Ruben Diaz, Jr.

“I would like to commend Council Member Mark Treyger for introducing a bill that will help many of our constituents still dealing with the aftermath of Hurricane Sandy. The bill would also ensure that in the event of future storms, individuals will not be held responsible for violations received by Department of Buildings while they wait for city-regulated programs to evaluate their property for repairs or remediation. We know this has been a serious issue within our district for quite some time and thanks to this proposal not only would people be granted monetary reimbursements, but we would be able to ensure that the repairs being are actually up to the city’s safety code.”

– State Senator Diane J. Savino

“Superstorm Sandy was catastrophic for New Yorkers. The city-operated natural disaster recovery programs were created to help New Yorkers rebuild our community. In the aftermath of the Sandy created hardships, it is necessary that our legislation eliminates sanctions which created additional adversity for our citizens. I support Council Member Mark Treyger’s legislation to protect Sandy victims and alleviate civil or criminal penalties that were dispersed as a result of Sandy’s destruction.”

– State Senator Roxanne Persaud

“Families from Red Hook to Coney Island have had to deal with the effects of Superstorm Sandy for far too long. Instead of facing financial stress, they should be looking to government for help and not more aggravation. Homeowners have been receiving violations for shoddy repairs by city contractors. This is unacceptable. It would not be difficult to assess those responsible. I stand with Councilman Treyger and support Bill #1037.”

– Assembly Member Felix W. Ortiz, Assistant Speaker

“This proposed legislation is on point to address a weakness in the system meant to offer relief for property owners suffering from Superstorm Sandy. To penalize those waiting for assistance from the City’s Build It Back program with ECB and DOB violations is equivalent to pouring salt on an open wound. This legislation is demonstrative of the Council Member’s commitment to our community to assist in the recovery process post Sandy, and to continue encouraging an environment in which our constituents can heal and rebuild their lives in the district.”

– Assembly Member Pamela Harris

“Over a third of the homes that Hurricane Sandy ravaged in New York City are the homes of low-income people. The City’s Build it Back program will be rebuilding many of our client’s homes. Why then is the City’s Department of Buildings issuing citations and fines, ordering our clients to immediately repair a roof or stairs on a house that Build it Back will be tearing down? Our clients can’t understand how this can be happening to them. The proposed code amendments will stop these senseless penalties from further burdening people who have already been through a lot but are still persevering on the slow path to rebuilding their lives.”

– Margaret Becker, Director of Disaster Recovery, Legal Services NYC

“The Brooklyn Long Term Recovery Group supports Council Member’s Treyger calling for reimbursement for civil or criminal fines levied by the Department of Buildings on homes awaiting help from city-operated disaster assistance programs. We look forward to its potential for protecting residents from future city fines post-disaster.

“We also support Council Member Alan Maisel’s bill, which would prevent owners, lessees, or occupants from receiving fines or penalties on violations for work performed by city employees or third-parties contracted by the city.

“This legislation shows that our city truly values its residents and appreciates that recovery from disaster is a complicated process that should not be made more difficult by government regulations written for normal circumstances. We commend Council Members Treyger and Maisel for their efforts on behalf of their communities and all of New York City.”

– Brooklyn Long Term Recovery Group

“I applaud Councilman Treyger for introducing this bill and for his commitment to ensure that Sandy victims are protected from further abuses due to failures in the recovery process. While the response to help Sandy’s victims recover from its devastation was extremely generous, the void in oversight and compliance enforcement continues to be like a secondary cancer or a metastasis. The challenge for victims faced with civil or criminal fines and or penalties is insurmountable.”

– Dr. Edward Williams, Chair, Queens Rockaway Broad Channel Long Term Recovery Group

“The ongoing Sandy Recovery operations have been faced with many delays. We have seen many homeowners come forward with multiple violations from NYC agencies including the department of building and department of sanitation. The added stress and financial burdens of fines, many of which are out of their control and have significantly hindered their recovery process and overall recovery. The Staten Island Long Term Recovery Organization supports City Council Int. No. 1037 and City Council No. Int. 448 that would prevent homeowners, who have been waiting for help for more than three years, from being further penalized by the city’s inability to serve them in a timely manner.”

– Cassandra Missall, Director, Staten Island Long Term Recovery Organization

“Since Sandy, homeowners have received multiple fines and violations from city agencies, such as the Department of Buildings, while awaiting city-sponsored rebuild and elevation programs to complete work on their destroyed homes. These unfairly punitive actions add further, unnecessary distress to residents already struggling to recover. As an alliance of non-profit organizations serving Sandy affected residents and communities, The Queens Recovery Coalition appreciates and supports the City Council legislation (City Council Int. No. 1037 and No. Int. 448) that would prevent homeowners from being penalized for Sandy damage, while they await home repairs and mitigation.”

– Queens Recovery Coalition

“Thank goodness for Mark Treyger bringing clarity and shinning a light on a major problem for Sandy affected home owners! It wasn’t even a week after Sandy that the DOB issued our co-op several violations. We were also told that we should not begin repairs until Build it Back investigated, but we couldn’t wait or stop the critical repairs, as our concern was for the safety of our residents. So, on one hand we were told to wait and on the other the DOB was issuing violations.”

– Michael J. Silverman, Board President, Warbasse Houses