NY State Senate Bill 2015-S1173

Senate Bill S1173

2015-2016 Legislative Session

Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing illegal housing laws and regulations

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
Jan 09, 2015	referred to local government

co-Sponsors

2015-S1173 (ACTIVE) - Details

See Assembly Version of this Bill:: A2215
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §99-x, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10657, A3873
2011-2012: S4285, A128
2013-2014: S934, A4689
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696

2015-S1173 (ACTIVE) - Summary

Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing housing laws and regulations.

2015-S1173 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1173

TITLE OF BILL:  An act to amend the general municipal law, in relation
to authorized on-site inspections of housing in violation of zoning
laws

PURPOSE OR GENERAL IDEA OF BILL: Authorizes the on-site inspections of
housing in violation of zoning laws for purposes of enforcing illegal
housing laws and regulations.

SUMMARY OF SPECIFIC PROVISIONS: The general municipal law is amended
by adding a new section 99-x, which allows on-site inspection of a
residence upon obtaining a search warrant if any form of advertisement
or listing (newspaper, pennysaver, supermarket paper, advertising
flyer, internet listing, electronic mail list or any other type of
listing) offers a rental unit in excess of the zoning certificate of
occupancy. The governmental entity with jurisdiction over the premises
shall create a rebuttable presumption that it is in violation of the
code, law or certificate. A notice of violation may be issued to the
owner, and then the owner shall have at least 7 days to prove
compliance, or be subject to an on-site zoning inspection by a
municipal housing inspector or tax assessor for the limited purpose of
confirming compliance with the applicable zoning code or law affecting
the premises, or certificate of occupancy, certificate of prior
nonconforming use or any other certificate, notice or form of
document.

JUSTIFICATION: Communities across the state have all seen a rise in
illegal housing and slumlords attempting to take over our
neighborhoods. Local newspapers repeatedly run ads by absentee
landlords offering rental opportunities for those interested. The
increase of illegal rental apartments has caused additional burdens to
the taxpayers within local governments and schools as well as a drain
on local resources. This legislation is aimed to give government one
more tool to fight this increasing problem.

Enactment of this legislation will give towns and zoning authorities a
greater ability to enforce local zoning and building codes and create
a safer environment for all residents of these communities. This bill
would also provide firefighters and other emergency responders with
pertinent information regarding occupancy of the buildings, as well as
any structural changes made, In addition, this bill would ensure towns
are able to properly assess the properties for tax purposes.

PRIOR LEGISLATIVE HISTORY:  S.934 (2014); S.4285-B (2012); A.10657
(2010); A.3873 (2009); A.7666 (2008).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

2015-S1173 (ACTIVE) - Bill Text download pdf

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

                                  1173

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law,  in  relation  to  authorized
  on-site inspections of housing in violation of zoning laws

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 99-x to read as follows:
  S  99-X. INSPECTION AUTHORIZED.  ANY ADVERTISEMENT OR LISTING, INCLUD-
ING, BUT NOT LIMITED TO, NEWSPAPER, "PENNYSAVER" OR  SUPERMARKET  PAPER,
ADVERTISING FLYER, INTERNET LISTING, ELECTRONIC MAIL LIST OR OTHER LIST-
ING,  OFFERING  FOR RENT ANY RESIDENTIAL DWELLING UNIT IN EXCESS OF THAT
PERMITTED BY THE APPLICABLE ZONING CODE OR LAW  OR  ANY  CERTIFICATE  OF
OCCUPANCY  OR  CERTIFICATE  OF PRIOR NON-CONFORMING USE ON FILE WITH THE
MUNICIPAL OR GOVERNMENTAL ENTITY HAVING JURISDICTION OVER THE  PREMISES,
SHALL  CREATE A REBUTTABLE PRESUMPTION THAT SUCH USE VIOLATES SUCH CODE,
LAW OR CERTIFICATE, WHICH  PRESUMPTION  SHALL  BE  SUFFICIENT  CAUSE  TO
AUTHORIZE,  UNDER  THIS  SECTION,  UPON  OBTAINING  A SEARCH WARRANT, AN
ON-SITE INSPECTION BY A MUNICIPAL HOUSING OR BUILDING INSPECTOR  OR  TAX
ASSESSOR  FOR  THE  LIMITED  PURPOSE  OF  CONFIRMING COMPLIANCE WITH THE
APPLICABLE ZONING CODE OR LAW AFFECTING THE PREMISES, OR CERTIFICATE  OF
OCCUPANCY,  CERTIFICATE OF PRIOR NON-CONFORMING USE OR ANY OTHER CERTIF-
ICATE, NOTICE, FORM OR OTHER DOCUMENT RELATING TO  AUTHORIZED  OCCUPANCY
OR  USAGE  WHICH  IS ISSUED BY A MUNICIPAL OR GOVERNMENTAL ENTITY HAVING
JURISDICTION OVER SUCH MATTERS.  PURSUANT TO THIS SECTION,  SUCH  ADVER-
TISEMENT  OR LISTING MAY CONSTITUTE PROBABLE CAUSE FOR THE ISSUANCE OF A
SEARCH WARRANT PURSUANT TO ARTICLE SIX HUNDRED NINETY  OF  THE  CRIMINAL
PROCEDURE LAW.
  A  NOTICE  OF VIOLATION MAY BE ISSUED TO THE OWNER OF THE PREMISES, AT
THE ADDRESS LISTED ON THE LATEST AVAILABLE TAX ASSESSOR'S RECORDS,  UPON
DELIVERY  OF  WHICH  THE OWNER SHALL HAVE AT LEAST SEVEN DAYS TO PROVIDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05085-01-5

S. 1173                             2

PROOF OF COMPLIANCE WITH THE ZONING CODE  OR  LAW  OR  CERTIFICATE.  THE
PRODUCTION  OF  PROOF OF COMPLIANCE SHALL SERVE TO REBUT THE PRESUMPTION
AND NO SUMMONSES, VIOLATIONS OR APPEARANCE TICKETS SHALL BE ISSUED.
  S 2. This act shall take effect immediately.

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Senate Bill S1173

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Sponsored By

Jack M. Martins