S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10667

                          I N  A S S E M B L Y

                              June 10, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
  read once and referred to the Committee on Codes

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:

  Section  1.  The  penal  law  is  amended by adding three new sections
270.11, 270.12, and 270.13 to read as follows:
S 270.11 DEFINITIONS.
  AS USED IN SECTIONS 270.12 AND 270.13 OF THIS ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING DEFINITIONS.
  1.  THE  TERMS "ALTERED" AND "ALTERATION" SHALL MEAN ANY CHANGE IN THE
STRUCTURAL PARTS OF A BUILDING OR ANY CHANGE  THAT  IMPEDES  A  PERSON'S
EGRESS FROM A BUILDING DURING A FIRE OR EMERGENCY EVACUATION.
  2.  THE  TERM  "DWELLING"  SHALL  MEAN ANY ONE TO FOUR FAMILY DWELLING
LOCATED IN A CITY WITH A POPULATION OF ONE  MILLION  OR  MORE  WHICH  IS
OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF
ONE OR MORE HUMAN BEINGS.
  3. THE TERM "ILLEGALLY ALTERED" SHALL MEAN A DWELLING WITH ALTERATIONS
THAT VIOLATE THE BUILDING CODE, OR LOCAL LAW OR REGULATION.
  4.  THE  TERM  "LOCAL LAW OR REGULATION" SHALL MEAN THE ADMINISTRATIVE
CODE OF THE CITY OF NEW YORK OR REGULATION  THAT  HAS  BEEN  PROMULGATED
THEREUNDER.
S 270.12 FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY
           FOR A DWELLING IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIF-
ICATE OF OCCUPANCY FOR A DWELLING IN THE SECOND DEGREE WHEN:
  1. BEING THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO  OBTAIN  A
BUILDING  PERMIT  PURSUANT  TO THE BUILDING CODE OR A LOCAL LAW OR REGU-
LATION REQUIRING PERMITS FOR ALTERATIONS PRIOR TO ENGAGING IN OR AUTHOR-
IZING ALTERATIONS TO SUCH DWELLING,  (B)  SUCH  DWELLING  WAS  ILLEGALLY
ALTERED  WITH AUTHORIZATION OF THE OWNER, (C) A PERSON SUFFERED PHYSICAL
INJURY IN OR AROUND SUCH DWELLING, AND (D) ONE OR MORE  OF  SUCH  ALTER-
ATIONS WERE THE DIRECT OR INDIRECT CAUSE OF SUCH PHYSICAL INJURY; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD08204-08-6

A. 10667                            2

  2.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED OR AUTHOR-
IZED ALTERATION OF A DWELLING, (B) FAILED TO  OBTAIN  A  CERTIFICATE  OF
OCCUPANCY PRIOR TO ALLOWING OCCUPATION OF SUCH ALTERED DWELLING PURSUANT
TO  THE  BUILDING  CODE OR A LOCAL LAW OR REGULATION REQUIRING A CERTIF-
ICATE  OF OCCUPANCY PRIOR TO ITS USE OR OCCUPANCY, (C) SUCH DWELLING WAS
ILLEGALLY ALTERED WITH AUTHORIZATION OF THE OWNER, (D) A PERSON SUFFERED
PHYSICAL INJURY IN OR AROUND SUCH MULTIPLE DWELLING, AND (E) ONE OR MORE
OF SUCH ALTERATIONS WERE THE DIRECT OR INDIRECT CAUSE OF  SUCH  PHYSICAL
INJURY.
  FAILURE  TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR A
DWELLING IN THE SECOND DEGREE IS A CLASS D FELONY.
S 270.13 FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY
           FOR A DWELLING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO OBTAIN A BUILDING PERMIT  OR  CERTIF-
ICATE OF OCCUPANCY FOR A DWELLING IN THE FIRST DEGREE WHEN:
  1.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO OBTAIN A
BUILDING PERMIT PURSUANT TO THE BUILDING CODE OR A LOCAL  LAW  OR  REGU-
LATION  REQUIRING  PERMITS  FOR  ALTERATIONS PRIOR TO ENGAGING IN ALTER-
ATIONS TO SUCH DWELLING, (B) SUCH DWELLING WAS  ILLEGALLY  ALTERED  WITH
AUTHORIZATION OF THE OWNER, (C) A PERSON SUFFERED SERIOUS PHYSICAL INJU-
RY  IN  OR  AROUND  SUCH  DWELLING,  AND (D) ONE OR MORE OF SUCH ILLEGAL
ALTERATIONS WERE THE DIRECT OR INDIRECT CAUSE OF SUCH  SERIOUS  PHYSICAL
INJURY; OR
  2.  BEING THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED A DWELLING,
(B) FAILED TO OBTAIN A CERTIFICATE OF OCCUPANCY PRIOR TO ALLOWING  OCCU-
PATION OF SUCH ALTERED DWELLING PURSUANT TO THE BUILDING CODE OR A LOCAL
LAW  OR REGULATION REQUIRING A CERTIFICATE OF OCCUPANCY PRIOR TO ITS USE
OR OCCUPANCY, (C) SUCH DWELLING WAS ILLEGALLY ALTERED WITH AUTHORIZATION
OF THE OWNER, (D) A PERSON SUFFERED SERIOUS PHYSICAL INJURY IN OR AROUND
SUCH DWELLING, AND (E) ONE OR MORE OF SUCH ILLEGAL ALTERATIONS WERE  THE
DIRECT OR INDIRECT CAUSE OF SUCH SERIOUS PHYSICAL INJURY.
  FAILURE  TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR A
DWELLING IN THE FIRST DEGREE IS A CLASS C FELONY.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.