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Senate passes bill (A.3126B) requiring municipalities to notify complainants of code-enforcement outcomes; sponsors and opponents debate costs and FOIL
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Summary
The Senate passed Assembly bill 3126B (calendar 2 36), requiring municipalities to send complainants a copy of the complaint and a subsequent resolution by certified/registered mail or in-person delivery; sponsors framed it as a public‑safety and government‑responsiveness measure, opponents warned of administrative burden and FOIL exposure.
The New York State Senate considered and passed Assembly bill 3126B (calendar 2 36) on April 22. The bill requires municipalities to provide complainants with a copy of the complaint and later a resolution of that complaint, delivered by certified or registered mail, in-person service, or other means. Sponsors argued the measure increases transparency and public safety; opponents said it imposes new burdens on understaffed local building departments and could raise unintended open-records (FOIL) issues.
Sponsor Senator Skoufis (identified on the floor) told colleagues the bill’s intent is to ensure complainants "receive some comfort" by learning whether a potentially dangerous situation has been addressed. He said the requirement applies to the State Energy Conservation Code, the Uniform Fire Prevention and Building Code, and local building codes, and confirmed it covers orders to remedy as well as violations. He estimated the per-notice postage cost at about $6 and, using Glen Cove as an illustrative example, characterized the overall cost to municipalities as a small fraction of their budgets.
Senator Rhodes expressed concern that, without an exemption from FOIL, complainant information could be exposed to property owners and other third parties. He announced he would vote against the bill citing that risk. Senator Martins and Senator C. Fitzpatrick also opposed the measure on the grounds it would create administrative costs and divert local staff time from enforcement and permitting work; Martins questioned whether the bill would compel jurisdictions that rely on anonymous phone complaints to change long-standing practices.
Supporters, including Senator Meir and Senator Helbing, said the bill responds to a real constituent complaint: people file reports and receive no follow-up, and this measure would give them written notice of outcomes. Senator Skoufis said the secretary of state may promulgate regulations to manage details such as redactions and acceptable forms of delivery.
The Senate restored the measure to the noncontroversial calendar and, following explanation of votes and roll call, the presiding officer announced the bill passed with 47 ayes and 11 nays. The chamber record lists senators voting in the negative on the bill. Sponsors described the bill as improving notice and safety; opponents said it imposes real costs on municipalities and raised concerns about anonymity and FOIL implications. The bill was returned to further processing for enactment as indicated in the calendar procedures.
