Imposes criminal penalties for death or serious injury of individuals resulting from violations of the multiple dwelling law

Section 1 of this bill amends section 125.10 of the penal Law by adding a section that finds a person guilty of criminally negligent homicide when a person violates or assists in the violation of any provision of the multiple dwelling law and such violation results in the death of another.

Section 2 of this bill amends section 304 of the Multiple Dwelling Law by adding a new subdivision 1-b that provides that every person who violates or assists in the violation of any provision of the multiple dwelling law, where such violation results in serious physical injury to another person shall be guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars or by imprisonment for a period not exceeding one year, or by both.

Existing law

Current provisions of the multiple dwelling law do not provide enhanced penalties for violations where such violations result in serious physical harm; the penal law does not provide specific charges where violations of the multiple dwelling law result in death.

Justification

The problem of illegal apartment conversions is persistent and pervasive, and places residents of the State in danger of physical harm or death, and puts tremendous strains on community resources, including building, fire and emergency medical services personnel. An illegal conversion is the creation of one or more additional dwelling units within a building without first receiving the necessary building permits.

On May 7, 2007, a Brooklyn fire claimed the life of a mother and her one year old son, critically injuring two other family members. The illegally converted basement apartment had no smoke detectors and the rear exit was sealed shut, according to the New York City Fire Department.

This bill also provides District Attorneys with the ability to present a charge for criminally negligent homicide where violations of the multiple dwelling law results in the death of another. Current provisions of the penal law do not contain a specific section addressing such a crime.

Also, current provisions of the multiple dwelling law do not criminalize violations of that section, regardless of the harm resulting from such violations. Under existing law, violations are punishable based not upon the severity of the resulting injury, but are graduated depending on the number of offenses. This bill recognizes that an illegal conversion is a serious offense, and provides enhanced penalties for those who violate, or assist in violating the multiple dwelling law where serious physical injury occurs as a result of such violations.

Legislative history

New bill.

Fiscal implications

There would be no fiscal impact.

Local fiscal implications

There would be no local fiscal impact.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.