Skip to content
S4285Senate2011-2012 SessionSame asA128

Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing illegal housing laws and regulations

Sponsor Jack M. MartinsSD-7+2 co-sponsorsAffects Local Government
Status
In Assembly Committee
Local Governments
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Local Governments

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Jack M. Martins

Senator · Senate District 7

Chair, Local Government

History

  1. Referred to local governments
  2. Delivered to assembly
  3. Passed senateVote 59–0
  4. Amended on third reading 4285b
  5. Advanced to third reading
  6. 2nd report cal.
  7. 1st report cal.212
  8. Print number 4285a
  9. Amend and recommit to local government
  10. Referred to local government
  11. Committed to rules
  12. Advanced to third reading
Show 3 earlier actions
  1. 2nd report cal.
  2. 1st report cal.332
  3. Referred to local government

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A128Assembly

Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing illegal housing laws and regulations

In Assembly Committee · Local Governments · Sponsor Michael Montesano

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S4285B

Title of bill

An act to amend the general municipal law, in relation to authorized on-site inspections of housing in violation of zoning laws

Purpose or general idea of bill

Authorizes the on-site inspections of housing in violation of zoning laws for purposes of enforcing illegal housing laws and regulations.

Summary of specific provisions

The general municipal law is amended by adding a new section 99-w, which allows on-site inspection of a residence upon obtaining a search warrant if any form of advertisement or listing (newspaper, pennysaver, supermarket paper, advertising flyer, internet listing, electronic mail list or any other type of listing) offers a rental unit in excess of the zoning certificate of occupancy. The governmental entity with jurisdiction over the premises shall create a rebuttable presumption that it is in violation of the code, law or certificate. A notice of violation may be issued to the owner, and then the owner shall have at least 7 days to prove compliance, or be subject to an on-site zoning inspection by a municipal housing inspector or tax assessor for the limited purpose of confirming compliance with the applicable zoning code or law affecting the premises, or certificate of occupancy, certificate of prior nonconforming use or any other certificate, notice or form of document.

Justification

Communities across the state have all seen a rise in illegal housing and slumlords attempting to take over our neighborhoods. Local newspapers repeatedly run ads by absentee landlords offering rental opportunities for those interested, The increase of illegal rental apartments has caused additional burdens to the taxpayers within local governments and schools as well as a drain on local resources. This legislation is aimed to give government one more tool to fight this increasing problem.

Enactment of this legislation will give towns and zoning authorities a greater ability to enforce local zoning and building codes and create a safer environment for all residents of these communities. This bill would also provide firefighters and other emergency responders with pertinent information regarding occupancy of the buildings, as well as any structural changes made, In addition, this bill would ensure towns are able to properly assess the properties for tax purposes.

Prior legislative history

A.10657 (2010); A.3873 (2009); A.7666 (2008)

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.