What's happening
This bill makes it a felony for owners in New York City to fail to get required permits or certificates for altered dwellings if injury results.
Why it matters
Raises the stakes for property owners. By making it a felony if someone is injured due to unpermitted or illegal alterations, the bill significantly increases legal risk for landlords and homeowners who cut corners on safety compliance.
Targets safety violations in high-density areas. The law specifically applies to one-to-four family dwellings in New York City, recognizing the heightened dangers posed by unregulated construction in the nation's most populous urban environment.
Links criminal liability directly to harm. Criminal charges only apply if an unpermitted alteration directly or indirectly causes physical injury (class E felony) or serious physical injury (class D felony), drawing a clear line between paperwork violations and those that result in real-world harm.
Aims to deter dangerous housing practices. The amendment is a response to recurring tragedies involving illegally converted apartments, seeking to prevent landlords from risking tenant safety for profit by imposing much harsher consequences when injuries occur.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
New York City owners of one- to four-family dwellings
They could face class E or class D felony charges when owner-authorized illegal alterations cause injury or serious injury and required building permits or certificates of occupancy were not obtained.
Residents of illegally altered dwellings
The bill would create felony penalties tied to injuries caused by illegal structural changes or changes that impede emergency escape.
New York City prosecutors
They would gain two new felony offenses for pursuing owners whose failure to obtain required permits or occupancy certificates accompanies illegal alterations that cause injury.
Headline styles
Penalize Illegal Apartment Conversions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Print number 7178a
- Amend and recommit 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.
Make Permits Mandatory for Rentals
In Senate Committee · Rules · Sponsor Andrew Gounardes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7178--A
2019-2020 Regular Sessions
IN ASSEMBLY
April 10, 2019
Introduced by M. of A. FRONTUS -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 author-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07695-03-9
A. 7178--A 2
izing alterations to such dwelling, (b) such dwelling was illegally 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 E 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 D 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.