Bill Text: NY A02215 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing illegal housing laws and regulations.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced - Dead) 2016-01-06 - referred to local governments [A02215 Detail]

Download: New_York-2015-A02215-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2215
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by M. of A. MONTESANO, MILLER, RAIA -- Multi-Sponsored by --
         M. of A. TENNEY -- read once and referred to the  Committee  on  Local
         Governments
       AN  ACT  to  amend  the general municipal law, in relation to authorized
         on-site inspections of housing in violation of zoning laws
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  general  municipal  law  is  amended by adding a new
    2  section 99-x to read as follows:
    3    S 99-X. INSPECTION AUTHORIZED.  ANY ADVERTISEMENT OR LISTING,  INCLUD-
    4  ING,  BUT  NOT LIMITED TO, NEWSPAPER, "PENNYSAVER" OR SUPERMARKET PAPER,
    5  ADVERTISING FLYER, INTERNET LISTING, ELECTRONIC MAIL LIST OR OTHER LIST-
    6  ING, OFFERING FOR RENT ANY RESIDENTIAL DWELLING UNIT IN EXCESS  OF  THAT
    7  PERMITTED  BY  THE  APPLICABLE  ZONING CODE OR LAW OR ANY CERTIFICATE OF
    8  OCCUPANCY OR CERTIFICATE OF PRIOR NON-CONFORMING USE ON  FILE  WITH  THE
    9  MUNICIPAL  OR GOVERNMENTAL ENTITY HAVING JURISDICTION OVER THE PREMISES,
   10  SHALL CREATE A REBUTTABLE PRESUMPTION THAT SUCH USE VIOLATES SUCH  CODE,
   11  LAW  OR  CERTIFICATE,  WHICH  PRESUMPTION  SHALL  BE SUFFICIENT CAUSE TO
   12  AUTHORIZE, UNDER THIS SECTION,  UPON  OBTAINING  A  SEARCH  WARRANT,  AN
   13  ON-SITE  INSPECTION  BY A MUNICIPAL HOUSING OR BUILDING INSPECTOR OR TAX
   14  ASSESSOR FOR THE LIMITED  PURPOSE  OF  CONFIRMING  COMPLIANCE  WITH  THE
   15  APPLICABLE  ZONING CODE OR LAW AFFECTING THE PREMISES, OR CERTIFICATE OF
   16  OCCUPANCY, CERTIFICATE OF PRIOR NON-CONFORMING USE OR ANY OTHER  CERTIF-
   17  ICATE,  NOTICE,  FORM OR OTHER DOCUMENT RELATING TO AUTHORIZED OCCUPANCY
   18  OR USAGE WHICH IS ISSUED BY A MUNICIPAL OR  GOVERNMENTAL  ENTITY  HAVING
   19  JURISDICTION  OVER  SUCH MATTERS.  PURSUANT TO THIS SECTION, SUCH ADVER-
   20  TISEMENT OR LISTING MAY CONSTITUTE PROBABLE CAUSE FOR THE ISSUANCE OF  A
   21  SEARCH  WARRANT  PURSUANT  TO ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
   22  PROCEDURE LAW.
   23    A NOTICE OF VIOLATION MAY BE ISSUED TO THE OWNER OF THE  PREMISES,  AT
   24  THE  ADDRESS LISTED ON THE LATEST AVAILABLE TAX ASSESSOR'S RECORDS, UPON
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05085-01-5
       A. 2215                             2
    1  DELIVERY OF WHICH THE OWNER SHALL HAVE AT LEAST SEVEN  DAYS  TO  PROVIDE
    2  PROOF  OF  COMPLIANCE  WITH  THE  ZONING CODE OR LAW OR CERTIFICATE. THE
    3  PRODUCTION OF PROOF OF COMPLIANCE SHALL SERVE TO REBUT  THE  PRESUMPTION
    4  AND NO SUMMONSES, VIOLATIONS OR APPEARANCE TICKETS SHALL BE ISSUED.
    5    S 2. This act shall take effect immediately.