ยง 8-106. Administration and enforcement. 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.