Bill Text: NY S01496 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the class C felony of illegal conversion or alteration of real property and amends the civil penalties for such conversion in the administrative code of the city of New York.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S01496 Detail]

Download: New_York-2017-S01496-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1496
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the crime  of
          illegal  conversion  or  alteration  of real property and to amend the
          administrative code of the city of New  York,  in  relation  to  civil
          penalties for unlawful conversions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding two new sections  145.75
     2  and 145.80 to read as follows:
     3  § 145.75 Definition; conversion or alteration of real property.
     4    For  purposes of section 145.80 of this article, "conversion or alter-
     5  ation" shall mean any change in the structural parts or existing facili-
     6  ties of any building, including, but not limited to, the subdivision  of
     7  rooms, or erection or demolition of walls, or the moving of any building
     8  from one location or position to another.
     9  § 145.80 Illegal conversion or alteration of real property.
    10    A person is guilty of illegal conversion or alteration of real proper-
    11  ty when:
    12    1. (a) he or she is the owner or manager of real property and knowing-
    13  ly  participated  or  authorized the illegal alteration or conversion of
    14  such property in violation of any state or local law, ordinance, code or
    15  rule or regulation relating to  real  property,  buildings  or  multiple
    16  dwellings; or
    17    (b)  he  or  she  is  a  tenant  of real property and makes an illegal
    18  conversion or alteration of such property without the knowledge  of  the
    19  owner  thereof,  and  such alteration or conversion of the real property
    20  was in violation of any state or local law, ordinance, code or  rule  or
    21  regulation  relating  to real property, buildings or multiple dwellings;
    22  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06805-01-7
        S. 1496                             2
     1    2. the alteration or conversion causes a serious  physical  injury  to
     2  another person.
     3    Illegal conversion or alteration of real property is a class C felony.
     4    § 2. Subdivision 13.1 of section 28-201.2.1 of the administrative code
     5  of  the city of New York, as added by local law number 17 of the city of
     6  New York for the year 2010, is amended to read as follows:
     7    [13.1 The minimum civil penalty that shall be imposed for a  violation
     8  of  section  28-408.1  or  section 28-410.1 of this code and the minimum
     9  fine that shall be imposed for a violation of such sections shall be two
    10  thousand five hundred dollars for the first violation and five  thousand
    11  dollars for each subsequent violation.]
    12    §  3.  Section  28-202.1 of the administrative code of the city of New
    13  York is amended by adding two new exceptions 4 and 5 to read as follows:
    14    4. The minimum civil penalty for a violation of  section  28-408.1  or
    15  section  28-410.1 shall be two thousand five hundred dollars for a first
    16  violation and five thousand dollars for a second violation, in  addition
    17  to  any separate daily penalty imposed pursuant to subdivision 1 of this
    18  section.
    19    5. The minimum civil penalty for a violation of  section  28-210.1  in
    20  any  building involving the illegal conversion, maintenance or occupancy
    21  of three or more dwelling units  than  are  legally  authorized  by  the
    22  certificate  of  occupancy or if no certificate of occupancy is required
    23  as evidenced by official records shall be fifteen thousand  dollars  for
    24  each  dwelling  unit  beyond  the number that are legally authorized. It
    25  shall be an affirmative defense for the owner of such building that: (i)
    26  such building is a multiple dwelling which lawfully  has  five  or  more
    27  units;  (ii)  such owner reasonably did not know of such illegal conver-
    28  sion,  maintenance  or  occupancy;  and  (iii)  upon  receipt  of   such
    29  violation,  such  owner  attempted  to  address such illegal conversion,
    30  maintenance or occupancy by: (a) notifying the occupants of each  dwell-
    31  ing  unit  subject  to such illegal conversion, maintenance or occupancy
    32  that such dwelling unit has been converted, maintained  or  occupied  in
    33  violation  of  this  code and that such occupant may be subject to legal
    34  proceedings which could result in such  occupant's  eviction  from  such
    35  dwelling unit; or (b) commencing such legal proceedings.
    36    §  4.  Section  28-204.6 of the administrative code of the city of New
    37  York, as added by local law number 33 of the city of New  York  for  the
    38  year 2007, is amended to read as follows:
    39    §28-204.6  Tax  lien. Enforcement of environmental control board judg-
    40  ments against owners for certain building code violations. Notwithstand-
    41  ing any provision of law to the contrary, an environmental control board
    42  judgment against an owner for (i) a building code violation with respect
    43  to a private dwelling, a wooden-framed single  room  occupancy  multiple
    44  dwelling,  or a dwelling with a legal occupancy of three or fewer dwell-
    45  ing units or (ii) a violation of section 28-210.1 involving the  illegal
    46  conversion,  maintenance  or  occupancy  of three or more dwelling units
    47  than are legally authorized by the certificate of  occupancy  or  if  no
    48  certificate  of  occupancy is required as evidenced by official records,
    49  shall constitute a tax lien on the property named in the violation  with
    50  respect  to  which  such judgment was rendered, as hereinafter provided.
