What's happening
This bill makes contractors primarily liable for illegal housing conversions in NYC, limiting owners' liability except in specific circumstances.
Why it matters
Shifts primary liability for illegal housing conversions from property owners to the contractor or individual who performed the work. , unless the owner personally did the construction or knowingly allowed it without proper permits—this could significantly change who faces fines and legal action in these cases.
Creates new affirmative defenses for property owners. , allowing them to avoid penalties if city records conflict about the property’s legal status, or if they bought the property already in an illegal condition—potentially reducing the risk for unsuspecting buyers.
May incentivize contractors to follow permitting laws more strictly. and could reduce instances where owners are punished for the actions of unscrupulous builders, while also encouraging due diligence during property transactions.
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Who cares
Headline styles
Protect Tenants from Conversion Fines
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to cities
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
822
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. PERRY, HARRIS -- Multi-Sponsored by -- M. of A. ARROYO, COOK -- read once and referred to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in relation to the liability for an illegal conversion
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The administrative code of the city of New York is amended by adding a new section 28-210.4 to read as follows:
§ 28-210.4 Liability for illegal conversion. a. For the purposes of this section, an "illegal conversion" shall mean the creation or modification of a housing unit or units, for which approval or permits are required by law or regulation, without first obtaining such approval or permits from the department of buildings.
b. In the event an illegal conversion has occurred, determined by order or judgment of the environmental control board, the contractor or individual who performed the construction shall be held liable for any monetary penalties related thereto.
c. Notwithstanding any provision of law to the contrary, the owner of the building in which an illegal conversion has been performed shall not be held liable for such monetary penalties pursuant to a determination of an illegal conversion unless:
(i) he or she is also the individual who performed the construction; or
(ii) he or she knew or reasonably should have known that approval of the department of buildings and permits were required and had not been obtained prior to such construction.
d. It shall be a complete and affirmative defense to any violations issued by the department of buildings for illegal conversions or work done without a permit that:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06439-01-7
A. 822 2
(i) the department of finance records and the department of buildings records conflict as to the description or assessment of the subject property; or
(ii) the owner of the building purchased said property in the illegal conversion condition.
§ 2. This act shall take effect on the ninetieth 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.