NY State Senate Bill 2021-S860

Senate Bill S860

2021-2022 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 06, 2021	referred to codes

co-Sponsors

2021-S860 (ACTIVE) - Details

See Assembly Version of this Bill:: A6273
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
2017-2018: S1864, A5528
2019-2020: S3674, A7178
2023-2024: S340

2021-S860 (ACTIVE) - Summary

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

2021-S860 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S860

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the penal law, in relation to failure to obtain a build-
ing permit or certificate of occupancy for a dwelling

 
PURPOSE OR GENERAL IDEA OF BILL:

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 E 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 D 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.

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.

 
PRIOR LEGISLATIVE HISTORY:

2020: S3674A - Advanced to Third Reading
2019: S3674A - Committed to Rules
2018: S.1864 - Referred to Codes
2017: S.1864 - Passed the Senate
2016: S.3239-B - Passed the Senate
2015: S.3239-A - Passed the Senate

 
FISCAL IMPLICATIONS:

None

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

2021-S860 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    860
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03100-01-1

 S. 860                              2
 
 IZING  ALTERATIONS  TO  SUCH  DWELLING,  (B) SUCH DWELLING WAS ILLEGALLY
 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 E 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 D FELONY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S860

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Sponsored By

Andrew Gounardes