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S3239Senate2015-2016 SessionSame asA10667

Relates to failure to obtain a building permit or certificate of occupancy for a multiple dwelling

Sponsor Martin J. GoldenSD-22Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

No co-sponsors yet.

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 61–1
  4. Amended on third reading (t) 3239b
  5. Ordered to third reading cal.981
  6. Committee discharged and committed to rules
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 59–2
Show 5 earlier actions
  1. Ordered to third reading cal.1451
  2. Committee discharged and committed to rules
  3. Print number 3239a
  4. Amend (t) and recommit to codes
  5. Referred to codes

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.

A10667Assembly

Relates to failure to obtain a building permit or certificate of occupancy for a dwelling

In Assembly Committee · Codes · Sponsor Michael Cusick

Full text

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

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to failure to obtain a building permit or certificate of occupancy for a dwelling

Purpose

To increase public safety by increasing the penalties for failing to obtain the proper permits or certificates prior to altering a dwelling or allowing an altered building to be inhabited.

Summary of provisions

Section one of this bill amends the Penal Law by adding three new sections 270.11, 270.12 and 270.13 regarding illegal conversions of a dwelling. New section 270.11 provides definitions that will be used for new sections 270.12 and 270.13. The terms defined in this section are "altered" or "alteration," "dwelling," "illegally altered," "local law or regulation".

New section 270.12 establishes the offense of failure to obtain an alteration permit or certificate of occupancy for a dwelling in the second degree. A person is guilty of this offense when he or she, being the owner of the dwelling, failed to obtain an alteration permit or certificate of occupancy, illegally altered the dwelling and a person suffered physical injury in or around the dwelling due to the illegal alterations. This offense is a class D felony.

New section 270.13 establishes the offense of failure to obtain an alteration permit or certificate of occupancy for a dwelling in the first degree. A person is guilty of this offense when he or she, being the owner of the dwelling, failed to obtain an alteration permit or certificate of occupancy, illegally altered the dwelling and a person suffered serious physical injury in or around the dwelling due to the illegal alterations. This offense is a class C felony.

Current law

The Multiple Dwelling Law provides penalties in the form of fines and/or imprisonment for violations of the alteration permit requirements and the certificate of occupancy requirements.

Justification

When a multiple dwelling is illegally altered, those alterations place the public and our first responders at risk. The illegal alterations could cause walls to fall or ignite more quickly. Additionally, they could trap residents in the building.

On April 25, 2011, fire ripped through an illegally altered multiple dwelling in the Bronx claiming the lives of a 12-year old boy and his parents. Eight people, including four firefighters, were injured in the fire. It took 106 firefighters an hour to get the blaze under control. Prior to the fire, multiple complaints regarding the building had been filed with the City's Buildings Department.

In February 2010, five men died in Brooklyn when the illegally converted multiple dwelling in which they lived was set on fire. This fire, which was a three alarm fire, was fought by 140 firefighters. On November 10, 2014, the New York Times reported that prosecutors said that the blaze could have been contained in one hour if it had been up to code. The building's landlord, Vasilios Gerazounis, plead guilty to criminally negligent homicide in conjunction with the fire.

Even though the City's Buildings Department is working to stop illegal conversions in the City, buildings are illegally converted every day. This bill would create a significant deterrent for those who may be considering illegally altering a multiple dwelling. By increasing current and creating new penalties for people who illegally convert buildings, tragedies like those in the Bronx and Brooklyn may be averted.

Legislative history

New bill

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.

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