STATE OF NEW YORK
________________________________________________________________________
928
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. CUSICK, COLTON, CARROLL, HEVESI, HYNDMAN,
SEAWRIGHT, STIRPE, TAYLOR -- Multi-Sponsored by -- M. of A. FAHY,
MALLIOTAKIS, SIMON, WOERNER -- read once and referred to the Committee
on Cities
AN ACT to amend the administrative code of the city of New York and
chapter 542 of the laws of 2007, amending the administrative code of
the city of New York and the education law relating to filings by
persons who have negligently or knowingly made false statements in
documents submitted to the department of buildings of the city of New
York, in relation to false statements made to the department of build-
ings of the city of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 28-211.1.2 of the administrative code of the city
2 of New York, as added by local law number 8 of the city of New York for
3 the year 2008, is amended to read as follows:
4 § 28-211.1.2 Additional penalty for false statements. In addition to
5 any other penalty provided by law, the commissioner may refuse to accept
6 an application or other document submitted pursuant to or in satisfac-
7 tion of a requirement of this code or of a rule of any agency promulgat-
8 ed thereunder that bears the signature of a person, other than a person
9 licensed pursuant to article one hundred forty-five, one hundred forty-
10 seven or one hundred forty-eight of the education law, who has been
11 found, after a hearing at the office of administrative trials and hear-
12 ings pursuant to the department's rules, to have knowingly or negligent-
13 ly made a false statement or to have knowingly or negligently falsified
14 or allowed to be falsified any certificate, form, signed statement,
15 application, report or certification of the correction of a violation
16 required under the provisions of this code or of a rule of any agency
17 promulgated thereunder. In addition to any other penalty provided by
18 law, the commissioner may refuse to accept an application or other docu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00251-01-9
A. 928 2
1 ment submitted pursuant to or in satisfaction of a requirement of this
2 code or of a rule of any agency promulgated thereunder that bears the
3 signature of a person licensed pursuant to article one hundred forty-
4 five, one hundred forty-seven or one hundred forty-eight of the educa-
5 tion law, who has been found, under the disciplinary procedures
6 prescribed in section sixty-five hundred ten of the education law, to
7 have knowingly or negligently falsified or allowed to be falsified any
8 certificate, form, signed statement, application, report or certif-
9 ication or the correction of a violation required under the provisions
10 of this code or of a rule of any agency promulgated thereunder.
11 § 2. Section 28-104.6.1 of the administrative code of the city of New
12 York, as amended by section 10 of part A of local law number 141 of the
13 city of New York for the year 2013, is amended to read as follows:
14 § 28-104.6.1 Verification of professional qualification required. The
15 department shall not accept construction documents or other documents
16 submitted in connection with applications for construction document
17 approval or work permits under this code by any person representing that
18 he or she is a registered design professional or landscape architect
19 without verifying, by means of lists compiled and made available by the
20 New York state department of education pursuant to paragraph e-1 of
21 subdivision four of section sixty-five hundred seven of the education
22 law, that such person meets the qualifications established by law to
23 practice as an architect or engineer in New York state, and that the
24 address and contact information for such person provided on the applica-
25 tion form matches the address and contact information on file with the
26 New York state department of education.
27 § 3. Section 4 of chapter 542 of the laws of 2007, amending the admin-
28 istrative code of the city of New York and the education law relating to
29 filings by persons who have negligently or knowingly made false state-
30 ments in documents submitted to the department of buildings of the city
31 of New York, is amended to read as follows:
32 § 4. Nothing set forth in this act shall be construed to limit the
33 power of the New York city commissioner of buildings to adopt rules,
34 consistent with state and local law, that set forth additional grounds
35 for limitation of the filing privileges [of or otherwise sanctioning
36 architects and professional engineers who have been determined after a
37 hearing to have knowingly or negligently submitted applications, plans
38 or other documents to the New York city department of buildings that
39 contained false information or were not in compliance with all applica-
40 ble provisions of law or who have otherwise demonstrated incompetence or
41 a lack of knowledge of applicable law or standards] authorized pursuant
42 to section 28-104.2.1 of the administrative code of the city of New
43 York.
44 § 4. This act shall take effect immediately.
