STATE OF NEW YORK
________________________________________________________________________
4191
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
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Introduced by M. of A. MONTESANO, M. G. MILLER, RAIA, THIELE -- read
once and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to authorized
on-site inspections of housing in violation of zoning laws
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 99-x to read as follows:
3 § 99-x. Inspection authorized. Any advertisement or listing, includ-
4 ing, but not limited to, newspaper, "pennysaver" or supermarket paper,
5 advertising flyer, internet listing, electronic mail list or other list-
6 ing, offering for rent any residential dwelling unit in excess of that
7 permitted by the applicable zoning code or law or any certificate of
8 occupancy or certificate of prior non-conforming use on file with the
9 municipal or governmental entity having jurisdiction over the premises,
10 shall create a rebuttable presumption that such use violates such code,
11 law or certificate, which presumption shall be sufficient cause to
12 authorize, under this section, upon obtaining a search warrant, an
13 on-site inspection by a municipal housing or building inspector or tax
14 assessor for the limited purpose of confirming compliance with the
15 applicable zoning code or law affecting the premises, or certificate of
16 occupancy, certificate of prior non-conforming use or any other certif-
17 icate, notice, form or other document relating to authorized occupancy
18 or usage which is issued by a municipal or governmental entity having
19 jurisdiction over such matters. Pursuant to this section, such adver-
20 tisement or listing may constitute probable cause for the issuance of a
21 search warrant pursuant to article six hundred ninety of the criminal
22 procedure law.
23 A notice of violation may be issued to the owner of the premises, at
24 the address listed on the latest available tax assessor's records, upon
25 delivery of which the owner shall have at least seven days to provide
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08293-01-9
A. 4191 2
1 proof of compliance with the zoning code or law or certificate. The
2 production of proof of compliance shall serve to rebut the presumption
3 and no summonses, violations or appearance tickets shall be issued.
4 § 2. This act shall take effect immediately.
