Senate Bill S3674A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3674--A
     Cal. No. 672
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Codes -- reported favora-
   bly from said committee, ordered to first and second  report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading

 AN ACT to amend the penal law, in relation to failure to obtain a build-
   ing permit or certificate of occupancy for a dwelling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is  amended  by  adding  three  new  sections
 270.11, 270.12, and 270.13 to read as follows:
 § 270.11 DEFINITIONS.
   AS  USED  IN SECTIONS 270.12 AND 270.13 OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING DEFINITIONS.
   1. THE TERMS "ALTERED" AND "ALTERATION" SHALL MEAN ANY CHANGE  IN  THE
 STRUCTURAL  PARTS  OF  A  BUILDING OR ANY CHANGE THAT IMPEDES A PERSON'S
 EGRESS FROM A BUILDING DURING A FIRE OR EMERGENCY EVACUATION.
   2. THE TERM "DWELLING" SHALL MEAN ANY  ONE  TO  FOUR  FAMILY  DWELLING
 LOCATED  IN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE WHICH IS
 OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF
 ONE OR MORE HUMAN BEINGS.
   3. THE TERM "ILLEGALLY ALTERED" SHALL MEAN A DWELLING WITH ALTERATIONS
 THAT VIOLATE THE BUILDING CODE, OR LOCAL LAW OR REGULATION.
   4. THE TERM "LOCAL LAW OR REGULATION" SHALL  MEAN  THE  ADMINISTRATIVE
 CODE  OF  THE  CITY  OF NEW YORK OR REGULATION THAT HAS BEEN PROMULGATED
 THEREUNDER.
 § 270.12 FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY
            FOR A DWELLING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF FAILURE TO OBTAIN A BUILDING PERMIT  OR  CERTIF-
 ICATE OF OCCUPANCY FOR A DWELLING IN THE SECOND DEGREE WHEN:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07695-02-9

 S. 3674--A                          2
 
   1.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO OBTAIN A
 BUILDING PERMIT PURSUANT TO THE BUILDING CODE OR A LOCAL  LAW  OR  REGU-
 LATION REQUIRING PERMITS FOR ALTERATIONS PRIOR TO ENGAGING IN OR AUTHOR-
 IZING  ALTERATIONS  TO  SUCH  DWELLING,  (B) SUCH DWELLING WAS ILLEGALLY
 ALTERED  WITH AUTHORIZATION OF THE OWNER, (C) A PERSON SUFFERED PHYSICAL
 INJURY IN OR AROUND SUCH DWELLING, AND (D) ONE OR MORE  OF  SUCH  ALTER-
 ATIONS WERE THE DIRECT OR INDIRECT CAUSE OF SUCH PHYSICAL INJURY; OR
   2.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED OR AUTHOR-
 IZED ALTERATION OF A DWELLING, (B) FAILED TO  OBTAIN  A  CERTIFICATE  OF
 OCCUPANCY PRIOR TO ALLOWING OCCUPATION OF SUCH ALTERED DWELLING PURSUANT
 TO  THE  BUILDING  CODE OR A LOCAL LAW OR REGULATION REQUIRING A CERTIF-
 ICATE OF OCCUPANCY PRIOR TO ITS USE OR OCCUPANCY, (C) SUCH DWELLING  WAS
 ILLEGALLY ALTERED WITH AUTHORIZATION OF THE OWNER, (D) A PERSON SUFFERED
 PHYSICAL INJURY IN OR AROUND SUCH MULTIPLE DWELLING, AND (E) ONE OR MORE
 OF  SUCH  ALTERATIONS WERE THE DIRECT OR INDIRECT CAUSE OF SUCH PHYSICAL
 INJURY.
   FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR  A
 DWELLING IN THE SECOND DEGREE IS A CLASS E FELONY.
 § 270.13 FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY
            FOR A DWELLING IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIF-
 ICATE OF OCCUPANCY FOR A DWELLING IN THE FIRST DEGREE WHEN:
   1. BEING THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO  OBTAIN  A
 BUILDING  PERMIT  PURSUANT  TO THE BUILDING CODE OR A LOCAL LAW OR REGU-
 LATION REQUIRING PERMITS FOR ALTERATIONS PRIOR  TO  ENGAGING  IN  ALTER-
 ATIONS  TO  SUCH  DWELLING, (B) SUCH DWELLING WAS ILLEGALLY ALTERED WITH
 AUTHORIZATION OF THE OWNER, (C) A PERSON SUFFERED SERIOUS PHYSICAL INJU-
 RY IN OR AROUND SUCH DWELLING, AND (D)  ONE  OR  MORE  OF  SUCH  ILLEGAL
 ALTERATIONS  WERE  THE DIRECT OR INDIRECT CAUSE OF SUCH SERIOUS PHYSICAL
 INJURY; OR
   2. BEING THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED A  DWELLING,
 (B)  FAILED TO OBTAIN A CERTIFICATE OF OCCUPANCY PRIOR TO ALLOWING OCCU-
 PATION OF SUCH ALTERED DWELLING PURSUANT TO THE BUILDING CODE OR A LOCAL
 LAW OR REGULATION REQUIRING A CERTIFICATE OF OCCUPANCY PRIOR TO ITS  USE
 OR OCCUPANCY, (C) SUCH DWELLING WAS ILLEGALLY ALTERED WITH AUTHORIZATION
 OF THE OWNER, (D) A PERSON SUFFERED SERIOUS PHYSICAL INJURY IN OR AROUND
 SUCH  DWELLING, AND (E) ONE OR MORE OF SUCH ILLEGAL ALTERATIONS WERE THE
 DIRECT OR INDIRECT CAUSE OF SUCH SERIOUS PHYSICAL INJURY.
   FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR  A
 DWELLING IN THE FIRST DEGREE IS A CLASS D FELONY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.