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Council reviews draft to allow emergency access and administrative hearings for unsafe-occupied buildings
Summary
Council members and legal staff discussed a proposed amendment to the unsafe-building law enabling emergency access to occupied buildings, short administrative hearings within five days, and an administrative inventory-and-storage procedure for property removed during emergency clearances.
City officials and counsel reviewed a draft amendment to the city's unsafe-building law that would allow emergency access to buildings deemed unsafe, permit immediate law-enforcement entry in urgent situations, inventory and store personal property removed during an emergency clearance, and then hold an administrative hearing within five days to determine occupants' rights.
Legal staff said the amendment is intended to shorten the time required to address occupied unsafe buildings without immediate court proceedings. Under the draft, following an emergency clearance the city would post notice and hold an administrative hearing in which the public safety commissioner reviews credible evidence and may issue subpoenas; failure to comply with a subpoena could be filed as contempt in New York State court. The burden of proof at the administrative hearing would be on occupants to show they had permission to occupy the building, counsel said.
Supporters said the proposal is aimed at squatters and other situations where there is an immediate hazard and waiting for a judicial eviction would delay remediation. A legal advisor told the council the proposal creates an administrative pathway to resolve unsafe-occupancy emergencies while preserving due-process by providing a hearing and limited appeal. Council staff said final language would be circulated once clarified with corporation counsel and the public safety commissioner.
The council did not take a final vote; staff said they would finalize text and share revisions with council members.
