New York S 1313: Relates to failure to obtain a building permit or certificate of occupancy for a multiple dwelling

Bill Text

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S01313 Summary:

BILL NOS01313 

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SAME ASNo Same As

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SPONSORGOUNARDES

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COSPNSR

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MLTSPNSR

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Add §§270.11 - 270.13, Pen L

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Makes it a felony to fail to obtain an alteration permit or certificate of occupancy for a multiple dwelling where alteration was the direct or indirect cause of an injury.

Go to top S01313 Actions:

BILL NOS01313 

&nbsp

01/09/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01313 Committee&nbspVotes:

Go to topS01313 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01313 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1313

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to failure to obtain a build-
 ing permit or certificate of occupancy for a 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 of a building or any change that impedes a person's
 8 egress from a building during a fire or emergency evacuation.
 9 2. The term "dwelling" shall mean any one to four family dwelling
 10 located in a city with a population of one million or more which is
 11 occupied in whole or in part as the home, residence or sleeping place of
 12 one or more human beings.
 13 3. The term "illegally altered" shall mean a dwelling with alterations
 14 that violate the building code, or local law or regulation.
 15 4. The term "local law or regulation" shall mean the administrative
 16 code of the city of New York or regulation that has been promulgated
 17 thereunder.
 18 § 270.12 Failure to obtain a building permit or certificate of occupancy
 19 for a dwelling in the second degree.
 20 A person is guilty of failure to obtain a building permit or certif-
 21 icate of occupancy for a dwelling in the second degree when:
 22 1. Being the owner of the dwelling, such person (a) failed to obtain a
 23 building permit pursuant to the building code or a local law or regu-
 24 lation requiring permits for alterations prior to engaging in or author-
 25 izing alterations to such dwelling, (b) such dwelling was illegally

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01267-01-5

 S. 1313 2

 1 altered with authorization of the owner, (c) a person suffered physical
 2 injury in or around such dwelling, and (d) one or more of such alter-
 3 ations were the direct or indirect cause of such physical injury; or
 4 2. Being the owner of the dwelling, such person (a) altered or author-
 5 ized alteration of a dwelling, (b) failed to obtain a certificate of
 6 occupancy prior to allowing occupation of such altered dwelling pursuant
 7 to the building code or a local law or regulation requiring a certif-
 8 icate of occupancy prior to its use or occupancy, (c) such dwelling was
 9 illegally altered with authorization of the owner, (d) a person suffered
 10 physical injury in or around such multiple dwelling, and (e) one or more
 11 of such alterations were the direct or indirect cause of such physical
 12 injury.
 13 Failure to obtain a building permit or certificate of occupancy for a
 14 dwelling in the second degree is a class E felony.
 15 § 270.13 Failure to obtain a building permit or certificate of occupancy
 16 for a dwelling in the first degree.
 17 A person is guilty of failure to obtain a building permit or certif-
 18 icate of occupancy for a dwelling in the first degree when:
 19 1. Being the owner of the dwelling, such person (a) failed to obtain a
 20 building permit pursuant to the building code or a local law or regu-
 21 lation requiring permits for alterations prior to engaging in alter-
 22 ations to such dwelling, (b) such dwelling was illegally