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Assembly Bill A6235

2009-2010 Legislative Session

Penalizes by a fine of $2,500 up to $10,000 persons who knowingly rent residential property in violation of state or local occupancy limits, zoning, or rules

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Archive: Last Bill Status - In Assembly Committee

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2009-A6235 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Multiple Residence Law
Laws Affected:
Amd §304, Mult Res L; add §15, Mult Dwel L

2009-A6235 (ACTIVE) - Summary

Penalizes owners who knowingly rent property in violation of occupancy limits, zoning laws, or related rules; penalties include fines of $2500 up to $10,000, 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-A6235 (ACTIVE) - Bill Text download pdf 

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

                                  6235

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of A. BARRA, WALKER -- read once and referred to the
  Committee on Housing

AN ACT to amend the multiple residence law  and  the  multiple  dwelling
  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. Subdivision 2 of section 304 of the multiple residence law
is renumbered subdivision 3 and a new subdivision 2 is added to read  as
follows:
  2.  ANY  PERSON  WHO  KNOWINGLY RENTS A RESIDENTIAL PROPERTY WHEN SUCH
RENTAL IS IN VIOLATION OF STATE OR LOCAL OCCUPANCY LIMITS, ZONING  REGU-
LATIONS,  BUILDING  CODES,  OR  ANY RELATED RULES OR REGULATIONS, OR WHO
KNOWINGLY TAKES PART IN OR ASSISTS IN ANY SUCH ILLEGAL RENTAL, SHALL  BE
GUILTY OF A MISDEMEANOR. UPON CONVICTION SUCH PERSON:
  (A)  SHALL  BE PUNISHABLE BY A FINE OF TWENTY-FIVE HUNDRED DOLLARS FOR
THE FIRST OFFENSE, FIVE THOUSAND DOLLARS FOR A SECOND OFFENSE,  AND  TEN
THOUSAND DOLLARS FOR A THIRD OR SUBSEQUENT OFFENSE, OR BY AN ALTERNATIVE
SENTENCE PURSUANT TO SUBDIVISION FIVE OF SECTION 80.05 OF THE PENAL LAW,
WHICHEVER AMOUNT IS GREATER;
  (B)  SHALL  RETURN  THE PROPERTY TO ITS CONDITION PRIOR TO THE ILLEGAL
RENTAL;
  (C) SHALL PAY ALL RELOCATION COSTS FOR ANY PERSONS WHO MUST  MOVE  OUT
OF THE ILLEGAL RENTAL UNIT.
  S  2.  The multiple dwelling law is amended by adding a new section 15
to read as follows:
  S 15. VIOLATION OF RESIDENTIAL OCCUPANCY LAWS; PENALTY. ANY PERSON, AS
DEFINED IN SECTION THREE HUNDRED FOUR OF THE MULTIPLE RESIDENCE LAW, WHO
KNOWINGLY RENTS A RESIDENTIAL PROPERTY WHEN SUCH RENTAL IS IN  VIOLATION
OF  STATE OR LOCAL OCCUPANCY LIMITS, ZONING REGULATIONS, BUILDING CODES,
OR ANY RELATED RULES OR REGULATIONS, OR WHO KNOWINGLY TAKES PART  IN  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07260-01-9

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