Bill Text: NY S03239 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to failure to obtain an alteration permit or certificate of occupancy for a multiple dwelling; makes such crimes a felony.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-06-15 - referred to codes [S03239 Detail]
Download: New_York-2015-S03239-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3239--B Cal. No. 981 2015-2016 Regular Sessions IN SENATE February 3, 2015 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accord- ance with Senate Rule 6, sec. 8 -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the penal law, in relation to failure to obtain a build- ing permit or certificate of occupancy for a dwelling 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 three new sections 2 270.11, 270.12, and 270.13 to read as follows: 3 § 270.11 Definitions. 4 As used in sections 270.12 and 270.13 of this article, the following 5 terms shall have the following definitions. 6 1. The terms "altered" and "alteration" shall mean any change in the 7 structural parts of a building or any change that impedes a person's 8 egress from a building during a fire or emergency evacuation. 9 2. The term "dwelling" shall mean any one to four family dwelling 10 located in a city with a population of one million or more which is 11 occupied in whole or in part as the home, residence or sleeping place of 12 one or more human beings. 13 3. The term "illegally altered" shall mean a dwelling with alterations 14 that violate the building code, or local law or regulation. 15 4. The term "local law or regulation" shall mean the administrative 16 code of the city of New York or regulation that has been promulgated 17 thereunder. 18 § 270.12 Failure to obtain a building permit or certificate of occupancy 19 for a dwelling in the second degree. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08204-07-6S. 3239--B 2 1 A person is guilty of failure to obtain a building permit or certif- 2 icate of occupancy for a dwelling in the second degree when: 3 1. Being the owner of the dwelling, he or she (a) failed to obtain a 4 building permit pursuant to the building code or a local law or regu- 5 lation requiring permits for alterations prior to engaging in or author- 6 izing alterations to such dwelling, (b) such dwelling was illegally 7 altered with authorization of the owner, (c) a person suffered physical 8 injury in or around such dwelling, and (d) one or more of such alter- 9 ations were the direct or indirect cause of such physical injury; or 10 2. Being the owner of the dwelling, he or she (a) altered or author- 11 ized alteration of a dwelling, (b) failed to obtain a certificate of 12 occupancy prior to allowing occupation of such altered dwelling pursuant 13 to the building code or a local law or regulation requiring a certif- 14 icate of occupancy prior to its use or occupancy, (c) such dwelling was 15 illegally altered with authorization of the owner, (d) a person suffered 16 physical injury in or around such multiple dwelling, and (e) one or more 17 of such alterations were the direct or indirect cause of such physical 18 injury. 19 Failure to obtain a building permit or certificate of occupancy for a 20 dwelling in the second degree is a class D felony. 21 § 270.13 Failure to obtain a building permit or certificate of occupancy 22 for a dwelling in the first degree. 23 A person is guilty of failure to obtain a building permit or certif- 24 icate of occupancy for a dwelling in the first degree when: 25 1. Being the owner of the dwelling, he or she (a) failed to obtain a 26 building permit pursuant to the building code or a local law or regu- 27 lation requiring permits for alterations prior to engaging in alter- 28 ations to such dwelling, (b) such dwelling was illegally altered with 29 authorization of the owner, (c) a person suffered serious physical inju- 30 ry in or around such dwelling, and (d) one or more of such illegal 31 alterations were the direct or indirect cause of such serious physical 32 injury; or 33 2. Being the owner of the dwelling, he or she (a) altered a dwelling, 34 (b) failed to obtain a certificate of occupancy prior to allowing occu- 35 pation of such altered dwelling pursuant to the building code or a local 36 law or regulation requiring a certificate of occupancy prior to its use 37 or occupancy, (c) such dwelling was illegally altered with authorization 38 of the owner, (d) a person suffered serious physical injury in or around 39 such dwelling, and (e) one or more of such illegal alterations were the 40 direct or indirect cause of such serious physical injury. 41 Failure to obtain a building permit or certificate of occupancy for a 42 dwelling in the first degree is a class C felony. 43 § 2. This act shall take effect on the sixtieth day after it shall 44 have become a law.
