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

                                  6041

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced  by  M.  of A. BROOK-KRASNY, ABBATE, MALLIOTAKIS -- read once
  and referred to the Committee on Codes

AN ACT to amend the penal law, the multiple dwelling law and the  multi-
  ple  residence  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:

  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 OR EXISTING FACILITIES OF ANY BUILDING OR THE MOVING OF
ANY BUILDING FROM ONE LOCATION OR POSITION TO ANOTHER.
  2. THE TERM "DWELLING" SHALL MEAN ANY BUILDING OR STRUCTURE OR PORTION
THEREOF 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 MULTIPLE DWELLING WITH
ALTERATIONS THAT VIOLATE THE MULTIPLE DWELLING LAW,  MULTIPLE  RESIDENCE
LAW, OR LOCAL LAW OR REGULATION.
  4.  THE TERM "LOCAL LAW OR REGULATION" SHALL MEAN A LOCAL LAW OR REGU-
LATION THAT HAS BEEN PROMULGATED PURSUANT TO  AUTHORIZATION  GRANTED  IN
EITHER THE MULTIPLE DWELLING LAW OR THE MULTIPLE RESIDENCE LAW.
  5.  THE TERM "MULTIPLE DWELLING" SHALL MEAN A DWELLING THAT IS SUBJECT
TO THE PROVISIONS OF THE MULTIPLE DWELLING LAW, MULTIPLE RESIDENCE  LAW,
OR LOCAL LAW OR REGULATION.
S  270.12 FAILURE TO OBTAIN AN ALTERATION PERMIT OR CERTIFICATE OF OCCU-
           PANCY FOR A MULTIPLE DWELLING IN THE SECOND DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08204-01-5

A. 6041                             2
              

  A PERSON IS GUILTY OF  FAILURE  TO  OBTAIN  AN  ALTERATION  PERMIT  OR
CERTIFICATE  OF  OCCUPANCY  FOR A MULTIPLE DWELLING IN THE SECOND DEGREE
WHEN:
  1.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO OBTAIN A
PERMIT PURSUANT TO SECTION THREE HUNDRED OF THE MULTIPLE  DWELLING  LAW,
SECTION  THREE HUNDRED ONE OF THE MULTIPLE RESIDENCE LAW, OR A LOCAL LAW
OR REGULATION REQUIRING PERMITS FOR ALTERATIONS PRIOR TO ENGAGING IN  OR
AUTHORIZING ALTERATIONS TO SUCH DWELLING, (B) SUCH MULTIPLE DWELLING WAS
ILLEGALLY  ALTERED,  (C)  A PERSON SUFFERED PHYSICAL INJURY IN OR AROUND
SUCH DWELLING, AND (D) ONE OR MORE OF SUCH ALTERATIONS WERE  THE  DIRECT
OR INDIRECT CAUSE OF SUCH PHYSICAL INJURY; OR
  2.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED A MULTIPLE
DWELLING, (B) FAILED TO OBTAIN  A  CERTIFICATE  OF  OCCUPANCY  PRIOR  TO
ALLOWING  OCCUPATION  OF  SUCH  ALTERED  MULTIPLE  DWELLING  PURSUANT TO
SECTION THREE HUNDRED ONE OF THE MULTIPLE DWELLING  LAW,  SECTION  THREE
HUNDRED  TWO OF THE MULTIPLE RESIDENCE LAW, OR A LOCAL LAW OR REGULATION
REQUIRING A CERTIFICATE OF OCCUPANCY PRIOR TO ITS USE OR OCCUPANCY,  (C)
SUCH  MULTIPLE  DWELLING  WAS  ILLEGALLY  ALTERED, (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 AN ALTERATION PERMIT OR CERTIFICATE OF OCCUPANCY FOR
A MULTIPLE DWELLING IN THE SECOND DEGREE IS A CLASS D FELONY.
S  270.13 FAILURE TO OBTAIN AN ALTERATION PERMIT OR CERTIFICATE OF OCCU-
           PANCY FOR A MULTIPLE DWELLING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF  FAILURE  TO  OBTAIN  AN  ALTERATION  PERMIT  OR
CERTIFICATE  OF  OCCUPANCY  FOR  A MULTIPLE DWELLING IN THE FIRST DEGREE
WHEN:
  1. BEING THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO  OBTAIN  A
PERMIT  PURSUANT  TO SECTION THREE HUNDRED OF THE MULTIPLE DWELLING LAW,
SECTION THREE HUNDRED ONE OF THE MULTIPLE RESIDENCE LAW, OR A LOCAL  LAW
OR  REGULATION  REQUIRING  PERMITS  FOR ALTERATIONS PRIOR TO ENGAGING IN
ALTERATIONS TO SUCH DWELLING, (B) SUCH DWELLING WAS  ILLEGALLY  ALTERED,
(C)  A  PERSON SUFFERED SERIOUS PHYSICAL INJURY IN OR AROUND SUCH DWELL-
ING, 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 MULTIPLE
DWELLING, (B) FAILED TO OBTAIN  A  CERTIFICATE  OF  OCCUPANCY  PRIOR  TO
ALLOWING  OCCUPATION  OF  SUCH  ALTERED  MULTIPLE  DWELLING  PURSUANT TO
SECTION THREE HUNDRED ONE OF THE MULTIPLE DWELLING  LAW,  SECTION  THREE
HUNDRED  TWO OF THE MULTIPLE RESIDENCE LAW, OR A LOCAL LAW OR REGULATION
REQUIRING A CERTIFICATE OF OCCUPANCY PRIOR TO ITS USE OR OCCUPANCY,  (C)
SUCH  MULTIPLE  DWELLING  WAS  ILLEGALLY  ALTERED, (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 AN ALTERATION PERMIT OR CERTIFICATE OF OCCUPANCY FOR
A MULTIPLE DWELLING IN THE FIRST DEGREE IS A CLASS C FELONY.
  S 2. Section 304 of the multiple dwelling law is amended by  adding  a
new subdivision 1-b to read as follows:
  1-B.  EVERY  PERSON  WHO  SHALL  VIOLATE OR ASSIST IN THE VIOLATION OF
SECTION THREE HUNDRED OR THREE HUNDRED ONE  OF  THIS  ARTICLE  SHALL  BE
GUILTY  OF  A  MISDEMEANOR PUNISHABLE, FOR A FIRST OFFENSE, BY A FINE OF
NOT EXCEEDING ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR  A  PERIOD  OF
NOT  EXCEEDING  THIRTY  DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR
THE SECOND AND ANY SUBSEQUENT OFFENSE ARISING FROM THE FAILURE TO REMOVE

