senate Bill S4285A

Amended

Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing illegal housing laws and regulations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Mar / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 06 / Apr / 2011
    • 1ST REPORT CAL.332
  • 11 / Apr / 2011
    • 2ND REPORT CAL.
  • 12 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 05 / Jan / 2012
    • PRINT NUMBER 4285A
  • 29 / Feb / 2012
    • 1ST REPORT CAL.212
  • 01 / Mar / 2012
    • 2ND REPORT CAL.
  • 05 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 14 / May / 2012
    • AMENDED ON THIRD READING 4285B
  • 21 / May / 2012
    • PASSED SENATE
  • 21 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2012
    • REFERRED TO LOCAL GOVERNMENTS

Summary

Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing housing laws and regulations.

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Bill Details

See Assembly Version of this Bill:
A128B
Versions:
S4285
S4285A
S4285B
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add ยง99-w, Gen Muni L

Votes

7
0
7
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S4285A

TITLE OF BILL:
An act
to amend the general
municipal law, in relation to authorized on-site inspections of housing
in violation of zoning laws

PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the on-site inspections of housing in violation of zoning
laws for purposes of enforcing illegal housing laws and regulations.

SUMMARY OF SPECIFIC PROVISIONS:
The general municipal law is amended by adding a new section 99-w,
which allows on-site inspection of a residence if any form of
advertisement or listing (newspaper, pennysaver, supermarket paper,
advertising flyer, internet listing, electronic mail list or any
other type of listing) offers a rental unit in excess of the zoning
certificate of occupancy. The governmental entity with jurisdiction
over the premises shall create a rebuttable presumption that it is in
violation of the code, law or certificate. A notice of violation may
be issued to the owner, and then the owner shall have at least 7 days
to prove compliance, or be subject to an on-site zoning inspection by
a municipal housing inspector or tax assessor for the limited purpose
of confirming compliance with the applicable zoning code or law
affecting the premises, or certificate of occupancy, certificate of
prior nonconforming use or any other certificate, notice or form of
document.

JUSTIFICATION:
Communities across the state have all seen a rise in illegal housing
and slumlords attempting to take over our neighborhoods. Local
newspapers repeatedly run ads by absentee landlords offering rental
opportunities for those interested, The increase of illegal rental
apartments has caused additional burdens to the taxpayers within
local governments and schools as well as a drain on local resources.
This legislation is aimed to give government one more tool to fight
this increasing problem.

Enactment of this legislation will give towns and zoning authorities a
greater ability to enforce local zoning and building codes and create
a safer environment for all residents of these communities. This bill
would also provide firefighters and other emergency responders with
pertinent information regarding occupancy of the buildings, as well
as any structural changes made, In addition, this bill would ensure
towns are able to properly assess the properties for tax purposes.

PRIOR LEGISLATIVE HISTORY: A.10657 (2010); A.3873
(2009); A.7666 (2008).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4285--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general municipal law,  in  relation  to  authorized
  on-site inspections of housing in violation of zoning laws

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 99-w to read as follows:
  S  99-W. INSPECTION AUTHORIZED.  ANY ADVERTISEMENT OR LISTING, INCLUD-
ING, BUT NOT LIMITED TO, NEWSPAPER, "PENNYSAVER" OR  SUPERMARKET  PAPER,
ADVERTISING FLYER, INTERNET LISTING, ELECTRONIC MAIL LIST OR OTHER LIST-
ING,  OFFERING  FOR RENT ANY RESIDENTIAL DWELLING UNIT IN EXCESS OF THAT
PERMITTED BY THE APPLICABLE ZONING CODE OR LAW  OR  ANY  CERTIFICATE  OF
OCCUPANCY  OR  CERTIFICATE  OF PRIOR NON-CONFORMING USE ON FILE WITH THE
MUNICIPAL OR GOVERNMENTAL ENTITY HAVING JURISDICTION OVER THE  PREMISES,
SHALL  CREATE A REBUTTABLE PRESUMPTION THAT SUCH USE VIOLATES SUCH CODE,
LAW OR CERTIFICATE, WHICH  PRESUMPTION  SHALL  BE  SUFFICIENT  CAUSE  TO
AUTHORIZE,  UNDER  THIS  SECTION,  AN  ON-SITE INSPECTION BY A MUNICIPAL
HOUSING OR BUILDING INSPECTOR OR TAX ASSESSOR FOR THE LIMITED PURPOSE OF
CONFIRMING COMPLIANCE WITH THE APPLICABLE ZONING CODE OR  LAW  AFFECTING
THE PREMISES, OR CERTIFICATE OF OCCUPANCY, CERTIFICATE OF PRIOR NON-CON-
FORMING  USE  OR  ANY  OTHER CERTIFICATE, NOTICE, FORM OR OTHER DOCUMENT
RELATING TO AUTHORIZED OCCUPANCY OR USAGE WHICH IS ISSUED BY A MUNICIPAL
OR GOVERNMENTAL ENTITY HAVING JURISDICTION OVER SUCH MATTERS.
  A NOTICE OF VIOLATION MAY BE ISSUED TO THE OWNER OF THE  PREMISES,  AT
THE  ADDRESS LISTED ON THE LATEST AVAILABLE TAX ASSESSOR'S RECORDS, UPON
DELIVERY OF WHICH THE OWNER SHALL HAVE AT LEAST SEVEN  DAYS  TO  PROVIDE
PROOF  OF  COMPLIANCE  WITH  THE  ZONING CODE OR LAW OR CERTIFICATE. THE
PRODUCTION OF PROOF OF COMPLIANCE SHALL SERVE TO REBUT  THE  PRESUMPTION
AND NO SUMMONSES, VIOLATIONS OR APPEARANCE TICKETS SHALL BE ISSUED.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02302-05-2

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