S T A T E O F N E W Y O R K
________________________________________________________________________
832
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to the denial of certain
insurance claims; and to amend the general municipal law, in relation
to requiring certain municipal and government entities to notify mort-
gagees and lien holders when such entities are denied access to
inspect certain real properties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 3407-b
to read as follows:
S 3407-B. DENIAL OF CERTAIN CLAIMS FOR REAL PROPERTY. 1. AN INSURER
MAY DENY PAYMENTS FOR ANY CLAIM FOR REAL PROPERTY LOSS OR DAMAGE, WHERE
SUCH REAL PROPERTY HAS BEEN ILLEGALLY CONVERTED OR ALTERED AND WHERE THE
OWNER OF SUCH REAL PROPERTY DENIES A MUNICIPAL OR GOVERNMENTAL ENTITY
ACCESS TO SUCH REAL PROPERTY FOR THE PURPOSE OF INSPECTING SUCH REAL
PROPERTY FOR LOCAL CODE OF ORDINANCE VIOLATIONS.
2. FOR PURPOSES OF THIS SECTION, THE TERM "ILLEGALLY CONVERTED OR
ALTERED" SHALL INCLUDE THE CONVERSION OF ANY STRUCTURE INTO A RESIDEN-
TIAL DWELLING WHICH VIOLATES ANY APPLICABLE ZONING OR BUILDING ORDI-
NANCE, CODE OR LAW OR WHICH HAS NOT RECEIVED A VALID CERTIFICATE OF
OCCUPANCY OR ANY OTHER CERTIFICATE, NOTICE, FORM OR OTHER DOCUMENT
RELATING TO AUTHORIZED OCCUPANCY OR PERMISSIBLE USAGE WHICH IS ISSUED BY
A MUNICIPAL OR GOVERNMENTAL ENTITY HAVING JURISDICTION OVER SUCH
MATTERS.
S 2. The general municipal law is amended by adding a new section 99-x
to read as follows:
S 99-X. INSPECTION FOR LOCAL CODE OR ORDINANCE VIOLATIONS. ANY MUNICI-
PAL OR GOVERNMENTAL ENTITY HAVING JURISDICTION OVER ZONING OR BUILDING
ORDINANCES, CODES OR LAWS OR CERTIFICATES OF OCCUPANCY OR ANY OTHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01034-01-3
A. 832 2
CERTIFICATES, NOTICES, FORMS OR OTHER DOCUMENTS RELATING TO AUTHORIZED
OCCUPANCY OR PERMISSIBLE USAGE, WHICH HAS BEEN DENIED ACCESS TO INSPECT
A PREMISES WHICH IS SUSPECTED TO HAVE BEEN ILLEGALLY CONVERTED OR
ALTERED, SHALL NOTIFY ALL MORTGAGEES OR ANY OTHER LIEN HOLDERS OF THE
PROPERTY THAT SUCH INSPECTION HAS BEEN DENIED.
S 3. This act shall take effect immediately.