A. 6041                             3

THE VIOLATION UPON WHICH THE FIRST OFFENSE WAS BASED, BY A FINE  OF  NOT
EXCEEDING  TWO  THOUSAND  DOLLARS OR BY IMPRISONMENT FOR A PERIOD OF NOT
EXCEEDING SIX MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  S  3.  Subdivision  1 of section 304 of the multiple residence law, as
amended by chapter 680 of the laws  of  1967,  is  amended  to  read  as
follows:
  1. Any person, who having been served with a notice or order to remove
any violation of this chapter or of any nuisance, fails to comply there-
with within thirty days or within such further reasonable time therefore
fixed by the department, shall be guilty of a misdemeanor punishable for
each  offense  by  a  fine  of  not exceeding five hundred dollars or by
imprisonment for a period of one year, or by both such fine  and  impri-
sonment.  However,  every  person  who  shall  violate  or  assist  in a
violation of any provision of sections forty, seventy  and  one  hundred
seventy-four  shall  be guilty of an offense punishable by a fine of not
less than ten dollars nor exceeding five hundred dollars or by imprison-
ment for a period not exceeding six months, or by  both  such  fine  and
imprisonment.  HOWEVER,  EVERY  PERSON  WHO SHALL VIOLATE OR ASSIST IN A
VIOLATION OF ANY PROVISION  OF  SECTIONS  THREE  HUNDRED  ONE  OR  THREE
HUNDRED  TWO OF THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE
BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR A
PERIOD OF NOT EXCEEDING THIRTY DAYS, OR BY BOTH SUCH FINE AND  IMPRISON-
MENT; FOR THE SECOND AND ANY SUBSEQUENT OFFENSE ARISING FROM THE FAILURE
TO  REMOVE  THE  VIOLATION  UPON WHICH THE FIRST OFFENSE WAS BASED, BY A
FINE OF NOT EXCEEDING TWO THOUSAND DOLLARS  OR  BY  IMPRISONMENT  FOR  A
PERIOD  OF  NOT EXCEEDING SIX MONTHS, OR BY BOTH SUCH FINE AND IMPRISON-
MENT. Courts of special sessions shall have  exclusive  jurisdiction  in
the  municipalities  to  which  this  chapter  is applicable to hear and
determine charges of violations constituting  misdemeanors  or  offenses
under this chapter.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.