Bill Text: NY S04407 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 4407 (Prior Session Legislation)

Introduced

Bill Title: Relates to the denial of certain insurance claims and requires municipal and government entities to notify mortgagees and lien holders when such entities are denied access to inspect certain real properties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INSURANCE [S04407 Detail]

Download: New_York-2013-S04407-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4407
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 26, 2013
                                      ___________
       Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Insurance
       AN ACT to amend the insurance law, in relation to the denial of  certain
         insurance  claims; and to amend the general municipal law, in relation
         to requiring certain municipal and government entities to notify mort-
         gagees and lien holders  when  such  entities  are  denied  access  to
         inspect certain real properties
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The insurance law is amended by adding a new section 3407-b
    2  to read as follows:
    3    S 3407-B. DENIAL OF CERTAIN CLAIMS FOR REAL PROPERTY.  1.  AN  INSURER
    4  MAY  DENY PAYMENTS FOR ANY CLAIM FOR REAL PROPERTY LOSS OR DAMAGE, WHERE
    5  SUCH REAL PROPERTY HAS BEEN ILLEGALLY CONVERTED OR ALTERED AND WHERE THE
    6  OWNER OF SUCH REAL PROPERTY DENIES A MUNICIPAL  OR  GOVERNMENTAL  ENTITY
    7  ACCESS  TO  SUCH  REAL  PROPERTY FOR THE PURPOSE OF INSPECTING SUCH REAL
    8  PROPERTY FOR LOCAL CODE OF ORDINANCE VIOLATIONS.
    9    2. FOR PURPOSES OF THIS SECTION,  THE  TERM  "ILLEGALLY  CONVERTED  OR
   10  ALTERED"  SHALL  INCLUDE THE CONVERSION OF ANY STRUCTURE INTO A RESIDEN-
   11  TIAL DWELLING WHICH VIOLATES ANY APPLICABLE  ZONING  OR  BUILDING  ORDI-
   12  NANCE,  CODE  OR  LAW  OR  WHICH HAS NOT RECEIVED A VALID CERTIFICATE OF
   13  OCCUPANCY OR ANY OTHER  CERTIFICATE,  NOTICE,  FORM  OR  OTHER  DOCUMENT
   14  RELATING TO AUTHORIZED OCCUPANCY OR PERMISSIBLE USAGE WHICH IS ISSUED BY
   15  A  MUNICIPAL  OR  GOVERNMENTAL  ENTITY  HAVING  JURISDICTION  OVER  SUCH
   16  MATTERS.
   17    S 2. The general municipal law is amended by adding a new section 99-x
   18  to read as follows:
   19    S 99-X. INSPECTION FOR LOCAL CODE OR ORDINANCE VIOLATIONS. ANY MUNICI-
   20  PAL OR GOVERNMENTAL ENTITY HAVING JURISDICTION OVER ZONING  OR  BUILDING
   21  ORDINANCES,  CODES  OR  LAWS  OR  CERTIFICATES OF OCCUPANCY OR ANY OTHER
   22  CERTIFICATES, NOTICES, FORMS OR OTHER DOCUMENTS RELATING  TO  AUTHORIZED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01034-01-3
       S. 4407                             2
    1  OCCUPANCY  OR PERMISSIBLE USAGE, WHICH HAS BEEN DENIED ACCESS TO INSPECT
    2  A PREMISES WHICH IS  SUSPECTED  TO  HAVE  BEEN  ILLEGALLY  CONVERTED  OR
    3  ALTERED,  SHALL  NOTIFY  ALL MORTGAGEES OR ANY OTHER LIEN HOLDERS OF THE
    4  PROPERTY THAT SUCH INSPECTION HAS BEEN DENIED.
    5    S 3. This act shall take effect immediately.