Do you support this bill?

Assembly Bill A355

2009-2010 Legislative Session

Penalizes by a minimum fine of $2500 persons who knowingly rent residential property in violation of state or local occupancy limits, zoning, or rules

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Bill Amendments

2009-A355 - Details

Law Section:
Real Property Law
Laws Affected:
Amd §235, RP L

2009-A355 - Summary

Penalizes owners who knowingly rent property in violation of occupancy limits, zoning laws, or related rules; penalties include a fine of $2500, required restoration of the property to pre-rental condition, and payment of relocation costs for any persons who must move out of the illegal rental.

2009-A355 - Bill Text download pdf 

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

                                   355

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PERALTA, WALKER -- Multi-Sponsored by -- M. of A.
  ALFANO, BARRA, ESPAILLAT, McENENY, ORTIZ, TOWNS, WEISENBERG, WRIGHT --
  read once and referred to the Committee on Housing

AN  ACT  to  amend  the  real property law, in relation to penalties for
  rentals which violate occupancy restrictions

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

  Section 1. Section 235 of the real property law is amended by adding a
new subdivision 3 to read as follows:
  3.  ANY PERSONS OR ENTITY WHO, FOR A FEE, KNOWINGLY PERMITS A RESIDEN-
TIAL DWELLING ACCOMMODATION TO BE OCCUPIED  BY  MORE  THAN  THE  LEGALLY
PERMISSIBLE  NUMBER  OF UNRELATED PERSONS IN VIOLATION OF STATE OR LOCAL
OCCUPANCY LIMITS, ZONING REGULATIONS, BUILDING  CODES,  OR  ANY  RELATED
RULES  OR  REGULATIONS, SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A
FINE NOT TO EXCEED TWENTY-FIVE HUNDRED DOLLARS,  OR  BY  AN  ALTERNATIVE
SENTENCE PURSUANT TO SUBDIVISION FIVE OF SECTION 80.05 OF THE PENAL LAW,
WHICHEVER AMOUNT IS GREATER; UPON CONVICTION SUCH PERSON OR ENTITY SHALL
RETURN  THE PROPERTY TO ITS LEGAL CONDITION AND PAY ALL RELOCATION COSTS
FOR ANY PERSON WHO IS REQUIRED TO RELOCATE TO REMEDY THE  ILLEGAL  OCCU-
PANCY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00058-01-9

multi-Sponsors

2009-A355A - Details

Law Section:
Real Property Law
Laws Affected:
Amd §235, RP L

2009-A355A - Summary

Penalizes owners who knowingly rent property in violation of occupancy limits, zoning laws, or related rules; penalties include a fine of $2500, required restoration of the property to pre-rental condition, and payment of relocation costs for any persons who must move out of the illegal rental.

2009-A355A - Sponsor Memo

2009-A355A - Bill Text download pdf 

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

                                 355--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PERALTA, WALKER -- Multi-Sponsored by -- M. of A.
  ALFANO, BARRA, ESPAILLAT, McENENY, ORTIZ, TOWNS, WEISENBERG, WRIGHT --
  read  once  and  referred  to  the  Committee  on Housing -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the real property law,  in  relation  to  penalties  for
  rentals which violate occupancy restrictions

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

  Section 1. Section 235 of the real property law is amended by adding a
new subdivision 3 to read as follows:
  3. ANY PERSONS OR ENTITY WHO, FOR A FEE, KNOWINGLY PERMITS A  RESIDEN-
TIAL  DWELLING  ACCOMMODATION  TO  BE  OCCUPIED BY MORE THAN THE LEGALLY
PERMISSIBLE NUMBER OF UNRELATED PERSONS IN VIOLATION OF STATE  OR  LOCAL
OCCUPANCY  LIMITS,  ZONING  REGULATIONS,  BUILDING  CODES OR ANY RELATED
RULES OR REGULATIONS, SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE  BY  A
FINE  NOT  TO  EXCEED  TWENTY-FIVE HUNDRED DOLLARS, OR BY AN ALTERNATIVE
SENTENCE PURSUANT TO SUBDIVISION FIVE OF SECTION 80.05 OF THE PENAL LAW,
WHICHEVER AMOUNT IS GREATER; UPON CONVICTION SUCH PERSON OR ENTITY SHALL
RETURN THE PROPERTY TO ITS LEGAL CONDITION AND PAY ALL RELOCATION  COSTS
FOR  ANY  PERSON WHO IS REQUIRED TO RELOCATE TO REMEDY THE ILLEGAL OCCU-
PANCY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00058-02-9

multi-Sponsors

2009-A355B (ACTIVE) - Details

Law Section:
Real Property Law
Laws Affected:
Amd §235, RP L

2009-A355B (ACTIVE) - Summary

Penalizes owners who knowingly rent property in violation of occupancy limits, zoning laws, or related rules; penalties include a fine of $2500, required restoration of the property to pre-rental condition, and payment of relocation costs for any persons who must move out of the illegal rental.

2009-A355B (ACTIVE) - Sponsor Memo

2009-A355B (ACTIVE) - Bill Text download pdf 

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

                                 355--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PERALTA -- Multi-Sponsored by -- M. of A. ALFANO,
  BARRA,  ESPAILLAT,  McENENY,  ORTIZ, TOWNS, WEISENBERG, WRIGHT -- read
  once and referred to the Committee on Housing -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  recommitted  to  the Committee on Housing in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  real property law, in relation to penalties for
  rentals which violate occupancy restrictions

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

  Section 1. Section 235 of the real property law is amended by adding a
new subdivision 3 to read as follows:
  3.  ANY PERSONS OR ENTITY WHO, FOR A FEE, KNOWINGLY PERMITS A RESIDEN-
TIAL DWELLING ACCOMMODATION TO BE OCCUPIED  BY  MORE  THAN  THE  LEGALLY
PERMISSIBLE  NUMBER  OF UNRELATED PERSONS IN VIOLATION OF STATE OR LOCAL
OCCUPANCY LIMITS, ZONING REGULATIONS,  BUILDING  CODES  OR  ANY  RELATED
RULES  OR  REGULATIONS, SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A
FINE NOT TO EXCEED TWENTY-FIVE HUNDRED DOLLARS,  OR  BY  AN  ALTERNATIVE
SENTENCE PURSUANT TO SUBDIVISION FIVE OF SECTION 80.05 OF THE PENAL LAW,
WHICHEVER AMOUNT IS GREATER; UPON CONVICTION SUCH PERSON OR ENTITY SHALL
RETURN  THE PROPERTY TO ITS LEGAL CONDITION AND PAY ALL RELOCATION COSTS
FOR ANY PERSON WHO IS REQUIRED TO RELOCATE TO REMEDY THE  ILLEGAL  OCCU-
PANCY.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00058-04-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.