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 |
Jan 05, 2012 |
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 |
Senate Bill S4285
2011-2012 Legislative Session
Sponsored By
(R, C) 7th Senate District
Archive: Last Bill Status - In Assembly 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
Actions
Votes
Bill Amendments
2011-S4285 - Details
- See Assembly Version of this Bill:
- A128
- Current Committee:
- Assembly Local Governments
- Law Section:
- General Municipal Law
- Laws Affected:
- Add §99-v, Gen Muni L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A10657, A3873
2013-2014: S934, A4689
2015-2016: S1173, A2215
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696
2011-S4285 - 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
2011-S4285 - Bill Text download pdf
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
2011-S4285A - Details
- See Assembly Version of this Bill:
- A128
- Current Committee:
- Assembly Local Governments
- Law Section:
- General Municipal Law
- Laws Affected:
- Add §99-v, Gen Muni L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A10657, A3873
2013-2014: S934, A4689
2015-2016: S1173, A2215
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696
2011-S4285A - 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
2011-S4285A - Bill 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.
co-Sponsors
(D) Senate District
(R, C, IP) Senate District
2011-S4285B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A128
- Current Committee:
- Assembly Local Governments
- Law Section:
- General Municipal Law
- Laws Affected:
- Add §99-v, Gen Muni L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A10657, A3873
2013-2014: S934, A4689
2015-2016: S1173, A2215
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696
2011-S4285B (ACTIVE) - 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
2011-S4285B (ACTIVE) - Bill 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.
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