senate Bill S934

2013-2014 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 -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to local government
Jan 09, 2013 referred to local government

Co-Sponsors

S934 - Details

See Assembly Version of this Bill:
A4689
Law Section:
General Municipal Law
Laws Affected:
Add ยง99-x, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4285B, A128C
2009-2010: A10657, A3873

S934 - Summary

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

S934 - Sponsor Memo

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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