S T A T E O F N E W Y O R K
________________________________________________________________________
3239
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
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
S. 3239 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
S. 3239 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.
