Assembly Bill A1636

2021-2022 Legislative Session

Assigns liability for monetary penalties for an illegal conversion of a housing unit to the person actually so doing and/or the owner, not the residents

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • 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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2021-A1636 (ACTIVE) - Details

Law Section:
New York City Administrative Code
Laws Affected:
Add §28-210.4, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2009-2010: A3547
2011-2012: A3168
2013-2014: A4093
2015-2016: A5046
2017-2018: A822
2019-2020: A6264
2023-2024: A6466

2021-A1636 (ACTIVE) - Summary

Provides that the contractor who performed the construction work which results in an illegal conversion of a housing unit shall be held liable for monetary penalties related to such illegal conversion, rather than the residents; provides that the owner of the building shall be held liable if he or she knew or should reasonably have known that the construction was being done without prior approval by the department of buildings and without the required permits.

2021-A1636 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1636
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. COOK --
   read once and referred to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to the liability for an illegal conversion
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 28-210.4 to read as follows:
   §  28-210.4  LIABILITY  FOR ILLEGAL CONVERSION. A. FOR THE PURPOSES OF
 THIS SECTION, AN "ILLEGAL CONVERSION" SHALL MEAN THE CREATION OR MODIFI-
 CATION OF A HOUSING UNIT OR UNITS, FOR WHICH  APPROVAL  OR  PERMITS  ARE
 REQUIRED  BY LAW OR REGULATION, WITHOUT FIRST OBTAINING SUCH APPROVAL OR
 PERMITS FROM THE DEPARTMENT OF BUILDINGS.
   B. IN THE EVENT AN ILLEGAL  CONVERSION  HAS  OCCURRED,  DETERMINED  BY
 ORDER  OR JUDGMENT OF THE ENVIRONMENTAL CONTROL BOARD, THE CONTRACTOR OR
 INDIVIDUAL WHO PERFORMED THE CONSTRUCTION SHALL BE HELD LIABLE  FOR  ANY
 MONETARY PENALTIES RELATED THERETO.
   C.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE OWNER OF
 THE BUILDING IN WHICH AN ILLEGAL CONVERSION HAS BEEN PERFORMED SHALL NOT
 BE  HELD  LIABLE FOR SUCH MONETARY PENALTIES PURSUANT TO A DETERMINATION
 OF AN ILLEGAL CONVERSION UNLESS:
   (I) HE OR SHE IS ALSO THE INDIVIDUAL WHO PERFORMED  THE  CONSTRUCTION;
 OR
   (II)  HE  OR SHE KNEW OR REASONABLY SHOULD HAVE KNOWN THAT APPROVAL OF
 THE DEPARTMENT OF BUILDINGS AND PERMITS WERE REQUIRED AND HAD  NOT  BEEN
 OBTAINED PRIOR TO SUCH CONSTRUCTION.
   D.  IT  SHALL  BE A COMPLETE AND AFFIRMATIVE DEFENSE TO ANY VIOLATIONS
 ISSUED BY THE DEPARTMENT OF BUILDINGS FOR ILLEGAL  CONVERSIONS  OR  WORK
 DONE WITHOUT A PERMIT THAT:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05470-01-1

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