Bill Text: NY A04191 | 2019-2020 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2020-07-16 - held for consideration in local governments [A04191 Detail]

Download: New_York-2019-A04191-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4191
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by  M.  of  A. MONTESANO, M. G. MILLER, RAIA, THIELE -- 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    §  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
    25  delivery  of  which  the owner shall have at least seven days to provide
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08293-01-9
        A. 4191                             2
     1  proof of compliance with the zoning code  or  law  or  certificate.  The
     2  production  of  proof of compliance shall serve to rebut the presumption
     3  and no summonses, violations or appearance tickets shall be issued.
     4    § 2. This act shall take effect immediately.