BILL NUMBER: S1313
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the penal law, in relation to failure to obtain a build-
ing permit or certificate of occupancy for a dwelling
 
PURPOSE OR GENERAL IDEA OF BILL:
To increase public safety by increasing the penalties for failing to
obtain the proper permits or certificates prior to altering a multiple
dwelling or allowing an altered, building to be inhabited.
 
SUMMARY OF PROVISIONS:
Section one of this bill amends the Penal Law by adding three new
sections 270.11, 270.12 and 270.13 regarding illegal conversions of a
multiple dwelling. New section 270.11 provides definitions that will be
used for new sections 270.12 and 270.13. The terms defined in this
section are "altered" or "alteration," "dwelling," "illegally altered,"
"local law or regulation," and "multiple dwelling."
New section 270.12 establishes the offense of failure to obtain an
alteration permit or certificate of occupancy for a multiple dwelling in
the second degree. A person is guilty of this offense when they, being
the owner of the dwelling, failed to obtain an alteration permit or
certificate of occupancy, illegally altered the dwelling, and a person
suffered physical injury in or around the dwelling due to the illegal
alterations. This offense is a class E felony.
New section 270.13 establishes the offense of failure to obtain an
alteration permit or certificate of occupancy for a multiple dwelling in
the first degree. A person is guilty of this offense when they, being
the owner of the dwelling, failed to obtain an alteration permit or
certificate of occupancy, illegally altered the dwelling, and a person
suffered serious physical injury in or around the dwelling due to the
illegal alterations. This offense is a class D felony.
Section two of this bill provides that this act shall take effect on the
sixtieth day after it shall have become a law.
 
CURRENT LAW:
The Multiple Dwelling Law provides penalties in the form of fines and/or
imprisonment for violations of the alteration permit requirements and
the certificate of occupancy requirements.
 
JUSTIFICATION:
When a multiple dwelling is illegally altered, those alterations place
the public and our first responders at risk. The illegal alterations
could cause walls to fall or ignite more quickly. Additionally, they can
trap residents in the building.
Even though the New York City Buildings Department is working to stop
illegal conversions in the City, buildings are illegally converted every
day. This bill would create a significant deterrent for those who may be
considering illegally altering a multiple dwelling. By increasing
current and creating new penalties for people who illegally convert
buildings, all-too-common tragedies may be averted.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S340 - Referred to Codes
2021-2022: S860 - Referred to Codes
2020: S3674A - Committed to Rules
2019: S3674A - Committed to Rules
2018: S.1864 - Referred to Codes
2017: S.1864 - Passed Senate, died in Assembly
2016: S.3239B - Passed Senate, died in Assembly
2015: S.3239A - Passed Senate, died in Assembly
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.