Bill Text: NY A04107 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to liability of owners of illegal rentals if a resident or certain other person is injured or dies related to such owner's negligent maintenance of such illegal rental.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A04107 Detail]

Download: New_York-2019-A04107-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4107
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by  M.  of A. MONTESANO, M. G. MILLER, RAIA -- read once and
          referred to the Committee on Judiciary
        AN ACT to amend the general municipal law and the penal law, in relation
          to liability of owners of illegal rentals if  a  resident  or  certain
          other  person  is  injured  or  dies related to such owner's negligent
          maintenance of such illegal rental
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  general  municipal  law  is  amended by adding a new
     2  section 99-x to read as follows:
     3    § 99-x. Liability of owners of illegal rentals.  In the case of  seri-
     4  ous  injury  or  death  of  any resident of an illegal rental, or person
     5  involved in rescuing or assisting victims living in an  illegal  rental,
     6  the  owner  of  such illegal rental shall be presumed liable pursuant to
     7  sections 120.20 and 125.10 of the penal law.
     8    § 2. The first undesignated paragraph of section 120.20 of  the  penal
     9  law is amended to read as follows:
    10    A person is guilty of reckless endangerment in the second degree when:
    11    (a)  he  or she recklessly engages in conduct which creates a substan-
    12  tial risk of serious physical injury to another person; or
    13    (b) he or she is an owner of an illegal rental unit and a resident  of
    14  such  unit  is  a  victim  of such owner's negligent maintenance of such
    15  rental, or a person involved in rescuing or assisting  such  victims  in
    16  such illegal rental suffers serious physical injury.
    17    §  3.  The first undesignated paragraph of section 125.10 of the penal
    18  law is amended to read as follows:
    19    A person is guilty of criminally negligent homicide when[,]:
    20    (a) with criminal negligence, he or she causes the  death  of  another
    21  person; or
    22    (b)  he or she is an owner of an illegal rental unit and a resident of
    23  such unit is a victim of such  owner's  negligent  maintenance  of  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08297-01-9

        A. 4107                             2
     1  rental,  or  a  person involved in rescuing or assisting such victims in
     2  such illegal rental suffers death.
     3    § 4. This act shall take effect on the first of November next succeed-
     4  ing the date on which it shall have become a law.
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