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.