Establishes the class C felony of illegal conversion or alteration of real property

BILL NUMBER:S889A

Title of bill

An act to amend the penal law, in relation to establishing the crime of illegal conversion or alteration of real property

Summary of provisions

Section 1 of the bill amends the penal law to add two new sections 145.75 and 145.80.

Section 2 of the bill sets forth an effective date on the first November next succeeding the date on which it shall have become law.

Justification

Improper and illegal building conversions and alterations occur throughout the state, endangering residents, business owners, employees, construction workers, and emergency service responders, primarily fire Fighters.

Firefighters have been trapped and subsequently seriously injured or killed while fighting fires in illegally converted buildings in New York City in recent years, including a January 2005 fire in a Bronx apartment building with units containing illegal partitions where two firefighters died and four were injured while fighting the fire. Again in August 2006, a fire in a Bronx discount store where renovations had been professionally certified five years prior and were subsequently poorly implemented, killed two firefighters and injured over twenty others when the store's floor collapsed as firefighters entered the building, trapping the men underneath large quantities of debris. The fire collapse was later attributed to the building's rotting steel support beams.

Additional tragic events in New York City include a 2009 fire in an illegally converted building that caused the deaths of 3 people and a 2011 fire in an illegally converted building that seriously injured 6 civilians and 5 firefighters. In late 2011, a police officer was fatally wounded while trying to apprehend a suspect in an illegally converted apartment building which many believe created an extremely dangerous situation for police on the scene.

In a process where not all applications and submissions are reviewed by local officials and private professionals are often empowered and trusted to certify project and development plans, it is crucial that there exist the utmost accountability for the ramifications of the actions of the parties involved, including the engineers, architects and landlords.

Greater accountability and stricter obedience to the laws, rules and regulations regarding conversions and alterations would result in less dangerous emergency situations and rescue operations for first responders and a less hazardous environment for those actually performing the construction-related work.

Legislative history

2011-12: S.7274

Fiscal implications

Yet to be determined.

Effective date

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