Assembly Bill A2215

2015-2016 Legislative Session

Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing illegal housing laws and regulations

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A2215 (ACTIVE) - Details

See Senate Version of this Bill:
S1173
Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add §99-x, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10657, A3873
2011-2012: A128, S4285
2013-2014: A4689, S934
2017-2018: A2257
2019-2020: A4191
2021-2022: A5057
2023-2024: A2696

2015-A2215 (ACTIVE) - Summary

Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing illegal housing laws and regulations.

2015-A2215 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2215

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by M. of A. MONTESANO, MILLER, RAIA -- Multi-Sponsored by --
  M. of A. TENNEY -- 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:

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 99-x to read as follows:
  S 99-X. INSPECTION AUTHORIZED.  ANY ADVERTISEMENT OR LISTING,  INCLUD-
ING,  BUT  NOT LIMITED TO, NEWSPAPER, "PENNYSAVER" OR SUPERMARKET PAPER,
ADVERTISING FLYER, INTERNET LISTING, ELECTRONIC MAIL LIST OR OTHER LIST-
ING, OFFERING FOR RENT ANY RESIDENTIAL DWELLING UNIT IN EXCESS  OF  THAT
PERMITTED  BY  THE  APPLICABLE  ZONING CODE OR LAW OR ANY CERTIFICATE OF
OCCUPANCY OR CERTIFICATE OF PRIOR NON-CONFORMING USE ON  FILE  WITH  THE
MUNICIPAL  OR GOVERNMENTAL ENTITY HAVING JURISDICTION OVER THE PREMISES,
SHALL CREATE A REBUTTABLE PRESUMPTION THAT SUCH USE VIOLATES SUCH  CODE,
LAW  OR  CERTIFICATE,  WHICH  PRESUMPTION  SHALL  BE SUFFICIENT CAUSE TO
AUTHORIZE, UNDER THIS SECTION,  UPON  OBTAINING  A  SEARCH  WARRANT,  AN
ON-SITE  INSPECTION  BY A MUNICIPAL HOUSING OR BUILDING INSPECTOR OR TAX
ASSESSOR FOR THE LIMITED  PURPOSE  OF  CONFIRMING  COMPLIANCE  WITH  THE
APPLICABLE  ZONING CODE OR LAW AFFECTING THE PREMISES, OR CERTIFICATE OF
OCCUPANCY, CERTIFICATE OF PRIOR NON-CONFORMING USE OR ANY OTHER  CERTIF-
ICATE,  NOTICE,  FORM OR OTHER DOCUMENT RELATING TO AUTHORIZED OCCUPANCY
OR USAGE WHICH IS ISSUED BY A MUNICIPAL OR  GOVERNMENTAL  ENTITY  HAVING
JURISDICTION  OVER  SUCH MATTERS.  PURSUANT TO THIS SECTION, SUCH ADVER-
TISEMENT OR LISTING MAY CONSTITUTE PROBABLE CAUSE FOR THE ISSUANCE OF  A
SEARCH  WARRANT  PURSUANT  TO ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
PROCEDURE LAW.
  A NOTICE OF VIOLATION MAY BE ISSUED TO THE OWNER OF THE  PREMISES,  AT
THE  ADDRESS LISTED ON THE LATEST AVAILABLE TAX ASSESSOR'S RECORDS, UPON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05085-01-5

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