Bill Text: NY A04724 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to liability of owners of illegal rentals if a resident or certain other person is injured or dies related to such owner's negligent maintenance of such illegal rental.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2014-06-02 - held for consideration in judiciary [A04724 Detail]

Download: New_York-2013-A04724-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4724
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 8, 2013
                                      ___________
       Introduced  by  M.  of  A. MONTESANO, STEVENSON, MILLER -- read once and
         referred to the Committee on Judiciary
       AN ACT to amend the general municipal law and the penal law, in relation
         to liability of owners of illegal rentals if  a  resident  or  certain
         other  person  is  injured  or  dies related to such owner's negligent
         maintenance of such illegal rental
         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. LIABILITY OF OWNERS OF ILLEGAL RENTALS.  IN THE CASE OF  SERI-
    4  OUS  INJURY  OR  DEATH  OF  ANY RESIDENT OF AN ILLEGAL RENTAL, OR PERSON
    5  INVOLVED IN RESCUING OR ASSISTING VICTIMS LIVING IN AN  ILLEGAL  RENTAL,
    6  THE  OWNER  OF  SUCH ILLEGAL RENTAL SHALL BE PRESUMED LIABLE PURSUANT TO
    7  SECTIONS 120.20 AND 125.10 OF THE PENAL LAW.
    8    S 2. The first undesignated paragraph of section 120.20 of  the  penal
    9  law is amended to read as follows:
   10    A person is guilty of reckless endangerment in the second degree when:
   11    (A)  he  OR SHE recklessly engages in conduct which creates a substan-
   12  tial risk of serious physical injury to another person; OR
   13    (B) HE OR SHE IS AN OWNER OF AN ILLEGAL RENTAL UNIT AND A RESIDENT  OF
   14  SUCH  UNIT  IS  A  VICTIM  OF SUCH OWNER'S NEGLIGENT MAINTENANCE OF SUCH
   15  RENTAL, OR A PERSON INVOLVED IN RESCUING OR ASSISTING  SUCH  VICTIMS  IN
   16  SUCH ILLEGAL RENTAL SUFFERS SERIOUS PHYSICAL INJURY.
   17    S  3.  The first undesignated paragraph of section 125.10 of the penal
   18  law is amended to read as follows:
   19    A person is guilty of criminally negligent homicide when[,]:
   20    (A) with criminal negligence, he OR SHE causes the  death  of  another
   21  person; OR
   22    (B)  HE OR SHE IS AN OWNER OF AN ILLEGAL RENTAL UNIT AND A RESIDENT OF
   23  SUCH UNIT IS A VICTIM OF SUCH  OWNER'S  NEGLIGENT  MAINTENANCE  OF  SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08590-01-3
       A. 4724                             2
    1  RENTAL,  OR  A  PERSON INVOLVED IN RESCUING OR ASSISTING SUCH VICTIMS IN
    2  SUCH ILLEGAL RENTAL SUFFERS DEATH.
    3    S 4. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.