Prohibits a developer from using or displaying the seal of an architect or landscape architect on the developer's plans unless such architect or landscape architect has overseen and approved the development and creation of the plans; provides penalties for violation; and provides an enforcement mechanism.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1567
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the general business law, in relation to imposing penal-
ties on developers who fraudulently use architect seals
PURPOSE:
This bill would prohibit developers from fraudulently using an archi-
tect's seal and provides penalties for violations.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the general business law by adding a new section
92-k.
Section two establishes the effective date.
JUSTIFICATION:
New York City requires plans for all newly constructed buildings to be
approved by a state-licensed architect, unless they are used solely for
agricultural purposes or are residential building smaller than 1,500
square feet. Recently, however, there have been cases where architects'
credentials are used to sign off on projects they have not been involved
in, or even seen. While architects can face administrative and legal
penalties for this practice, including revocation of their license and a
class E felony, developers who use these seals fraudulently face no
penalties.
Most recently, a developer was caught using an architect's seal to
certify three construction projects, including two hotels and one apart-
ment building. The developer colluded with the architect to allow use of
his seal on building plans without him actually reviewing the documents.
The architect ultimately lost his license and could have been charged
with a class E felony. The developer did not face any consequences.
Developers who fraudulently use architect seals to certify projects are
equally as responsible for endangering the lives of those who live, work
and visit those spaces.This legislation would establish penalties for
developers who knowingly use an architect's seal for a project that the
architect did not review or oversee as required by state law.
LEGISLATIVE HISTORY:
2023-23: A.4101 - Referred to Economic Development
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it becomes law.
