N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-6.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1208-6.3 - Complaints

(a) General. A complaint alleging that a building safety inspector or code enforcement official has materially failed to uphold his or her code enforcement duties may be submitted to the department. Any such complaint must:

(1) be in writing on a form provided by or otherwise acceptable to the department;

(2) identify the building safety inspector or code enforcement official who is alleged to have materially failed to uphold his or her duties (such a building safety inspector or code enforcement official being hereinafter referred to as the "subject person");

(3) identify the authority having jurisdiction that employs or otherwise uses the services of the subject person;

(4) include a statement of the acts or omissions of the subject person that are alleged by the complainant to constitute a material failure to uphold the subject person's code enforcement duties;

(5) include the complainant's agreement to cooperate with any investigation conducted by the department and/or by any authority having jurisdiction;

(6) include the complainant's name, address, and contact information; and

(7) be signed by the complainant.

(b) Review. The department will review the complaint to determine if the complaint states, on its face, an allegation that the subject person has materially failed to uphold his or her code enforcement duties. The department shall be permitted, but not required, to contact the complainant to request additional information or documentation related to the complaint.

(c) Preliminary determination. If the department determines that the complaint, on its face, does not state an allegation that the subject person has materially failed to uphold his or her code enforcement duties, the department will notify the complainant of that determination, and the department will take no further action with respect to the complaint. If the department determines that the complaint, on its face, does state an allegation that the subject person has materially failed to uphold his or her code enforcement duties, the department shall investigate the complaint and/or refer the complaint to the appropriate authority having jurisdiction, as provided in section 1208-6.4 of this Part.

(d) Providing copies of complaint. Without regard to the determination made by the department pursuant to subdivision (c) of this section, the department shall be permitted, but not required, to submit a copy of such complaint and any supporting information and documentation provided to the department by the complainant to each authority having jurisdiction that employs or otherwise uses the services of the subject person. In addition, if the complaint relates to an inspection performed pursuant to section 807-a of the Education Law, the department shall be permitted, but not required, to submit a copy of such complaint and any supporting information and documentation provided to the department by the complainant to the school authorities in charge of the subject school and to the New York State Department of Education. To the extent required by the Personal Privacy Protection Law (Article 6-A of the Public Officers Law), the department shall redact the complainant's name, address, and contact information, and any other "personal information" (as that term is defined in Public Officers Law section 92(7)), from copies submitted to an authority having jurisdiction or to any other person or entity pursuant this subdivision.

(e) Actions taken without a complaint. This section shall not be construed as requiring the department to receive a formal complaint under this section before the department is authorized to conduct an investigation; to refer a matter to an authority having jurisdiction for investigation; to conduct a hearing; and otherwise to take steps to suspend or revoke the certification of a building safety inspector or code enforcement official who may have materially failed to uphold his or her code enforcement duties.

N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-6.3

Adopted New York State Register August 22, 2018/Volume XL, Issue 34, eff. 8/22/2018