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

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to local government
Jan 09, 2013 referred to local government

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S934 - Bill Details

See Assembly Version of this Bill:
A4689
Current Committee:
Senate Local Government
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 - Bill Texts

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

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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
compliance with the applicable zoning code or law affecting the
premises, or certificate of occupancy, certificate of prior
nonconforming use or any other certificate, notice or form of document.

JUSTIFICATION:
Communities across the state have all seen a rise in
illegal housing and slumlords attempting to take over our
neighborhoods.
Local newspapers repeatedly run ads by absentee landlords offering
rental opportunities for those interested, The increase of illegal
rental apartments has caused additional burdens to the taxpayers
within local governments and schools as well as a drain on local
resources.
This legislation is aimed to give government one more tool to fight
this increasing problem.

Enactment of this legislation will give towns and zoning authorities a
greater ability to enforce local zoning and building codes and create
a safer environment for all residents of these communities. This bill
would also provide firefighters and other emergency responders with
pertinent information regarding occupancy of the buildings, as well
as any structural changes made, In addition, this bill would ensure
towns are able to properly assess the properties for tax purposes.

PRIOR LEGISLATIVE HISTORY:

S.4285 (2011) - Passed Senate;
A.10657 (2010)
A.3873 (2009)
A.7568 (2008)


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    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.
                                                           LBD04587-01-3

S. 934                              2

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.

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