Section 8-106. Administration and enforcement  


Latest version.
  • 1. With respect to existing
      buildings owned by the state, this article shall be administered by  the
      commissioner  and  the  standards  enforced  by  the  office  of general
      services  in  accordance  with  procedures  to  be  developed   by   the
      commissioner  after  consultation with the commissioner of the office of
      general services. The commissioner may request any department, division,
      board, bureau,  commission,  or  other  state  agency  to  provide  such
      information,   data  and  assistance  as  is  necessary  to  enable  the
      commissioner to effectuate  the  purposes  of  this  article,  and  such
      departments,  divisions,  boards,  bureaus,  commissions and other state
      agencies are  authorized  to  provide,  to  the  extent  feasible,  such
      information, data and assistance.
        2.  With  respect to existing buildings owned by any municipality, the
      administration  and  enforcement  of  the   standards   shall   be   the
      responsibility   of   such   municipality   and   the   manner  of  such
      administration and enforcement shall  be  prescribed  by  local  law  or
      ordinance  or  by  order or resolution of the governing body of any such
      municipality.
        3. a. With respect to all other existing buildings, the administration
      and enforcement of the standards shall  be  the  responsibility  of  the
      office,  provided,  however,  that  the  commissioner  may enter into an
      agreement with any city, town or village delegating all or part of  such
      responsibility.  On  or before April first, nineteen hundred eighty, the
      office shall adopt regulations  providing  for  the  administration  and
      enforcement  of  such  standards  as  well  as  providing  for  the wide
      dissemination of such standards to the general public. Such  regulations
      shall  include  a  requirement  that  the owner of record of an existing
      building or  a  real  estate  management  company  responsible  for  the
      management  and  operation of any such building or the tenant or tenants
      of leased premises in any such building, submit sworn statements to  the
      office, or where applicable, to such a city, town or village, certifying
      that  the  building  or  leased premises are in full compliance with the
      standards, or alternatively, that the building or leased  premises  will
      be  in  such  compliance  on  or  before October first, nineteen hundred
      eighty-one.
        b. Any person who knowingly  fails  to  submit  such  a  certification
      statement  as  required  by  this subdivision or the regulations adopted
      hereunder or who knowingly fails to bring  such  a  building  or  leased
      premises  into  compliance with the standards by October first, nineteen
      hundred eighty-one, shall be liable for a civil penalty  of  up  to  one
      thousand  dollars. The attorney general is hereby authorized to commence
      an action or special proceeding in any court of  competent  jurisdiction
      in  the state in the name of the people of the state to recover any such
      penalty,  or  for  injunctive  relief  to  compel  compliance  with  the
      standards,  when  requested  to  do  so  by the commissioner. All monies
      recovered in any such action or special proceeding,  together  with  the
      costs thereof shall be paid into the state treasury to the credit of the
      general  fund.  Any  such  action  or  proceeding  may be compromised or
      discontinued on application of the commissioner upon such terms  as  the
      court shall approve and order.
        4. Where the commissioner has entered into an agreement with any city,
      town  or  village, delegating all or part of the office's responsibility
      for the administration and enforcement of the standards, any officer  or
      department designated by a local law or ordinance of any such city, town
      or  village  shall  have  power  to conduct investigations regarding the
      compliance with the provisions of this subdivision and to  institute  an
      action  or  special proceeding in any court of competent jurisdiction to
      enjoin any violation of this subdivision  and  to  recover  the  penalty
    
      specified. All monies recovered in any such action or special proceeding
      together  with  the costs thereof, shall be paid to the treasurer of any
      such city, town or village and be available for any lawful city, town or
      village purpose.