What's happening
This bill makes it a felony to submit building permit applications with false tenant occupancy information in New York City.
Why it matters
Targets fraudulent permit applications related to tenant occupancy. The bill specifically addresses situations where developers or landlords misrepresent the number or status of tenants in buildings slated for demolition or major renovation, which can be a tactic to circumvent tenant protections or eviction laws.
Applies only to large cities (NYC). The new felony provision is limited to cities with populations over one million, focusing its impact on New York City, where tenant displacement and development pressures are especially acute.
Increases legal consequences for bad actors. By making such false statements a felony (class E), the law significantly raises the stakes for those who might otherwise risk submitting false information, potentially deterring fraudulent filings and protecting vulnerable tenants.
Supports enforcement of housing and safety regulations. Accurate records of tenant occupancy are crucial for enforcing housing codes, safety standards, and tenant rights, so this measure aims to strengthen the city’s ability to monitor and regulate building activities.
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Who cares
Headline styles
Punish False Tenant Claims
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2251
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. HOYLMAN, BAILEY, KRUEGER, PERSAUD, SEPULVEDA -- 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 including filing certain building permit applications containing false statements regarding tenant occupancy in the offense of offering a false instrument for filing in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 175.35 of the penal law, as amended by chapter 490 of the laws of 2013, is amended to read as follows: § 175.35 Offering a false instrument for filing in the first degree.
A person is guilty of offering a false instrument for filing in the first degree when:
1. knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation; or
2. (a) he or she commits the crime of offering a false instrument for filing in the second degree; and
(b) such instrument is a financing statement the contents of which are prescribed by section 9--502 of the uniform commercial code, the collateral asserted to be covered in such statement is the property of a person who is a state or local officer as defined by section two of the public officers law or who otherwise is a judge or justice of the unified court system, such financing statement does not relate to an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08558-01-9
S. 2251 2
actual transaction, and he or she filed such financing statement in retaliation for the performance of official duties by such person; or
3. with intent to obtain a building permit in violation of an existing law, rule or regulation, he or she offers or presents to a public office, public servant, public authority or public benefit corporation a building permit application for purposes of demolishing or significantly renovating a property located in a city having a population of one million or more persons, knowing that such building permit application contains a false statement or false information regarding the extent of the tenant occupancy.
Offering a false instrument for filing in the first degree is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date upon which 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 including filing certain building permit applications containing false statements regarding tenant occupancy in the offense of offering a false instrument for filing in the first degree
Purpose of bill
For far too long, property owners have submitted applications for permits for construction that falsely state there are no tenants living in their building. This is done when unethical property owners acquire buildings with rent-regulated tenants. The false application allows property owners to engage in dangerous construction that is so extreme as so make the units uninhabitable. Once tenants are forced out, the landlord can make the units fair market value and turn a profit. This disrupts rent stabilization and affordable housing availability in New York. This bill provides that filing such an application knowing there are false representations regarding tenant occupancy shall qualify as offering a false instrument for filing in the first degree, constituting a class E felony.
Summary of provisions
Section 1 amends Section 175.35 of the penal law, as amended by the chapter 490 of the laws of 2013 to add that when an individual presents to a public office, public servant, public authority or public benefit corporation a building permit application to demolish or significantly alter a property in a city with a population of one million or more knowing that such building contains a false statement or false informa- tion regarding tenant occupancy shall be considered offering a false instrument for filing in the first degree, which is a class E felony.
Section 2 establishes the effective date.
Justification
Abusive and unethical property owners acquire property filled with rent- stabilized low-income tenants with the intention of forcing them out and renting the apartments at market value. These property owners frequently submit false applications for demolition or substantial renovation. They then engage in "constructive eviction." The property owner will refuse to provide heating or water, or use the act of demolition itself as harassment by making it so extensive and unbearable that the tenant is forced to move out. Because the property owner has represented to the government that there are no tenants, they do not have to institute protections for tenants guaranteed by the government or provide any of the usual safety or health requirements present for renovations. Tenants often do not know they have any recourse because there are no posted permits alerting them to the right to tenant protection.
In 2018, it was revealed that Jared Kushner's real estate company filed more than 80 construction permit applications for 34 buildings across New York City between 2013 and 2016, stating that it had no rent-regu- lated tenants, when in fact there were over 300 rent-regulated units. He then used aggressive means of renovation to force the most vulnerable rent-regulated tenants to vacate their apartments and returned those apartments to market value in order to turn a profit.
Unfortunately, this is actually a widespread practice. Landlords regu- larly engage in this behavior, systematically reducing the availability of affordable housing. This bill aims to put a stop to this by making the filing of an application that falsely states there are no tenants a class E felony, thus deterring the behavior.
Legislative history
2018: S.8573 (Hoylman) - Died in Codes
Effective date
This act shall become effective on the first of November next succeeding the date upon which it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.