BILL NUMBER:S889

TITLE OF BILL:  An act to amend the penal law, in relation to
establishing the crime of illegal conversion or alteration of real
property

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the penal law by adding a new section
145.75 creating the crime of illegal conversion or alteration of real
property. A person is guilty of illegal conversion or alteration of
real property when that person (1) knowingly participated in, or if he
or she is the owner, manager or tenant of such property, observed or
was otherwise aware of the alteration or conversion of such property
in violation of any state or local law, ordinance, code or rule or
regulation relating to real property, buildings or multiple dwellings
and (2) the alteration or conversion causes a serious physical injury
or fatality to one or more persons. Illegal conversion or alteration
of real property is a class C felony; provided, however, that illegal
conversion of alteration of real property that results in fatality to
one or more persons is a class B felony.

Section 2 of the bill sets forth an effective date on the first
November next succeeding the date on which it shall have become law.

JUSTIFICATION:
              

Improper and illegal building conversions and alterations occur
throughout the state, endangering residents, business owners,
employees, construction workers, and emergency service responders,
primarily fire Fighters.

Firefighters have been trapped and subsequently seriously injured or
killed while fighting fires in illegally converted buildings in New
York City in recent years, including a January 2005 fire in a Bronx
apartment building with units containing illegal partitions where two
firefighters died and four were injured while fighting the fire.
Again in August 2006, a fire in a Bronx discount store where
renovations had been professionally certified five years prior and
were subsequently poorly implemented, killed two firefighters and
injured over twenty others when the store's floor collapsed as
firefighters entered the building, trapping the men underneath large
quantities of debris. The fire collapse was later attributed to the
building's rotting steel support beams.

Additional tragic events in New York City include a 2009 fire in an
illegally converted building that caused the deaths of 3 people and a
2011 fire in an illegally converted building that seriously injured 6
civilians and 5 firefighters. In late 2011, a police officer was
fatally wounded while trying to apprehend a suspect in an illegally
converted apartment building which many believe created an extremely
dangerous situation for police on the scene.

In a process where not all applications and submissions are reviewed
by local officials and private professionals are often empowered and
trusted to certify project and development plans, it is crucial that
there exist the utmost accountability for the ramifications of the


actions of the parties involved, including the engineers, architects
and landlords.

Greater accountability and stricter obedience to the laws, rules and
regulations regarding conversions and alterations would result in less
dangerous emergency situations and rescue operations for first
responders and a less hazardous environment for those actually
performing the construction-related work.

LEGISLATIVE HISTORY:

2011-12: S.7274

FISCAL IMPLICATIONS:

Yet to be determined.

EFFECTIVE DATE:

This act shall take effect on the first November next succeeding the
date on which it shall have become law.