    51  Such liens shall be entered and enforced as  provided  in  this  section
    52  [28-204.6].
    53    §  5. Section 28-207.4.1 of the administrative code of the city of New
    54  York, as added by local law number 33 of the city of New  York  for  the
    55  year 2007, is amended to read as follows:
        S. 1496                             3
     1    §  28-207.4.1  Basis for vacate. Conditions for which the commissioner
     2  may issue a vacate order shall include but shall not be limited  to  the
     3  following  conditions  that  create  a hazard to life, public safety, or
     4  property:
     5    1. Danger of structural failure;
     6    2. Danger of facade failure;
     7    3. Inadequate fire protection, detection, or suppression;
     8    4. Inadequate egress; [or]
     9    5.  Improper  storage of hazardous materials, combustible or toxic[.];
    10  or
    11    6. A violation of section 28-210.1 which involves the illegal  conver-
    12  sion,  maintenance or occupancy of three or more dwelling units than are
    13  legally authorized by  the  certificate  of  occupancy  is  required  as
    14  evidenced by official records.
    15    §  6.  The  administrative  code of the city of New York is amended by
    16  adding a new section 28-210.4 to read as follows:
    17    § 28-210.4 Inspection;  failure  to  gain  access  to  premises.  Upon
    18  receiving  a  complaint  of  a  condition relating to a building or part
    19  thereof that would, if observed by the commissioner,  be  identified  by
    20  the  commissioner as a violation of section 28-210.1 involving the ille-
    21  gal conversion, maintenance or occupancy of three or more dwelling units
    22  than are legally authorized by the certificate of  occupancy  or  if  no
    23  certificate  of  occupancy is required as evidenced by official records,
    24  the commissioner shall attempt to enter and  inspect  such  building  or
    25  part  thereof,  the commissioner shall notify the owner of such building
    26  or part thereof. After two unsuccessful attempts to gain access to  such
    27  building  or  part thereof, by certified mail, return receipt requested,
    28  that such complaint has been received and that  an  inspection  will  be
    29  scheduled  at  a  date and reasonable time determined by the department;
    30  provided that such date shall be no earlier than ten days  and  no  more
    31  than  thirty  days  after  such  notice  is sent. If the commissioner is
    32  unable to gain access to such building or part thereof on the date spec-
    33  ified in such notice, the  commissioner  shall  immediately  prepare  an
    34  affidavit  documenting  each unsuccessful attempt to gain access to such
    35  building or part thereof, shall seek to obtain  an  affidavit  from  the
    36  complainant  and  shall transmit to the corporation counsel such affida-
    37  vits together with any additional documents the commissioner deems rele-
    38  vant and a request that such counsel seek  an  order  from  a  court  of
    39  competent  jurisdiction directing that appropriate access to such build-
    40  ing or part thereof be provided to the commissioner; provided  that,  in
    41  preparing  such  request,  priority  may be given by the commissioner to
    42  requests based on the degree of hazard to safety or  property  that  the
    43  commissioner believes present. Such counsel shall promptly consider such
    44  request,  and  where  such  counsel determines that there is appropriate
    45  basis to obtain such an order, shall seek such an order. The commission-
    46  er shall promptly execute any such order in accordance with its terms.
    47    § 7. Section 11-319 of the administrative code of the city of New York
    48  is amended by adding a new subdivision a-6 to read as follows:
    49    a-6. Notwithstanding any provision of this chapter  to  the  contrary,
    50  beginning on September first, two thousand sixteen, a lien that includes
    51  civil  penalties  for  a violation of section 28-201.1 of the code where
    52  such civil penalties accrued  on  or  after  July  first,  two  thousand
    53  sixteen,  and  became a lien pursuant to section 28-204.6.6 of the code,
    54  may be sold by the city pursuant  to  this  chapter,  where  such  civil
    55  penalties  component  of such lien, as of the date of the first publica-
    56  tion, pursuant to subdivision a of section 11-320 of  this  chapter,  of
        S. 1496                             4
     1  the  notice  of  sale (i) shall have remained unpaid in whole or in part
     2  for one year or more, and (ii) equals or exceeds the sum of one thousand
     3  dollars. After such sale, any such civil  penalties  component  of  such
     4  lien may be transferred in the manner provided by this chapter.
     5    § 8. This act shall take effect on the one hundred twentieth day after
     6  it shall have become a law; provided, however, that effective immediate-
     7  ly,  the  addition,  amendment and/or repeal of any rules or regulations
     8  necessary for the implementation of the foregoing sections of  this  act
     9  on  its  effective  date  are  authorized  and  directed  to be made and
    10  completed on or before such effective date.