senate Bill S3674

2019-2020 Legislative Session

Relates to failure to obtain a building permit or certificate of occupancy for a multiple dwelling

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
May 20, 2019 amended on third reading 3674a
May 15, 2019 advanced to third reading
May 14, 2019 2nd report cal.
May 13, 2019 1st report cal.672
Feb 12, 2019 referred to codes

Votes

view votes

May 13, 2019 - Codes committee Vote

S3674
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 13, 2019

excused (1)

S3674 - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §§270.11 - 270.13, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3239
2017-2018: S1864

S3674 - Summary

Relates to failure to obtain an alteration permit or certificate of occupancy for a multiple dwelling; makes such crimes a felony.

S3674 - Sponsor Memo

S3674 - Bill Text download pdf


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

                                  3674

                       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

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:
  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

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

S3674A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §§270.11 - 270.13, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3239
2017-2018: S1864

S3674A (ACTIVE) - Summary

Relates to failure to obtain an alteration permit or certificate of occupancy for a multiple dwelling; makes such crimes a felony.

S3674A (ACTIVE) - Sponsor Memo

S3674A (ACTIVE) - Bill Text download pdf


                    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.

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