STATE OF NEW YORK
________________________________________________________________________
6041--A
2015-2016 Regular Sessions
IN ASSEMBLY
March 11, 2015
___________
Introduced by M. of A. BROOK-KRASNY, ABBATE, MALLIOTAKIS, SIMON,
O'DONNELL, GOTTFRIED, COOK, MONTESANO -- Multi-Sponsored by -- M. of
A. LAWRENCE, RIVERA -- read once and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law and the multiple dwelling law, in relation
to failure to obtain an alteration permit or certificate of occupancy
for a multiple dwelling
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding three new sections
2 270.11, 270.12, and 270.13 to read as follows:
3 § 270.11 Definitions.
4 As used in sections 270.12 and 270.13 of this article, the following
5 terms shall have the following definitions.
6 1. The terms "altered" and "alteration" shall mean any change in the
7 structural parts or existing facilities of any building or the moving of
8 any building from one location or position to another.
9 2. The term "dwelling" shall mean any building or structure or portion
10 thereof located in a city with a population of one million or more which
11 is occupied in whole or in part as the home, residence or sleeping place
12 of one or more human beings.
13 3. The term "illegally altered" shall mean a multiple dwelling with
14 alterations that violate the multiple dwelling law, or local law or
15 regulation.
16 4. The term "local law or regulation" shall mean the administrative
17 code of the city of New York or regulation that has been promulgated
18 thereunder.
19 5. The term "multiple dwelling" shall have the same meaning as section
20 four of the multiple dwelling law or local law or regulation and section
21 27-2004 of the administrative code of the city of New York.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08204-03-5
A. 6041--A 2
1 § 270.12 Failure to obtain an alteration permit or certificate of occu-
2 pancy for a multiple dwelling in the second degree.
3 A person is guilty of failure to obtain an alteration permit or
4 certificate of occupancy for a multiple dwelling in the second degree
5 when:
6 1. Being the owner of the dwelling, he or she (a) failed to obtain a
7 permit pursuant to section three hundred of the multiple dwelling law,
8 or a local law or regulation requiring permits for alterations prior to
9 engaging in or authorizing alterations to such dwelling, (b) such multi-
10 ple dwelling was illegally altered, (c) a person suffered physical inju-
11 ry in or around such dwelling, and (d) one or more of such alterations
12 were the direct or indirect cause of such physical injury; or
13 2. Being the owner of the dwelling, he or she (a) altered a multiple
14 dwelling, (b) failed to obtain a certificate of occupancy prior to
15 allowing occupation of such altered multiple dwelling pursuant to
16 section three hundred one of the multiple dwelling law, or a local law
17 or regulation requiring a certificate of occupancy prior to its use or
18 occupancy, (c) such multiple dwelling was illegally altered, (d) a
19 person suffered physical injury in or around such multiple dwelling, and
20 (e) one or more of such alterations were the direct or indirect cause of
21 such physical injury.
22 Failure to obtain an alteration permit or certificate of occupancy for
23 a multiple dwelling in the second degree is a class D felony.
24 § 270.13 Failure to obtain an alteration permit or certificate of occu-
25 pancy for a multiple dwelling in the first degree.
26 A person is guilty of failure to obtain an alteration permit or
27 certificate of occupancy for a multiple dwelling in the first degree
28 when:
29 1. Being the owner of the dwelling, he or she (a) failed to obtain a
30 permit pursuant to section three hundred of the multiple dwelling law,
31 or a local law or regulation requiring permits for alterations prior to
32 engaging in alterations to such dwelling, (b) such dwelling was illegal-
33 ly altered, (c) a person suffered serious physical injury in or around
34 such dwelling, and (d) one or more of such illegal alterations were the
35 direct or indirect cause of such serious physical injury; or
36 2. Being the owner of the dwelling, he or she (a) altered a multiple
37 dwelling, (b) failed to obtain a certificate of occupancy prior to
38 allowing occupation of such altered multiple dwelling pursuant to
39 section three hundred one of the multiple dwelling law, or a local law
40 or regulation requiring a certificate of occupancy prior to its use or
41 occupancy, (c) such multiple dwelling was illegally altered, (d) a
42 person suffered serious physical injury in or around such dwelling, and
43 (e) one or more of such illegal alterations were the direct or indirect
44 cause of such serious physical injury.
45 Failure to obtain an alteration permit or certificate of occupancy for
46 a multiple dwelling in the first degree is a class C felony.
47 § 2. Section 304 of the multiple dwelling law is amended by adding a
48 new subdivision 1-b to read as follows:
49 1-b. Every person who shall violate or assist in the violation of
50 section three hundred or three hundred one of this article shall be
51 guilty of a misdemeanor punishable, for a first offense, by a fine of
52 not exceeding one thousand dollars or by imprisonment for a period of
53 not exceeding thirty days, or by both such fine and imprisonment; for
54 the second and any subsequent offense arising from the failure to remove
55 the violation upon which the first offense was based, by a fine of not
A. 6041--A 3
1 exceeding two thousand dollars or by imprisonment for a period of not
2 exceeding six months, or by both such fine and imprisonment.
3 § 3. This act shall take effect on the sixtieth day after it shall
4 have become a law.
