senate Bill S4285A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2012 referred to local governments
delivered to assembly
passed senate
May 14, 2012 amended on third reading 4285b
Mar 05, 2012 advanced to third reading
Mar 01, 2012 2nd report cal.
Feb 29, 2012 1st report cal.212
Jan 05, 2012 print number 4285a
amend and recommit to local government
Jan 04, 2012 referred to local government
Jun 24, 2011 committed to rules
Apr 12, 2011 advanced to third reading
Apr 11, 2011 2nd report cal.
Apr 06, 2011 1st report cal.332
Mar 28, 2011 referred to local government

Votes

view votes

Feb 29, 2012 - Local Government committee Vote

S4285A
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: Feb 29, 2012

excused (1)

Apr 6, 2011 - Local Government committee Vote

S4285
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 6, 2011

excused (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4285 - Bill Details

See Assembly Version of this Bill:
A128B
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L

S4285 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4285

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-v, 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.10G57 (2010); A.3873 (2009); A.7568 (2008).

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4285

                       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

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-v to read as follows:
  S  99-V. 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.
                                                           LBD02302-04-1

S4285A - Bill Details

See Assembly Version of this Bill:
A128B
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L

S4285A - Bill Texts

view summary

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

view 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 full text
download pdf
                    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

Co-Sponsors

S4285B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A128B
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L

S4285B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4285B

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 upon obtaining a search warrant 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4285--B
    Cal. No. 212

                       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  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

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,  UPON  OBTAINING  A  SEARCH  WARRANT,  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-CONFORMING USE OR ANY OTHER  CERTIF-
ICATE,  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.  PURSUANT TO THIS SECTION, SUCH ADVER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02302-07-2

S. 4285--B                          2

TISEMENT OR LISTING MAY CONSTITUTE PROBABLE CAUSE FOR THE ISSUANCE OF  A
SEARCH  WARRANT  PURSUANT  TO ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
PROCEDURE LAW.
  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.

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