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
                                ___________
 
 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.