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A6264Assembly2019-2020 Session

Penalize Illegal Housing Converters

Official title

“Assigns liability for monetary penalties for an illegal conversion of a housing unit to the person actually so doing and/or the owner, not the residents”

Sponsor N. Nick PerryAD-58Affects Local Government
Status
In Assembly Committee
Cities
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Cities

What's happening

This bill makes contractors primarily liable for illegal housing conversions in NYC, limiting penalties for owners unless they are complicit or negligent.

Why it matters

  1. Shifts accountability for illegal conversions from building owners to contractors. , except when owners are directly involved or have knowledge of unpermitted work, which could change how risks and responsibilities are allocated in property transactions and renovations.

  2. Provides significant legal protections for property owners. who did not perform, commission, or knowingly allow illegal conversions, possibly reducing the number of owners penalized for actions taken by previous owners or contractors.

  3. Introduces new affirmative defenses for owners. , such as discrepancies between city records or when a property was already illegally converted at the time of purchase, potentially making it easier for innocent purchasers to avoid fines.

  4. May impact contractor practices and insurance. by placing primary liability on those who perform unpermitted construction, which could lead to heightened scrutiny of building permits and contractor qualifications, and possibly increased costs or requirements for contractor liability coverage.

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Who cares

Headline styles

Penalize Illegal Housing Converters

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
N. Nick Perry

Assembly Member · Assembly District 58

History

  1. Referred to cities
  2. Referred to cities

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6264

2019-2020 Regular Sessions

IN ASSEMBLY

March 4, 2019

Introduced by M. of A. PERRY -- 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.

LBD05271-01-9

A. 6264 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.