What's happening
This bill creates new felony offenses for owners in New York City who fail to obtain permits or certificates of occupancy for dwellings that are illegally altered and cause physical injury.
Why it matters
Imposes significant criminal liability on property owners. By creating felony charges (class D and C felonies) for owners who fail to secure permits or certificates of occupancy for illegal alterations that result in injury, the law substantially raises the stakes for compliance, potentially leading to prison time rather than just fines.
Targets owner responsibility for occupant safety. The bill specifically holds owners criminally responsible if someone is physically injured or seriously injured due to illegal alterations they authorized or failed to permit, shifting greater accountability onto landlords and property owners.
Focuses enforcement in New York City one-to-four family homes. The definition of "dwelling" applies only to smaller residential buildings in cities with populations over one million (effectively, New York City), directly addressing issues with illegal conversions in the city’s high-demand housing market.
Aims to deter dangerous housing practices. By linking criminal penalties to injuries caused by unauthorized and unsafe alterations, the bill attempts to discourage practices like creating illegal apartments or blocking fire exits, which have led to tragedies in the past.
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Who cares
Headline styles
Crack Down on Illegal Alterations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1027
- 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.
Punish Unsafe Building Alterations
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1864
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed 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
S. 1864 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.
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 multiple 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 multiple 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," and "multiple dwelling."
Read the full memo (620 words)
New section 270.12 establishes the offense of failure to obtain an alteration permit or certificate of occupancy for a multiple 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 multiple 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.
Section two of this bill provides that this act shall take effect on the sixtieth day after it shall have become a law.
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
2016: S.3239-B - Passed the Senate 2015: S.3239-A - Passed the Senate
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.