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Assembly Bill A4689

2013-2014 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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2013-A4689 (ACTIVE) - Details

See Senate Version of this Bill:
S934
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add ยง99-x, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10657, A3873
2011-2012: A128, S4285
2015-2016: A2215, S1173
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696

2013-A4689 (ACTIVE) - Summary

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

2013-A4689 (ACTIVE) - Bill Text download pdf 

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

                                  4689

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced  by  M.  of  A. MONTESANO, STEVENSON, MILLER -- 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-x to read as follows:
  S  99-X. 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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04587-01-3

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