Bill Text: NY A01440 | 2011-2012 | General Assembly | Introduced

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Bill Title: Exempts cooperative and condominium board members from criminal liability for building, window guard, and multiple dwelling law violations except where they had knowledge that such law, or rule or regulation enacted pursuant thereto was being violated or where they intended to violate the law, rule or regulation.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-06-05 - reported referred to codes [A01440 Detail]

Download: New_York-2011-A01440-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1440
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 10, 2011
                                      ___________
       Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. AUBRY,
         COLTON,  GLICK, JACOBS, MILLMAN, PHEFFER, SCARBOROUGH -- read once and
         referred to the Committee on Housing
       AN ACT to amend the multiple dwelling law  and  the  multiple  residence
         law,  in  relation  to  defining  circumstances for the elimination of
         condominium and cooperative corporation officer and director  criminal
         liability
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 304 of the multiple  dwelling  law  is  amended  by
    2  adding a new subdivision 10-a to read as follows:
    3    10-A. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO CRIMI-
    4  NAL  LIABILITY OR PENALTY SHALL ATTACH TO ANY PERSON SERVING AS A VOLUN-
    5  TEER OFFICER OR MEMBER OF THE BOARD OF DIRECTORS OF A COOPERATIVE  HOUS-
    6  ING  CORPORATION  OR  OF  THE  BOARD OF MANAGERS OF A CONDOMINIUM FORMED
    7  PURSUANT TO ARTICLE NINE-B OF THE REAL PROPERTY  LAW,  ARISING  FROM  OR
    8  RELATING TO ANY VIOLATION OF ANY PROVISION OF THIS CHAPTER OR OF SECTION
    9  17-123  OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, AS ADDED BY
   10  LOCAL LAW NUMBER THIRTY-THREE OF THE CITY OF NEW YORK FOR THE YEAR NINE-
   11  TEEN HUNDRED EIGHTY-SIX, OR OF TITLE TWENTY-SEVEN OF SUCH ADMINISTRATIVE
   12  CODE, OR ANY RULE OR REGULATION PROMULGATED PURSUANT TO SUCH LAWS, WHERE
   13  SUCH VIOLATION RELATES TO THE PHYSICAL CONDITION OF THE MULTIPLE  DWELL-
   14  ING  OR  DWELLINGS  UNDER THE CONTROL OF SUCH COOPERATIVE HOUSING CORPO-
   15  RATION OR CONDOMINIUM, UNLESS SUCH VOLUNTARY OFFICER OR BOARD MEMBER  IS
   16  RESPONSIBLE  FOR  THE DAY TO DAY MANAGEMENT OF SUCH MULTIPLE DWELLING OR
   17  DWELLINGS OR SUCH VOLUNTARY OFFICER OR BOARD MEMBER:   (1)  INTENDED  TO
   18  VIOLATE  THE LAW, RULE OR REGULATION; (2) HAD ACTUAL KNOWLEDGE THAT SUCH
   19  LAW, RULE OR REGULATION WAS BEING VIOLATED; OR (3) HAD BEEN SERVED  WITH
   20  NOTICE  THAT  SUCH LAW, RULE OR REGULATION WAS BEING VIOLATED AND FAILED
   21  TO TAKE REMEDIAL ACTION WITHIN A REASONABLE PERIOD  OF  TIME  AFTER  THE
   22  RECEIPT OF SUCH NOTICE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04468-01-1
       A. 1440                             2
    1    (B)  FOR  THE PURPOSES OF THIS SUBDIVISION, AN OFFICER OR BOARD MEMBER
    2  SHALL NOT LOSE HIS OR HER STATUS AS A  PERSON  SERVING  WITHOUT  COMPEN-
    3  SATION  SOLELY  BY  REASON  OF  RECEIVING  PAYMENT FOR HIS OR HER ACTUAL
    4  INCURRED EXPENSES IN ATTENDING MEETINGS OR IN  OTHERWISE  EXECUTING  THE
    5  DUTIES OF SUCH OFFICER OR BOARD MEMBER, PROVIDED THAT NO SALARY OR OTHER
    6  REMUNERATION IS RECEIVED BY THE OFFICER OR BOARD MEMBER.
    7    S  2. Section 304 of the multiple residence law is amended by adding a
    8  new subdivision 3 to read as follows:
    9    3. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO  CRIMINAL
   10  LIABILITY  OR  PENALTY SHALL ATTACH TO ANY PERSON SERVING AS A VOLUNTEER
   11  OFFICER OR MEMBER OF THE BOARD OF DIRECTORS  OF  A  COOPERATIVE  HOUSING
   12  CORPORATION OR OF THE BOARD OF MANAGERS OF A CONDOMINIUM FORMED PURSUANT
   13  TO  ARTICLE NINE-B OF THE REAL PROPERTY LAW, ARISING FROM OR RELATING TO
   14  ANY VIOLATION OF ANY PROVISION OF THIS CHAPTER OR ANY  RULE  OR    REGU-
   15  LATION  PROMULGATED  PURSUANT TO SUCH LAWS, WHERE SUCH VIOLATION RELATES
   16  TO THE PHYSICAL CONDITION OF THE MULTIPLE DWELLING  OR  DWELLINGS  UNDER
   17  THE  CONTROL  OF  SUCH  COOPERATIVE  HOUSING CORPORATION OR CONDOMINIUM,
   18  UNLESS SUCH VOLUNTARY OFFICER OR BOARD MEMBER IS RESPONSIBLE FOR THE DAY
   19  TO DAY  MANAGEMENT OF SUCH MULTIPLE DWELLING OR DWELLINGS OR SUCH VOLUN-
   20  TARY OFFICER OR BOARD MEMBER: (1) INTENDED TO VIOLATE THE LAW,  RULE  OR
   21  REGULATION;  (2)  HAD ACTUAL KNOWLEDGE THAT SUCH LAW, RULE OR REGULATION
   22  WAS BEING  VIOLATED; OR (3) HAD BEEN SERVED WITH NOTICE THAT  SUCH  LAW,
   23  RULE  OR  REGULATION  WAS  BEING    VIOLATED AND FAILED TO TAKE REMEDIAL
   24  ACTION WITHIN A REASONABLE PERIOD OF TIME  AFTER  THE  RECEIPT  OF  SUCH
   25  NOTICE.
   26    (B)  FOR  THE PURPOSES OF THIS SUBDIVISION, AN OFFICER OR BOARD MEMBER
   27  SHALL NOT LOSE HIS OR HER STATUS AS A  PERSON  SERVING  WITHOUT  COMPEN-
   28  SATION  SOLELY  BY  REASON  OF  RECEIVING  PAYMENT FOR HIS OR HER ACTUAL
   29  INCURRED EXPENSES IN ATTENDING MEETINGS OR IN  OTHERWISE  EXECUTING  THE
   30  DUTIES OF SUCH OFFICER OR BOARD MEMBER, PROVIDED THAT NO SALARY OR OTHER
   31  REMUNERATION IS RECEIVED BY THE OFFICER OR BOARD MEMBER.
   32    S 3. This act shall take effect on the first of November next succeed-
   33  ing the date on which it shall have become a law.