Makes it a felony to fail to obtain an alteration permit or certificate of occupancy for a multiple dwelling where alteration was the direct or indirect cause of an injury.
STATE OF NEW YORK
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1313
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
___________
Introduced by Sen. GOUNARDES -- 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 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:
1 Section 1. The penal law is amended by adding three new sections
2 270.11, 270.12, and 270.13 to read as follows:
3 § 270.11 Definitions.
4 As used in sections 270.12 and 270.13 of this article, the following
5 terms shall have the following definitions.
6 1. The terms "altered" and "alteration" shall mean any change in the
7 structural parts of a building or any change that impedes a person's
8 egress from a building during a fire or emergency evacuation.
9 2. The term "dwelling" shall mean any one to four family dwelling
10 located in a city with a population of one million or more which is
11 occupied in whole or in part as the home, residence or sleeping place of
12 one or more human beings.
13 3. The term "illegally altered" shall mean a dwelling with alterations
14 that violate the building code, or local law or regulation.
15 4. The term "local law or regulation" shall mean the administrative
16 code of the city of New York or regulation that has been promulgated
17 thereunder.
18 § 270.12 Failure to obtain a building permit or certificate of occupancy
19 for a dwelling in the second degree.
20 A person is guilty of failure to obtain a building permit or certif-
21 icate of occupancy for a dwelling in the second degree when:
22 1. Being the owner of the dwelling, such person (a) failed to obtain a
23 building permit pursuant to the building code or a local law or regu-
24 lation requiring permits for alterations prior to engaging in or author-
25 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.
LBD01267-01-5
S. 1313 2
1 altered with authorization of the owner, (c) a person suffered physical
2 injury in or around such dwelling, and (d) one or more of such alter-
3 ations were the direct or indirect cause of such physical injury; or
4 2. Being the owner of the dwelling, such person (a) altered or author-
5 ized alteration of a dwelling, (b) failed to obtain a certificate of
6 occupancy prior to allowing occupation of such altered dwelling pursuant
7 to the building code or a local law or regulation requiring a certif-
8 icate of occupancy prior to its use or occupancy, (c) such dwelling was
9 illegally altered with authorization of the owner, (d) a person suffered
10 physical injury in or around such multiple dwelling, and (e) one or more
11 of such alterations were the direct or indirect cause of such physical
12 injury.
13 Failure to obtain a building permit or certificate of occupancy for a
14 dwelling in the second degree is a class E felony.
15 § 270.13 Failure to obtain a building permit or certificate of occupancy
16 for a dwelling in the first degree.
17 A person is guilty of failure to obtain a building permit or certif-
18 icate of occupancy for a dwelling in the first degree when:
19 1. Being the owner of the dwelling, such person (a) failed to obtain a
20 building permit pursuant to the building code or a local law or regu-
21 lation requiring permits for alterations prior to engaging in alter-
22 ations to such dwelling, (b) such dwelling was illegally altered with
23 authorization of the owner, (c) a person suffered serious physical inju-
24 ry in or around such dwelling, and (d) one or more of such illegal
25 alterations were the direct or indirect cause of such serious physical
26 injury; or
27 2. Being the owner of the dwelling, such person (a) altered a dwell-
28 ing, (b) failed to obtain a certificate of occupancy prior to allowing
29 occupation of such altered dwelling pursuant to the building code or a
30 local law or regulation requiring a certificate of occupancy prior to
31 its use or occupancy, (c) such dwelling was illegally altered with
32 authorization of the owner, (d) a person suffered serious physical inju-
33 ry in or around such dwelling, and (e) one or more of such illegal
34 alterations were the direct or indirect cause of such serious physical
35 injury.
36 Failure to obtain a building permit or certificate of occupancy for a
37 dwelling in the first degree is a class D felony.
38 § 2. This act shall take effect on the sixtieth day after it shall
39 have become a law.
