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S1313Senate2025-2026 Session

Crack Down on Illegal Apartments

Official title

“Relates to failure to obtain a building permit or certificate of occupancy for a multiple dwelling”

Sponsor Andrew GounardesSD-26Affects Legal
Status
In Senate Committee
Codes
Impact
6/10
Moderate
Passage
11%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill makes it a felony for owners in NYC to allow illegal alterations to dwellings without proper permits or certificates if injuries result.

Why it matters

  1. Imposes criminal liability on owners. The bill holds property owners in New York City directly criminally responsible if someone is injured as a result of unauthorized or illegal alterations to their residential buildings, elevating what was often a civil or administrative matter to a criminal one.

  2. Targets dangerous living conditions. By focusing on alterations that impede emergency egress or violate building codes, the legislation aims to deter the creation of unsafe living spaces—often seen in illegal subdivisions or conversions that can trap residents during fires or emergencies.

  3. Establishes felony charges based on injury severity. The law creates two felony levels—Class E for incidents causing physical injury, and the more severe Class D for cases resulting in serious physical injury—meaning the consequences for owners scale with the harm caused to victims.

  4. Emphasizes owner authorization. The bill specifically penalizes situations where the owner authorized the illegal work, making it harder for owners to claim ignorance or distance themselves from unsafe alterations on their property, and thus incentivizing better oversight and compliance.

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Who cares

Headline styles

Crack Down on Illegal Apartments

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

Sponsors

Primary sponsor
Andrew Gounardes

Senator · Senate District 26

Chair, Budget And Revenue

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

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

STATE OF NEW YORK

1313

2025-2026 Regular Sessions

IN SENATE

January 9, 2025

Introduced by Sen. GOUNARDES -- 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, such person (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.

LBD01267-01-5

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, such person (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, such person (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, such person (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.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to failure to obtain a build- ing permit or certificate of occupancy for a dwelling

Purpose or general idea of bill

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."

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 they, 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 E 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 they, 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 D 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 can trap residents in the building.

Even though the New York City 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, all-too-common tragedies may be averted.

Prior legislative history

2023-2024: S340 - Referred to Codes

2021-2022: S860 - Referred to Codes

2020: S3674A - Committed to Rules

2019: S3674A - Committed to Rules

2018: S.1864 - Referred to Codes

2017: S.1864 - Passed Senate, died in Assembly

2016: S.3239B - Passed Senate, died in Assembly

2015: S.3239A - Passed Senate, died in Assembly

Fiscal implications

None

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.