Penalizes owners who knowingly rent property in violation of occupancy limits, zoning laws, or related rules; penalties include a fine of $2500, required restoration of the property to pre-rental condition, and payment of relocation costs for any persons who must move out of the illegal rental.
STATE OF NEW YORK
________________________________________________________________________
355--B
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. PERALTA -- Multi-Sponsored by -- M. of A. ALFANO,
BARRA, ESPAILLAT, McENENY, ORTIZ, TOWNS, WEISENBERG, WRIGHT -- read
once and referred to the Committee on Housing -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Housing in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the real property law, in relation to penalties for
rentals which violate occupancy restrictions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 235 of the real property law is amended by adding a
2 new subdivision 3 to read as follows:
3 3. Any persons or entity who, for a fee, knowingly permits a residen-
4 tial dwelling accommodation to be occupied by more than the legally
5 permissible number of unrelated persons in violation of state or local
6 occupancy limits, zoning regulations, building codes or any related
7 rules or regulations, shall be guilty of a misdemeanor punishable by a
8 fine not to exceed twenty-five hundred dollars, or by an alternative
9 sentence pursuant to subdivision five of section 80.05 of the penal law,
10 whichever amount is greater; upon conviction such person or entity shall
11 return the property to its legal condition and pay all relocation costs
12 for any person who is required to relocate to remedy the illegal occu-
13 pancy.
14 § 2. This act shall take effect on the sixtieth day after it shall
15 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00058-04-0
