Senate Bill S4285

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

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

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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 - Summary

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

2011-S4285 - Sponsor Memo

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 - Summary

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

2011-S4285A - Sponsor Memo

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

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) - Summary

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

2011-S4285B (ACTIVE) - Sponsor Memo

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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