Bill Text: NY S03239 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3239--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   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
       AN ACT to amend the penal law and the multiple dwelling law, in relation
         to  failure to obtain an alteration permit or certificate of occupancy
         for a multiple 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  S 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 OR EXISTING FACILITIES OF ANY BUILDING OR THE MOVING OF
    8  ANY BUILDING FROM ONE LOCATION OR POSITION TO ANOTHER.
    9    2. THE TERM "DWELLING" SHALL MEAN ANY BUILDING OR STRUCTURE OR PORTION
   10  THEREOF LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE WHICH
   11  IS OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE
   12  OF ONE OR MORE HUMAN BEINGS.
   13    3. THE TERM "ILLEGALLY ALTERED" SHALL MEAN A  MULTIPLE  DWELLING  WITH
   14  ALTERATIONS  THAT  VIOLATE  THE  MULTIPLE  DWELLING LAW, OR LOCAL LAW OR
   15  REGULATION.
   16    4. THE TERM "LOCAL LAW OR REGULATION" SHALL  MEAN  THE  ADMINISTRATIVE
   17  CODE  OF  THE  CITY  OF NEW YORK OR REGULATION THAT HAS BEEN PROMULGATED
   18  THEREUNDER.
   19    5. THE TERM "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SECTION
   20  FOUR OF THE MULTIPLE DWELLING LAW OR LOCAL LAW OR REGULATION AND SECTION
   21  27-2004 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08204-02-5
       S. 3239--A                          2
    1  S 270.12 FAILURE TO OBTAIN AN ALTERATION PERMIT OR CERTIFICATE OF  OCCU-
    2             PANCY FOR A MULTIPLE DWELLING IN THE SECOND DEGREE.
    3    A  PERSON  IS  GUILTY  OF  FAILURE  TO  OBTAIN AN ALTERATION PERMIT OR
    4  CERTIFICATE OF OCCUPANCY FOR A MULTIPLE DWELLING IN  THE  SECOND  DEGREE
    5  WHEN:
    6    1.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO OBTAIN A
    7  PERMIT PURSUANT TO SECTION THREE HUNDRED OF THE MULTIPLE  DWELLING  LAW,
    8  OR  A LOCAL LAW OR REGULATION REQUIRING PERMITS FOR ALTERATIONS PRIOR TO
    9  ENGAGING IN OR AUTHORIZING ALTERATIONS TO SUCH DWELLING, (B) SUCH MULTI-
   10  PLE DWELLING WAS ILLEGALLY ALTERED, (C) A PERSON SUFFERED PHYSICAL INJU-
   11  RY IN OR AROUND SUCH DWELLING, AND (D) ONE OR MORE OF  SUCH  ALTERATIONS
   12  WERE THE DIRECT OR INDIRECT CAUSE OF SUCH PHYSICAL INJURY; OR
   13    2.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED A MULTIPLE
   14  DWELLING, (B) FAILED TO OBTAIN  A  CERTIFICATE  OF  OCCUPANCY  PRIOR  TO
   15  ALLOWING  OCCUPATION  OF  SUCH  ALTERED  MULTIPLE  DWELLING  PURSUANT TO
   16  SECTION THREE HUNDRED ONE OF THE MULTIPLE DWELLING LAW,  OR A LOCAL  LAW
   17  OR  REGULATION  REQUIRING A CERTIFICATE OF OCCUPANCY PRIOR TO ITS USE OR
   18  OCCUPANCY, (C) SUCH MULTIPLE  DWELLING  WAS  ILLEGALLY  ALTERED,  (D)  A
   19  PERSON SUFFERED PHYSICAL INJURY IN OR AROUND SUCH MULTIPLE DWELLING, AND
