NY State Senate Bill 2017-S1864

Senate Bill S1864

2017-2018 Legislative Session

Relates to failure to obtain a building permit or certificate of occupancy for a multiple dwelling

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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 03, 2018	referred to codes returned to senate died in assembly
Jun 13, 2017	referred to codes delivered to assembly passed senate
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.1027
Jan 11, 2017	referred to codes

Votes

- Jun 13, 2017 - Floor Vote
  S1864
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Dilan
  May 16, 2017 - Codes Committee Vote
  S1864
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 16, 2017
      
      aye (16)
      
      Akshar
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco

2017-S1864 (ACTIVE) - Details

See Assembly Version of this Bill:: A5528
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§270.11 - 270.13, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3239, A6041
2019-2020: S3674, A7178
2021-2022: S860, A6273
2023-2024: S340

2017-S1864 (ACTIVE) - Summary

Relates to failure to obtain an alteration permit or certificate of occupancy for a multiple dwelling; makes such crimes a felony.

2017-S1864 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1864

 TITLE OF BILL :  An act to amend the penal law, in relation to
failure to obtain a building permit or certificate of occupancy for a
dwelling

 PURPOSE :

To increase public safety by increasing the penalties for failing to
obtain the proper permits or certificates prior to altering a multiple
dwelling or allowing an altered building to be inhabited.

 SUMMARY OF PROVISIONS :

Section one of this bill amends the Penal Law by adding three new
sections 270.11, 270.12 and 270.13 regarding illegal conversions of a
multiple dwelling. New section 270.11 provides definitions that will
be used for new sections 270.12 and 270.13. The terms defined in this
section are "altered" or "alteration," "dwelling," "illegally
altered," "local law or regulation," and "multiple dwelling."

New section 270.12 establishes the offense of failure to obtain an
alteration permit or certificate of occupancy for a multiple dwelling
in the second degree. A person is guilty of this offense when he or
she, being the owner of the dwelling, failed to obtain an alteration
permit or certificate of occupancy, illegally altered the dwelling and

a person suffered physical injury in or around the dwelling due to the
illegal alterations. This offense is a class D felony.

New section 270.13 establishes the offense of failure to obtain an
alteration permit or certificate of occupancy for a multiple dwelling
in the first degree. A person is guilty of this offense when he or
she, being the owner of the dwelling, failed to obtain an alteration
permit or certificate of occupancy, illegally altered the dwelling and
a person suffered serious physical injury in or around the dwelling
due to the illegal alterations. This offense is a class C felony.

Section two of this bill provides that this act shall take effect on
the sixtieth day after it shall have become a law.

 CURRENT LAW :

The Multiple Dwelling Law provides penalties in the form of fines
and/or imprisonment for violations of the alteration permit
requirements and the certificate of occupancy requirements.

 JUSTIFICATION :

When a multiple dwelling is illegally altered, those alterations place
the public and our first responders at risk. The illegal alterations
could cause walls to fall or ignite more quickly. Additionally, they
could trap residents in the building.

On April 25, 2011, fire ripped through an illegally altered multiple
dwelling in the Bronx claiming the lives of a 12-year old boy and his
parents. Eight people, including four firefighters, were injured in
the fire. It took 106 firefighters an hour to get the blaze under
control. Prior to the fire, multiple complaints regarding the building
had been filed with the City's Buildings Department.

In February 2010, five men died in Brooklyn when the illegally
converted multiple dwelling in which they lived was set on fire. This
fire, which was a three alarm fire, was fought by 140 firefighters.
On November 10, 2014, the New York Times reported that prosecutors
said that the blaze could have been contained in one hour if it had

been up to code. The building's landlord, Vasilios Gerazounis, plead
guilty to criminally negligent homicide in conjunction with the fire.

Even though the City's Buildings Department is working to stop illegal
conversions in the City, buildings are illegally converted every day.
This bill would create a significant deterrent for those who may be
considering illegally altering a multiple dwelling. By increasing
current and creating new penalties for people who illegally convert
buildings, tragedies like those in the Bronx and Brooklyn may be
averted.

 LEGISLATIVE HISTORY :

2016: S.3239-B - Passed the Senate
2015: S.3239-A - Passed the Senate

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2017-S1864 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1864
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 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, 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:
 § 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.
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06050-01-7

 S. 1864                             2
 
 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
   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.
 § 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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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