Includes filing certain building permit applications containing false statements regarding tenant occupancy in the offense of offering a false instrument for filing in the first degree.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8362
SPONSOR: Simone TITLE OF BILL:
An act to amend the penal law, in relation to including filing certain
building permit applications containing false statements regarding
tenant occupancy in the offense of offering a false instrument for
filing in the first degree
PURPOSE OF BILL:
For far too long, property owners have submitted applications for
permits for construction that falsely state there are no tenants living
in their building. This is done when unethical property owners acquire
buildings with rent-regulated tenants. The false application allows
property owners to engage in dangerous construction that is so extreme
as so make the units uninhabitable. Once tenants are forced out, the
landlord can make the units fair market value and turn a profit. This
disrupts rent stabilization and affordable housing availability in New
York. This bill provides that filing such an application knowing there
are false representations regarding tenant occupancy shall qualify as
offering a false instrument for filing in the first degree, constituting
a class E felony.
SUMMARY OF PROVISIONS:
Section 1 amends Section 175.35 of the penal law, as amended by the
chapter 490 of the laws of 2013 to add that when an individual presents
to a public office, public servant, public authority or public benefit
corporation a building permit application to demolish or significantly
alter a property in a city with a population of one million or more
knowing that such building contains a false statement or false informa-
tion regarding tenant occupancy shall be considered offering a false
instrument for filing in the first degree, .which is a class E felony.
Section 2 specifies when the act shall take place.
JUSTIFICATION:
Abusive and unethical property owners acquire property filled with rent-
stabilized low-income tenants with the intention of forcing them out and
renting the apartments at market value. These property owners frequently
submit false applications for demolition or substantial renovation. They
then engage in "constructive eviction." The property owner will refuse
to provide heating or water or use the act of demolition itself as
harassment by making it so extensive and unbearable that the tenant is
forced to move out. Because the property owner has represented to the
government that there are no tenants, they do not have to institute
protections for tenants guaranteed by the government or provide any of
the usual safety or health requirements present for renovations.
Tenants often do not know they have any recourse because there are no
posted permits alerting them to the right to tenant protection.
Earlier this year it was revealed that Jared Kushner's real estate
company filed more than 80 construction permit applications for 34
buildings across New York City between 2013 and 2016 stating that it had
no rent-regulated tenants, when in fact there were over 300 rent-regu-
lated units. He then used aggressive means of renovation to vacate the
most vulnerable pent-regulated tenants and return those apartments to
market value in order to turn a profit. . Unfortunately this is actual-
ly a widespread practice. Landlords regularly engage in this behavior,
systematically reducing the availability of affordable housing. This
bill aims to put a stop to this by making the filing of an application
that falsely states there are no tenants a class E felony, thus deter-
ring the behavior.
LEGISLATIVE HISTORY:
New bill
EFFECTIVE DATE:
This act shall become effective on the first November next succeeding
the date upon which it shall become law.
STATE OF NEW YORK
________________________________________________________________________
8362
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to including filing certain
building permit applications containing false statements regarding
tenant occupancy in the offense of offering a false instrument for
filing in the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 175.35 of the penal law, as amended by chapter 490
2 of the laws of 2013, is amended to read as follows:
3 § 175.35 Offering a false instrument for filing in the first degree.
4 A person is guilty of offering a false instrument for filing in the
5 first degree when:
6 1. knowing that a written instrument contains a false statement or
7 false information, and with intent to defraud the state or any political
8 subdivision, public authority or public benefit corporation of the
9 state, he or she offers or presents it to a public office, public serv-
10 ant, public authority or public benefit corporation with the knowledge
11 or belief that it will be filed with, registered or recorded in or
12 otherwise become a part of the records of such public office, public
13 servant, public authority or public benefit corporation; or
14 2. (a) he or she commits the crime of offering a false instrument for
15 filing in the second degree; and
16 (b) such instrument is a financing statement the contents of which are
17 prescribed by section 9--502 of the uniform commercial code, the collat-
18 eral asserted to be covered in such statement is the property of a
19 person who is a state or local officer as defined by section two of the
20 public officers law or who otherwise is a judge or justice of the
21 unified court system, such financing statement does not relate to an
22 actual transaction, and he or she filed such financing statement in
23 retaliation for the performance of official duties by such person; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05390-01-3
A. 8362 2
1 3. with intent to obtain a building permit in violation of an existing
2 law, rule or regulation, he or she offers or presents to a public
3 office, public servant, public authority or public benefit corporation a
4 building permit application for purposes of demolishing or significantly
5 renovating a property located in a city having a population of one
6 million or more persons, knowing that such building permit application
7 contains a false statement or false information regarding the extent of
8 the tenant occupancy.
9 Offering a false instrument for filing in the first degree is a class
10 E felony.
11 § 2. This act shall take effect on the first of November next succeed-
12 ing the date upon which it shall have become a law.
