Authorizes on-site inspections of housing in violation of zoning laws for purposes of enforcing housing laws and regulations.
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Huntley, Rivera
TITLE OF BILL: An act to amend the general municipal law, in relation to authorized on-site inspections of housing in violation of zoning laws
PURPOSE OR GENERAL IDEA OF BILL: Authorizes the on-site inspections of housing in violation of zoning laws for purposes of enforcing illegal housing laws and regulations.
SUMMARY OF SPECIFIC PROVISIONS: The general municipal law is amended by adding a new section 99-w, which allows on-site inspection of a residence upon obtaining a search warrant if any form of advertisement or listing (newspaper, pennysaver, supermarket paper, advertising flyer, internet listing, electronic mail list or any other type of listing) offers a rental unit in excess of the zoning certificate of occupancy. The governmental entity with jurisdiction over the premises shall create a rebuttable presumption that it is in violation of the code, law or certificate. A notice of violation may be issued to the owner, and then the owner shall have at least 7 days to prove compliance, or be subject to an on-site zoning inspection by a municipal housing 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 nonconforming use or any other certificate, notice or form of document.
JUSTIFICATION: Communities across the state have all seen a rise in illegal housing and slumlords attempting to take over our neighborhoods. Local newspapers repeatedly run ads by absentee landlords offering rental opportunities for those interested, The increase of illegal rental apartments has caused additional burdens to the taxpayers within local governments and schools as well as a drain on local resources. This legislation is aimed to give government one more tool to fight this increasing problem.
Enactment of this legislation will give towns and zoning authorities a greater ability to enforce local zoning and building codes and create a safer environment for all residents of these communities. This bill would also provide firefighters and other emergency responders with pertinent information regarding occupancy of the buildings, as well as any structural changes made, In addition, this bill would ensure towns are able to properly assess the properties for tax purposes.
PRIOR LEGISLATIVE HISTORY: A.10657 (2010); A.3873 (2009); A.7666 (2008)
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4285--B Cal. No. 212 2011-2012 Regular Sessions IN SENATE March 28, 2011 ___________Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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-w to read as follows: S 99-W. 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-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02302-07-2 S. 4285--B 2
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 DELIVERY OF WHICH THE OWNER SHALL HAVE AT LEAST SEVEN DAYS TO PROVIDE PROOF OF COMPLIANCE WITH THE ZONING CODE OR LAW OR CERTIFICATE. THE PRODUCTION OF PROOF OF COMPLIANCE SHALL SERVE TO REBUT THE PRESUMPTION AND NO SUMMONSES, VIOLATIONS OR APPEARANCE TICKETS SHALL BE ISSUED. S 2. This act shall take effect immediately.