Assembly Bill A4107

2019-2020 Legislative Session

Relates to liability of owners of illegal rentals if a resident or certain other person is injured or dies related to such owner's negligent maintenance

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A4107 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Municipal Law
Laws Affected:
Add §99-x, Gen Muni L; amd §§120.20 & 125.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10654, A3900
2011-2012: A46
2013-2014: A4724
2015-2016: A2254
2017-2018: A2258

2019-A4107 (ACTIVE) - Summary

Relates to liability of owners of illegal rentals if a resident or certain other person is injured or dies related to such owner's negligent maintenance of such illegal rental.

2019-A4107 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4107
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of A. MONTESANO, M. G. MILLER, RAIA -- read once and
   referred to the Committee on Judiciary
 
 AN ACT to amend the general municipal law and the penal law, in relation
   to liability of owners of illegal rentals if  a  resident  or  certain
   other  person  is  injured  or  dies related to such owner's negligent
   maintenance of such illegal rental
 
   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:
   § 99-X. LIABILITY OF OWNERS OF ILLEGAL RENTALS.  IN THE CASE OF  SERI-
 OUS  INJURY  OR  DEATH  OF  ANY RESIDENT OF AN ILLEGAL RENTAL, OR PERSON
 INVOLVED IN RESCUING OR ASSISTING VICTIMS LIVING IN AN  ILLEGAL  RENTAL,
 THE  OWNER  OF  SUCH ILLEGAL RENTAL SHALL BE PRESUMED LIABLE PURSUANT TO
 SECTIONS 120.20 AND 125.10 OF THE PENAL LAW.
   § 2. The first undesignated paragraph of section 120.20 of  the  penal
 law is amended to read as follows:
   A person is guilty of reckless endangerment in the second degree when:
   (A)  he  OR SHE recklessly engages in conduct which creates a substan-
 tial risk of serious physical injury to another person; OR
   (B) HE OR SHE IS AN OWNER OF AN ILLEGAL RENTAL UNIT AND A RESIDENT  OF
 SUCH  UNIT  IS  A  VICTIM  OF SUCH OWNER'S NEGLIGENT MAINTENANCE OF SUCH
 RENTAL, OR A PERSON INVOLVED IN RESCUING OR ASSISTING  SUCH  VICTIMS  IN
 SUCH ILLEGAL RENTAL SUFFERS SERIOUS PHYSICAL INJURY.
   §  3.  The first undesignated paragraph of section 125.10 of the penal
 law is amended to read as follows:
   A person is guilty of criminally negligent homicide when[,]:
   (A) with criminal negligence, he OR SHE causes the  death  of  another
 person; OR
   (B)  HE OR SHE IS AN OWNER OF AN ILLEGAL RENTAL UNIT AND A RESIDENT OF
 SUCH UNIT IS A VICTIM OF SUCH  OWNER'S  NEGLIGENT  MAINTENANCE  OF  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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