S T A T E O F N E W Y O R K
________________________________________________________________________
8362
2023-2024 Regular Sessions
I N A S S E M B L Y
December 13, 2023
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to including filing certain
building permit applications containing false statements regarding
tenant occupancy in the offense of offering a false instrument for
filing in the first degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 175.35 of the penal law, as amended by chapter 490
of the laws of 2013, is amended to read as follows:
§ 175.35 Offering a false instrument for filing in the first degree.
A person is guilty of offering a false instrument for filing in the
first degree when:
1. knowing that a written instrument contains a false statement or
false information, and with intent to defraud the state or any political
subdivision, public authority or public benefit corporation of the
state, he or she offers or presents it to a public office, public serv-
ant, public authority or public benefit corporation with the knowledge
or belief that it will be filed with, registered or recorded in or
otherwise become a part of the records of such public office, public
servant, public authority or public benefit corporation; or
2. (a) he or she commits the crime of offering a false instrument for
filing in the second degree; and
(b) such instrument is a financing statement the contents of which are
prescribed by section 9--502 of the uniform commercial code, the collat-
eral asserted to be covered in such statement is the property of a
person who is a state or local officer as defined by section two of the
public officers law or who otherwise is a judge or justice of the
unified court system, such financing statement does not relate to an
actual transaction, and he or she filed such financing statement in
retaliation for the performance of official duties by such person; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05390-01-3
A. 8362 2
3. WITH INTENT TO OBTAIN A BUILDING PERMIT IN VIOLATION OF AN EXISTING
LAW, RULE OR REGULATION, HE OR SHE OFFERS OR PRESENTS TO A PUBLIC
OFFICE, PUBLIC SERVANT, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION A
BUILDING PERMIT APPLICATION FOR PURPOSES OF DEMOLISHING OR SIGNIFICANTLY
RENOVATING A PROPERTY LOCATED IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE PERSONS, KNOWING THAT SUCH BUILDING PERMIT APPLICATION
CONTAINS A FALSE STATEMENT OR FALSE INFORMATION REGARDING THE EXTENT OF
THE TENANT OCCUPANCY.
Offering a false instrument for filing in the first degree is a class
E felony.
§ 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.