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
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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