S T A T E O F N E W Y O R K
________________________________________________________________________
6273
2021-2022 Regular Sessions
I N A S S E M B L Y
March 12, 2021
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Introduced by M. of A. FRONTUS -- read once and referred to the Commit-
tee 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.
LBD03100-01-1
A. 6273 2
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.