Exempts cooperative and condominium board members from criminal liability for building, window guard, and multiple dwelling law violations except where they had knowledge that such law, or rule or regulation enacted pursuant thereto was being violated or where they intended to violate the law, rule or regulation.
STATE OF NEW YORK
________________________________________________________________________
1128
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. AUBRY,
COLTON, GLICK, JACOBS, MILLMAN, PHEFFER, SCARBOROUGH, WEPRIN -- read
once and referred to the Committee on Housing
AN ACT to amend the multiple dwelling law and the multiple residence
law, in relation to defining circumstances for the elimination of
condominium and cooperative corporation officer and director criminal
liability
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 304 of the multiple dwelling law is amended by
2 adding a new subdivision 10-a to read as follows:
3 10-a. (a) Notwithstanding any inconsistent provision of law, no crimi-
4 nal liability or penalty shall attach to any person serving as a volun-
5 teer officer or member of the board of directors of a cooperative hous-
6 ing corporation or of the board of managers of a condominium formed
7 pursuant to article nine-B of the real property law, arising from or
8 relating to any violation of any provision of this chapter or of section
9 17-123 of the administrative code of the city of New York, as added by
10 local law number thirty-three of the city of New York for the year nine-
11 teen hundred eighty-six, or of title twenty-seven of such administrative
12 code, or any rule or regulation promulgated pursuant to such laws, where
13 such violation relates to the physical condition of the multiple dwell-
14 ing or dwellings under the control of such cooperative housing corpo-
15 ration or condominium, unless such voluntary officer or board member is
16 responsible for the day to day management of such multiple dwelling or
17 dwellings or such voluntary officer or board member: (1) intended to
18 violate the law, rule or regulation; (2) had actual knowledge that such
19 law, rule or regulation was being violated; or (3) had been served with
20 notice that such law, rule or regulation was being violated and failed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02759-01-9
A. 1128 2
1 to take remedial action within a reasonable period of time after the
2 receipt of such notice.
3 (b) For the purposes of this subdivision, an officer or board member
4 shall not lose his or her status as a person serving without compen-
5 sation solely by reason of receiving payment for his or her actual
6 incurred expenses in attending meetings or in otherwise executing the
7 duties of such officer or board member, provided that no salary or other
8 remuneration is received by the officer or board member.
9 § 2. Section 304 of the multiple residence law is amended by adding a
10 new subdivision 3 to read as follows:
11 3. (a) Notwithstanding any inconsistent provision of law, no criminal
12 liability or penalty shall attach to any person serving as a volunteer
13 officer or member of the board of directors of a cooperative housing
14 corporation or of the board of managers of a condominium formed pursuant
15 to article nine-B of the real property law, arising from or relating to
16 any violation of any provision of this chapter or any rule or regu-
17 lation promulgated pursuant to such laws, where such violation relates
18 to the physical condition of the multiple dwelling or dwellings under
19 the control of such cooperative housing corporation or condominium,
20 unless such voluntary officer or board member is responsible for the day
21 to day management of such multiple dwelling or dwellings or such volun-
22 tary officer or board member: (1) intended to violate the law, rule or
23 regulation; (2) had actual knowledge that such law, rule or regulation
24 was being violated; or (3) had been served with notice that such law,
25 rule or regulation was being violated and failed to take remedial
26 action within a reasonable period of time after the receipt of such
27 notice.
28 (b) For the purposes of this subdivision, an officer or board member
29 shall not lose his or her status as a person serving without compen-
30 sation solely by reason of receiving payment for his or her actual
31 incurred expenses in attending meetings or in otherwise executing the
32 duties of such officer or board member, provided that no salary or other
33 remuneration is received by the officer or board member.
34 § 3. This act shall take effect on the first of November next succeed-
35 ing the date on which it shall have become a law.
