What's happening
This bill allows municipalities to use rental advertisements as probable cause to inspect properties for zoning violations after obtaining a search warrant.
Why it matters
Empowers local governments to proactively investigate suspected illegal rentals. by treating certain rental advertisements as sufficient evidence to request a search warrant, potentially increasing enforcement against unpermitted or overcrowded housing.
Shifts the burden of proof to property owners. if a municipality finds a potentially noncompliant rental listing, the owner must provide documentation of compliance within a week or face further legal action, which could streamline code enforcement but may also catch owners off-guard.
Expands the definition of probable cause for property inspections. to include online and print rental ads, making it easier for municipalities to address issues such as illegal short-term rentals or apartments exceeding occupancy limits.
Might affect the privacy rights of property owners and tenants,. as municipal inspectors would have an explicit legal pathway to seek warrants based primarily on rental advertisements—potentially leading to more frequent inspections and legal scrutiny for landlords.
Albany, before your first meeting.
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Who cares
Headline styles
Allow Housing Inspections for Violations
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- Held for consideration in local governments
- Referred to local governments
- Referred to local governments
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2257
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. MONTESANO, M. G. MILLER, RAIA, THIELE, MURRAY -read once and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to authorized on-site inspections of housing in violation of zoning laws
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general municipal law is amended by adding a new section 99-x to read as follows:
§ 99-x. Inspection authorized. Any advertisement or listing, including, but not limited to, newspaper, "pennysaver" or supermarket paper, advertising flyer, internet listing, electronic mail list or other listing, offering for rent any residential dwelling unit in excess of that permitted by the applicable zoning code or law or any certificate of occupancy or certificate of prior non-conforming use on file with the municipal or governmental entity having jurisdiction over the premises, shall create a rebuttable presumption that such use violates such code, law or certificate, which presumption shall be sufficient cause to authorize, under this section, upon obtaining a search warrant, an on-site inspection by a municipal housing or building 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 non-conforming use or any other certificate, notice, form or other document relating to authorized occupancy or usage which is issued by a municipal or governmental entity having jurisdiction over such matters. Pursuant to this section, such advertisement or listing may constitute probable cause for the issuance of a search warrant pursuant to article six hundred ninety of the criminal procedure law.
A notice of violation may be issued to the owner of the premises, at the address listed on the latest available tax assessor's records, upon delivery of which the owner shall have at least seven days to provide
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06079-01-7
A. 2257 2
proof of compliance with the zoning code or law or certificate. The production of proof of compliance shall serve to rebut the presumption and no summonses, violations or appearance tickets shall be issued.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.