S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5057
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of A. MONTESANO, THIELE -- read once and referred to
   the Committee on Local Governments
 
 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:
   §  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.
              

                                                            LBD08505-01-1

 A. 5057                             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.
   § 2. This act shall take effect immediately.