Includes 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.
STATE OF NEW YORK
________________________________________________________________________
2690
2025-2026 Regular Sessions
IN SENATE
January 22, 2025
___________
Introduced by Sens. HOYLMAN-SIGAL, BAILEY, KRUEGER, PERSAUD, SEPULVEDA
-- 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 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:
1 Section 1. Section 175.35 of the penal law, as amended by chapter 490
2 of the laws of 2013, is amended to read as follows:
3 § 175.35 Offering a false instrument for filing in the first degree.
4 A person is guilty of offering a false instrument for filing in the
5 first degree when:
6 1. knowing that a written instrument contains a false statement or
7 false information, and with intent to defraud the state or any political
8 subdivision, public authority or public benefit corporation of the
9 state, [he or she] such person offers or presents it to a public office,
10 public servant, public authority or public benefit corporation with the
11 knowledge or belief that it will be filed with, registered or recorded
12 in or otherwise become a part of the records of such public office,
13 public servant, public authority or public benefit corporation; or
14 2. (a) [he or she] such person commits the crime of offering a false
15 instrument for filing in the second degree; and
16 (b) such instrument is a financing statement the contents of which are
17 prescribed by section 9--502 of the uniform commercial code, the collat-
18 eral asserted to be covered in such statement is the property of a
19 person who is a state or local officer as defined by section two of the
20 public officers law or who otherwise is a judge or justice of the
21 unified court system, such financing statement does not relate to an
22 actual transaction, and [he or she] such person filed such financing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04001-01-5
S. 2690 2
1 statement in retaliation for the performance of official duties by such
2 person; or
3 3. with intent to obtain a building permit in violation of an existing
4 law, rule or regulation, such person offers or presents to a public
5 office, public servant, public authority or public benefit corporation a
6 building permit application for purposes of demolishing or significantly
7 renovating a property located in a city having a population of one
8 million or more persons, knowing that such building permit application
9 contains a false statement or false information regarding the extent of
10 the tenant occupancy.
11 Offering a false instrument for filing in the first degree is a class
12 E felony.
13 § 2. This act shall take effect on the first of November next succeed-
14 ing the date upon which it shall have become a law.
