|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to local government|
|Jan 09, 2013||referred to local government|
senate Bill S934
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S934 - Details
S934 - Summary
Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing housing laws and regulations.
S934 - Sponsor Memo
BILL NUMBER:S934 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-x, 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
S934 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 934 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ 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-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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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