   20  (E) ONE OR MORE OF SUCH ALTERATIONS WERE THE DIRECT OR INDIRECT CAUSE OF
   21  SUCH PHYSICAL INJURY.
   22    FAILURE TO OBTAIN AN ALTERATION PERMIT OR CERTIFICATE OF OCCUPANCY FOR
   23  A MULTIPLE DWELLING IN THE SECOND DEGREE IS A CLASS D FELONY.
   24  S  270.13 FAILURE TO OBTAIN AN ALTERATION PERMIT OR CERTIFICATE OF OCCU-
   25             PANCY FOR A MULTIPLE DWELLING IN THE FIRST DEGREE.
   26    A PERSON IS GUILTY OF  FAILURE  TO  OBTAIN  AN  ALTERATION  PERMIT  OR
   27  CERTIFICATE  OF  OCCUPANCY  FOR  A MULTIPLE DWELLING IN THE FIRST DEGREE
   28  WHEN:
   29    1. BEING THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO  OBTAIN  A
   30  PERMIT  PURSUANT  TO SECTION THREE HUNDRED OF THE MULTIPLE DWELLING LAW,
   31  OR A LOCAL LAW OR REGULATION REQUIRING PERMITS FOR ALTERATIONS PRIOR  TO
   32  ENGAGING IN ALTERATIONS TO SUCH DWELLING, (B) SUCH DWELLING WAS ILLEGAL-
   33  LY  ALTERED,  (C) A PERSON SUFFERED SERIOUS PHYSICAL INJURY IN OR AROUND
   34  SUCH DWELLING, AND (D) ONE OR MORE OF SUCH ILLEGAL ALTERATIONS WERE  THE
   35  DIRECT OR INDIRECT CAUSE OF SUCH SERIOUS PHYSICAL INJURY; OR
   36    2.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED A MULTIPLE
   37  DWELLING, (B) FAILED TO OBTAIN  A  CERTIFICATE  OF  OCCUPANCY  PRIOR  TO
   38  ALLOWING  OCCUPATION  OF  SUCH  ALTERED  MULTIPLE  DWELLING  PURSUANT TO
   39  SECTION THREE HUNDRED ONE OF THE MULTIPLE DWELLING LAW, OR A  LOCAL  LAW
   40  OR  REGULATION  REQUIRING A CERTIFICATE OF OCCUPANCY PRIOR TO ITS USE OR
   41  OCCUPANCY, (C) SUCH MULTIPLE  DWELLING  WAS  ILLEGALLY  ALTERED,  (D)  A
   42  PERSON  SUFFERED SERIOUS PHYSICAL INJURY IN OR AROUND SUCH DWELLING, AND
   43  (E) ONE OR MORE OF SUCH ILLEGAL ALTERATIONS WERE THE DIRECT OR  INDIRECT
   44  CAUSE OF SUCH SERIOUS PHYSICAL INJURY.
   45    FAILURE TO OBTAIN AN ALTERATION PERMIT OR CERTIFICATE OF OCCUPANCY FOR
   46  A MULTIPLE DWELLING IN THE FIRST DEGREE IS A CLASS C FELONY.
   47    S  2.  Section 304 of the multiple dwelling law is amended by adding a
   48  new subdivision 1-b to read as follows:
   49    1-B. EVERY PERSON WHO SHALL VIOLATE OR  ASSIST  IN  THE  VIOLATION  OF
   50  SECTION  THREE  HUNDRED  OR  THREE  HUNDRED ONE OF THIS ARTICLE SHALL BE
   51  GUILTY OF A MISDEMEANOR PUNISHABLE, FOR A FIRST OFFENSE, BY  A  FINE  OF
   52  NOT  EXCEEDING  ONE  THOUSAND DOLLARS OR BY IMPRISONMENT FOR A PERIOD OF
   53  NOT EXCEEDING THIRTY DAYS, OR BY BOTH SUCH FINE  AND  IMPRISONMENT;  FOR
   54  THE SECOND AND ANY SUBSEQUENT OFFENSE ARISING FROM THE FAILURE TO REMOVE
   55  THE  VIOLATION  UPON WHICH THE FIRST OFFENSE WAS BASED, BY A FINE OF NOT
       S. 3239--A                          3
    1  EXCEEDING TWO THOUSAND DOLLARS OR BY IMPRISONMENT FOR A  PERIOD  OF  NOT
    2  EXCEEDING SIX MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
    3    S  3.  This  act  shall take effect on the sixtieth day after it shall
    4  have become a law.