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Assembly Bill A5046

2015-2016 Legislative Session

Assigns liability for monetary penalties for an illegal conversion of a housing unit to the person actually so doing and/or the owner, not the residents

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Archive: Last Bill Status - In Assembly Committee

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2015-A5046 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
New York City Administrative Code
Laws Affected:
Add ยง28-210.5, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2009-2010: A3547
2011-2012: A3168
2013-2014: A4093
2017-2018: A822
2019-2020: A6264
2021-2022: A1636
2023-2024: A6466
2025-2026: A7225

2015-A5046 (ACTIVE) - Summary

Provides that the contractor who performed the construction work which results in an illegal conversion of a housing unit shall be held liable for monetary penalties related to such illegal conversion, rather than the residents; provides that the owner of the building shall be held liable if he or she knew or should reasonably have known that the construction was being done without prior approval by the department of buildings and without the required permits.

2015-A5046 (ACTIVE) - Bill Text download pdf 

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

                                  5046

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. ARROYO,
  COOK -- read once and referred to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to the liability for an illegal conversion

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 28-210.5 to read as follows:
  S  28-210.5  LIABILITY  FOR ILLEGAL CONVERSION. A. FOR THE PURPOSES OF
THIS SECTION, AN "ILLEGAL CONVERSION" SHALL MEAN THE CREATION OR MODIFI-
CATION OF A HOUSING UNIT OR UNITS, FOR WHICH  APPROVAL  OR  PERMITS  ARE
REQUIRED  BY LAW OR REGULATION, WITHOUT FIRST OBTAINING SUCH APPROVAL OR
PERMITS FROM THE DEPARTMENT OF BUILDINGS.
  B. IN THE EVENT AN ILLEGAL  CONVERSION  HAS  OCCURRED,  DETERMINED  BY
ORDER  OR JUDGMENT OF THE ENVIRONMENTAL CONTROL BOARD, THE CONTRACTOR OR
INDIVIDUAL WHO PERFORMED THE CONSTRUCTION SHALL BE HELD LIABLE  FOR  ANY
MONETARY PENALTIES RELATED THERETO.
  C.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE OWNER OF
THE BUILDING IN WHICH AN ILLEGAL CONVERSION HAS BEEN PERFORMED SHALL NOT
BE  HELD  LIABLE FOR SUCH MONETARY PENALTIES PURSUANT TO A DETERMINATION
OF AN ILLEGAL CONVERSION UNLESS:
  (I) HE OR SHE IS ALSO THE INDIVIDUAL WHO PERFORMED  THE  CONSTRUCTION;
OR
  (II)  HE  OR SHE KNEW OR REASONABLY SHOULD HAVE KNOWN THAT APPROVAL OF
THE DEPARTMENT OF BUILDINGS AND PERMITS WERE REQUIRED AND HAD  NOT  BEEN
OBTAINED PRIOR TO SUCH CONSTRUCTION.
  D.  IT  SHALL  BE A COMPLETE AND AFFIRMATIVE DEFENSE TO ANY VIOLATIONS
ISSUED BY THE DEPARTMENT OF BUILDINGS FOR ILLEGAL  CONVERSIONS  OR  WORK
DONE WITHOUT A PERMIT THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03744-01-5

A. 5046                             2

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