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Bill

S 10088

Relates to the docketing of judgments imposing civil penalties for the violation of certain requirements imposed by the zoning resolution of the city of New York

2025 Regular Session Introduced by Brian Kavanagh and 1 co-sponsor

The bill standardizes how civil-penalty judgments from NYC zoning/housing enforcement are docketed and enforced, capping each judgment at $25,000.

REFERRED TO JUDICIARY
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WeVote Research Nonpartisan
Bill Summary · S 10088

Summary of Bill S. 10088 (Session 2025-2026, New York)

Purpose and intent

  • The bill modernizes and clarifies how judgments imposing civil penalties related to certain New York City zoning and housing enforcement provisions are docketed and entered as judgments.
  • It specifically relates to judgments arising from enforcement of civil penalties under the NYC zoning and housing provisions (as administered by various city agencies) and aligns docketing with existing state law governing judgments.

Key provisions and changes

  • Section 1 (County Law, §918 subdivision 4, amended):

    • Authorizes county clerks in each NYC county to maintain separate judgment docket volumes (or an equivalent computer/micrographic format) that list judgments entered against individuals, corporations, and other entities on behalf of:
    • Parking Violations Bureau
    • Environmental Control Board
    • Taxi and Limousine Commission
    • Department of Consumer and Worker Protection
    • Office of Administrative Trials and Hearings (OATH) when acting under specified NYC Administrative Code provisions
    • Commissioner of Jurors for NYC
    • For judgments entered on behalf of the Department of Consumer and Worker Protection, entries are limited to final decisions/orders that award restitution or monetary damages (to consumers/workers) and may include restitution with civil penalties or equitable relief.
    • The format may be paper (printed volumes) or, at the clerk’s discretion, alternative formats such as micrographic or computer retrievable data.
    • For parking violations bureau judgments, docketing applies only to entities with vehicles registered in NYC counties.

  • Section 2 (Renumbering of NYC Administrative Code sections):

    • Renumbers a block of NYC Administrative Code sections added in 2022 (local law 45) from 26-3001 … to 26-3020 as 26-3301 … to 26-3320, respectively. This is a housekeeping/organizational change to align numbering.

  • Section 3 (NYC Administrative Code, §26-3309, amended):

    • Clarifies enforcement of civil penalties under 26-3309:
    • Owners and other responsible parties who violate applicable affordable housing provisions or fail to comply with orders issued by the NYC Housing/Administrative agencies may be liable for civil penalties.
    • Final decisions or orders imposing civil penalties may be entered as judgments in the NYC Civil Court or other appropriate courts and enforced like money judgments.
    • Caps the judgment amount at $25,000.
    • Incorporates the NYC Charter’s order/penalty procedure for entry of final orders, with specific cross-references to related service and enforcement provisions.
    • Maintains service-related provisions that may be used in connection with civil summonses.

  • Section 4 (Effective date):

    • The act takes effect immediately and applies to actions and proceedings commenced on or after the effective date.

Who is affected

  • County clerks (in NYC counties) responsible for maintaining judgment dockets.
  • Agencies issuing civil penalties and final orders under NYC zoning, housing, and administrative provisions:
    • Parking Violations Bureau
    • Environmental Control Board
    • Taxi and Limousine Commission
    • Department of Consumer and Worker Protection
    • Office of Administrative Trials and Hearings (OATH)
    • NYC Commissioner of Jurors (as applicable to docketing)
  • Judgments themselves:
    • Final decisions or orders imposing civil penalties (and those awarding restitution or monetary damages) against individuals, corporations, and other entities.
    • Affected parties include building owners, architects, contractors, engineers, and others who violate NYC affordable housing provisions or related orders.

Procedural and timeline aspects

  • Docketing changes are effective immediately for this act, but relate to actions and proceedings commenced on or after the date of enactment.
  • Possible use of alternative data formats (micrographic/computer retrievable) for docket information, rather than traditional volumes.
  • Civil penalties upheld by administrative tribunals or OATH may be entered as judgments in the Civil Court of NYC or other appropriate courts and enforced like typical money judgments, with an explicit cap of $25,000 per judgment.
  • The reforms incorporate specifics from the NYC Charter regarding service and enforcement of final orders imposing penalties.

Potential impact and considerations

  • Streamlined docketing: A unified or standardized approach to docketing civil-penalty judgments could improve tracking, public access, and enforcement efficiency.
  • Accessibility of records: Electronic or micrographic formats may enhance retrieval and reduce physical storage needs.
  • Monetary cap: The $25,000 cap limits the size of individual civil-penalty judgments that can be entered as judgments, potentially affecting large penalties or multiple-penalty scenarios.
  • Compliance and enforcement: Explicit alignment with NYC Charter procedures helps ensure consistency in service and enforcement of penalties.
  • Administrative alignment: Renumbering of NYC Administrative Code sections appears aimed at modernization and internal consistency.

If you’d like, I can provide a side-by-side comparison of current law versus the bill’s proposed changes, or a quick below-the-fold summary for non-specialist readers.

Compiled from official sources — confirm details with the bill’s official record.

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