Assembly Bill A6466

2023-2024 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

Current Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-A6466 (ACTIVE) - Details

Current Committee:
Assembly Cities
Law Section:
New York City Administrative Code
Laws Affected:
Add §28-210.4.3, 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
2021-2022: A1636

2023-A6466 (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.

2023-A6466 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6466
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- 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 28-210.4.3 to read as follows:
   §  28-210.4.3 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.
                                                            LBD08125-01-3
 A. 6466                             2

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.