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STATE OF NEW YORK
________________________________________________________________________

46

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the general municipal law and the penal law, in relation
  to liability of owners of illegal rentals if  a  resident  or  certain
  other  person  is  injured  or  dies related to such owner's negligent
  maintenance of such illegal rental

  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-v to read as follows:
  S 99-V. LIABILITY OF OWNERS OF ILLEGAL RENTALS.  IN THE CASE OF  SERI-
OUS  INJURY  OR  DEATH  OF  ANY RESIDENT OF AN ILLEGAL RENTAL, OR PERSON
INVOLVED IN RESCUING OR ASSISTING VICTIMS LIVING IN AN  ILLEGAL  RENTAL,
THE  OWNER  OF  SUCH ILLEGAL RENTAL SHALL BE PRESUMED LIABLE PURSUANT TO
SECTIONS 120.20 AND 125.10 OF THE PENAL LAW.
  S 2. The first undesignated paragraph of section 120.20 of  the  penal
law is amended to read as follows:
  A person is guilty of reckless endangerment in the second degree when:
  (A)  he  OR SHE recklessly engages in conduct which creates a substan-
tial risk of serious physical injury to another person; OR
  (B) HE OR SHE IS AN OWNER OF AN ILLEGAL RENTAL UNIT AND A RESIDENT  OF
SUCH  UNIT  IS  A  VICTIM  OF SUCH OWNER'S NEGLIGENT MAINTENANCE OF SUCH
RENTAL, OR A PERSON INVOLVED IN RESCUING OR ASSISTING  SUCH  VICTIMS  IN
SUCH ILLEGAL RENTAL SUFFERS SERIOUS PHYSICAL INJURY.
  S  3.  The first undesignated paragraph of section 125.10 of the penal
law is amended to read as follows:
  A person is guilty of criminally negligent homicide when[,]:
  (A) with criminal negligence, he OR SHE causes the  death  of  another
person; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02300-01-1
A. 46                               2

  (B)  HE OR SHE IS AN OWNER OF AN ILLEGAL RENTAL UNIT AND A RESIDENT OF
SUCH UNIT IS A VICTIM OF SUCH  OWNER'S  NEGLIGENT  MAINTENANCE  OF  SUCH
RENTAL,  OR  A  PERSON INVOLVED IN RESCUING OR ASSISTING SUCH VICTIMS IN
SUCH ILLEGAL RENTAL SUFFERS DEATH.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.