Senate Bill S6640

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 - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S6640 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §235, RP L

2009-S6640 (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-S6640 (ACTIVE) - Sponsor Memo

2009-S6640 (ACTIVE) - Bill Text download pdf 

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

                                  6640

                            I N  S E N A T E

                            January 21, 2010
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

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.
                                                           LBD00058-03-0

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