Bill Text: NY A07178 | 2019-2020 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A07178 Detail]

Download: New_York-2019-A07178-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7178--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     April 10, 2019
                                       ___________

        Introduced  by M. of A. FRONTUS -- read once and referred to the Commit-
          tee on Codes -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee

        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:

     1    Section 1. The penal law is  amended  by  adding  three  new  sections
     2  270.11, 270.12, and 270.13 to read as follows:
     3  § 270.11 Definitions.
     4    As  used  in sections 270.12 and 270.13 of this article, the following
     5  terms shall have the following definitions.
     6    1. The terms "altered" and "alteration" shall mean any change  in  the
     7  structural  parts  of  a  building or any change that impedes a person's
     8  egress from a building during a fire or emergency evacuation.
     9    2. The term "dwelling" shall mean any  one  to  four  family  dwelling
    10  located  in  a  city  with  a population of one million or more which is
    11  occupied in whole or in part as the home, residence or sleeping place of
    12  one or more human beings.
    13    3. The term "illegally altered" shall mean a dwelling with alterations
    14  that violate the building code, or local law or regulation.
    15    4. The term "local law or regulation" shall  mean  the  administrative
    16  code  of  the  city  of New York or regulation that has been promulgated
    17  thereunder.
    18  § 270.12 Failure to obtain a building permit or certificate of occupancy
    19             for a dwelling in the second degree.
    20    A person is guilty of failure to obtain a building permit  or  certif-
    21  icate of occupancy for a dwelling in the second degree when:
    22    1.  Being  the owner of the dwelling, he or she (a) failed to obtain a
    23  building permit pursuant to the building code or a local  law  or  regu-
    24  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.
                                                                   LBD07695-03-9
        A. 7178--A                          2

     1  izing  alterations  to  such  dwelling,  (b) such dwelling was illegally
     2  altered with authorization of the owner, (c) a person suffered  physical
     3  injury  in  or  around such dwelling, and (d) one or more of such alter-
     4  ations were the direct or indirect cause of such physical injury; or
     5    2.  Being  the owner of the dwelling, he or she (a) altered or author-
     6  ized alteration of a dwelling, (b) failed to  obtain  a  certificate  of
     7  occupancy prior to allowing occupation of such altered dwelling pursuant
     8  to  the  building  code or a local law or regulation requiring a certif-
     9  icate of occupancy prior to its use or occupancy, (c) such dwelling  was
    10  illegally altered with authorization of the owner, (d) a person suffered
    11  physical injury in or around such multiple dwelling, and (e) one or more
    12  of  such  alterations were the direct or indirect cause of such physical
    13  injury.
    14    Failure to obtain a building permit or certificate of occupancy for  a
    15  dwelling in the second degree is a class E felony.
    16  § 270.13 Failure to obtain a building permit or certificate of occupancy
    17             for a dwelling in the first degree.
    18    A  person  is guilty of failure to obtain a building permit or certif-
    19  icate of occupancy for a dwelling in the first degree when:
    20    1. Being the owner of the dwelling, he or she (a) failed to  obtain  a
    21  building  permit  pursuant  to the building code or a local law or regu-
    22  lation requiring permits for alterations prior  to  engaging  in  alter-
    23  ations  to  such  dwelling, (b) such dwelling was illegally altered with
    24  authorization of the owner, (c) a person suffered serious physical inju-
    25  ry in or around such dwelling, and (d)  one  or  more  of  such  illegal
    26  alterations  were  the direct or indirect cause of such serious physical
    27  injury; or
    28    2. Being the owner of the dwelling, he or she (a) altered a  dwelling,
    29  (b)  failed to obtain a certificate of occupancy prior to allowing occu-
    30  pation of such altered dwelling pursuant to the building code or a local
    31  law or regulation requiring a certificate of occupancy prior to its  use
    32  or occupancy, (c) such dwelling was illegally altered with authorization
    33  of the owner, (d) a person suffered serious physical injury in or around
    34  such  dwelling, and (e) one or more of such illegal alterations were the
    35  direct or indirect cause of such serious physical injury.
    36    Failure to obtain a building permit or certificate of occupancy for  a
    37  dwelling in the first degree is a class D felony.
    38    §  2.  This  act  shall take effect on the sixtieth day after it shall
    39  have become a law.