What's happening
This bill creates felony penalties for building owners in NYC who fail to obtain permits or certificates of occupancy, resulting in injury due to illegal alterations.
Why it matters
Targets dangerous, unauthorized building changes. By criminalizing failure to get permits or certificates of occupancy when alterations lead to injury, the bill aims to deter owners from making risky, illegal modifications that can endanger tenants and emergency responders.
Shifts accountability to property owners. The legislation explicitly holds owners criminally responsible when unpermitted, code-violating alterations are made with their authorization, making it harder for landlords to evade responsibility for unsafe conditions.
Introduces felony consequences based on harm caused. The bill creates two levels of offenses: a class D felony if someone suffers any physical injury, and a more severe class C felony if the injury is “serious,” emphasizing the legal and personal risks of noncompliance.
Focuses enforcement on NYC’s small dwellings. By applying to 1-4 family homes in New York City, the law targets a common source of illegal conversions used for overcrowding or unpermitted rental units, which have been linked to fires and other tragedies.
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Who cares
Headline styles
Punish Unsafe Building Alterations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- 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.
Crack Down on Illegal Alterations
In Senate Committee · Codes · Sponsor Martin J. Golden
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5528
2017-2018 Regular Sessions
IN ASSEMBLY
February 10, 2017
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to failure to obtain a building permit or certificate of occupancy for a dwelling
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding three new sections 270.11, 270.12, and 270.13 to read as follows: § 270.11 Definitions.
As used in sections 270.12 and 270.13 of this article, the following terms shall have the following definitions.
1. The terms "altered" and "alteration" shall mean any change in the structural parts of a building or any change that impedes a person's egress from a building during a fire or emergency evacuation.
2. The term "dwelling" shall mean any one to four family dwelling located in a city with a population of one million or more which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings.
3. The term "illegally altered" shall mean a dwelling with alterations that violate the building code, or local law or regulation.
4. The term "local law or regulation" shall mean the administrative code of the city of New York or regulation that has been promulgated thereunder. § 270.12 Failure to obtain a building permit or certificate of occupancy
for a dwelling in the second degree.
A person is guilty of failure to obtain a building permit or certificate of occupancy for a dwelling in the second degree when:
1. Being the owner of the dwelling, he or she (a) failed to obtain a building permit pursuant to the building code or a local law or regulation requiring permits for alterations prior to engaging in or authorizing alterations to such dwelling, (b) such dwelling was illegally
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06050-01-7
A. 5528 2
altered with authorization of the owner, (c) a person suffered physical injury in or around such dwelling, and (d) one or more of such alterations were the direct or indirect cause of such physical injury; or
2. Being the owner of the dwelling, he or she (a) altered or authorized alteration of a dwelling, (b) failed to obtain a certificate of occupancy prior to allowing occupation of such altered dwelling pursuant to the building code or a local law or regulation requiring a certificate of occupancy prior to its use or occupancy, (c) such dwelling was illegally altered with authorization of the owner, (d) a person suffered physical injury in or around such multiple dwelling, and (e) one or more of such alterations were the direct or indirect cause of such physical injury.
Failure to obtain a building permit or certificate of occupancy for a dwelling in the second degree is a class D felony. § 270.13 Failure to obtain a building permit or certificate of occupancy
for a dwelling in the first degree.
A person is guilty of failure to obtain a building permit or certificate of occupancy for a dwelling in the first degree when:
1. Being the owner of the dwelling, he or she (a) failed to obtain a building permit pursuant to the building code or a local law or regulation requiring permits for alterations prior to engaging in alterations to such dwelling, (b) such dwelling was illegally altered with authorization of the owner, (c) a person suffered serious physical injury in or around such dwelling, and (d) one or more of such illegal alterations were the direct or indirect cause of such serious physical injury; or
2. Being the owner of the dwelling, he or she (a) altered a dwelling, (b) failed to obtain a certificate of occupancy prior to allowing occupation of such altered dwelling pursuant to the building code or a local law or regulation requiring a certificate of occupancy prior to its use or occupancy, (c) such dwelling was illegally altered with authorization of the owner, (d) a person suffered serious physical injury in or around such dwelling, and (e) one or more of such illegal alterations were the direct or indirect cause of such serious physical injury.
Failure to obtain a building permit or certificate of occupancy for a dwelling in the first degree is a class C felony.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
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.