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Assembly Bill A128C

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 - In Assembly Committee

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Bill Amendments

co-Sponsors

2011-A128 - Details

See Senate Version of this Bill:
S4285
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10657, A3873
2013-2014: A4689, S934
2015-2016: A2215, S1173
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696

2011-A128 - Summary

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

2011-A128 - Bill Text download pdf 

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

                                   128

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Local Governments

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 PUBLIC LISTING, INCLUDING, BUT NOT
LIMITED TO, A LISTING IN A NEWSPAPER OR PENNYSAVER PAPER, BY A HOMEOWNER
PUBLICIZING  MULTIPLE-FAMILY OR SINGLE FAMILY UNITS FOR RENT AT A HOUSE-
HOLD THAT IS IN VIOLATION OF ZONING LAWS AND RULES SHALL  BE  SUFFICIENT
CAUSE  TO  AUTHORIZE  AN  ON-SITE  INSPECTION  BY  ANY MUNICIPAL HOUSING
INSPECTOR OR TAX ASSESSOR.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02302-01-1

co-Sponsors

2011-A128A - Details

See Senate Version of this Bill:
S4285
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10657, A3873
2013-2014: A4689, S934
2015-2016: A2215, S1173
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696

2011-A128A - Summary

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

2011-A128A - Bill Text download pdf 

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

                                 128--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. MONTESANO, STEVENSON, M. MILLER -- read once and
  referred  to  the  Committee  on  Local   Governments   --   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-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.

co-Sponsors

2011-A128B - Details

See Senate Version of this Bill:
S4285
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10657, A3873
2013-2014: A4689, S934
2015-2016: A2215, S1173
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696

2011-A128B - Summary

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

2011-A128B - Bill Text download pdf 

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

                                 128--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. MONTESANO, STEVENSON, M. MILLER -- read once and
  referred  to  the  Committee  on  Local   Governments   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Local Governments
  in  accordance  with  Assembly Rule 3, sec. 2 -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02302-06-2

co-Sponsors

2011-A128C (ACTIVE) - Details

See Senate Version of this Bill:
S4285
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add §99-w, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10657, A3873
2013-2014: A4689, S934
2015-2016: A2215, S1173
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696

2011-A128C (ACTIVE) - Summary

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

2011-A128C (ACTIVE) - Bill Text download pdf 

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

                                 128--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. MONTESANO, STEVENSON, M. MILLER -- read once and
  referred  to  the  Committee  on  Local   Governments   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Local Governments
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  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,  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

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

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