|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 10, 2018||referred to codes|
senate Bill S8573
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8573 (ACTIVE) - Details
S8573 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8573 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the penal law, in relation to includ- ing filing certain building permit applications containing false state- ments regarding tenant occupancy in the offense of offering a false instrument for filing in the first degree PURPOSE OF BILL: For far too long, property owners have submitted applications for permits for construction that falsely state there are no tenants living in their building. This is done when unethical property owners acquire buildings with rent-regulated tenants. The false application allows property owners to engage in dangerous construction that is so extreme as so make the units uninhabitable. Once tenants are forced out, the landlord can make the units fair market value and turn a profit. This disrupts rent stabilization and affordable housing availability in New York. This bill provides that filing such an application knowing there are false representations regarding tenant occupancy shall qualify as offering a false instrument for filing in the first degree, constituting a class E felony.
S8573 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8573 I N S E N A T E May 10, 2018 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to including filing certain building permit applications containing false statements regarding tenant occupancy in the offense of offering a false instrument for filing in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 175.35 of the penal law, as amended by chapter 490 of the laws of 2013, is amended to read as follows: § 175.35 Offering a false instrument for filing in the first degree. A person is guilty of offering a false instrument for filing in the first degree when: 1. knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public serv- ant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation; or 2. (a) he or she commits the crime of offering a false instrument for filing in the second degree; and (b) such instrument is a financing statement the contents of which are prescribed by section 9--502 of the uniform commercial code, the collat- eral asserted to be covered in such statement is the property of a person who is a state or local officer as defined by section two of the public officers law or who otherwise is a judge or justice of the unified court system, such financing statement does not relate to an actual transaction, and he or she filed such financing statement in retaliation for the performance of official duties by such person; OR 3. WITH INTENT TO OBTAIN A BUILDING PERMIT IN VIOLATION OF AN EXISTING LAW, RULE OR REGULATION, HE OR SHE OFFERS OR PRESENTS TO A PUBLIC OFFICE, PUBLIC SERVANT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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