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

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S4285B-2011 Actions

• May 21, 2012: referred to local governments
• May 21, 2012: DELIVERED TO ASSEMBLY
• May 21, 2012: PASSED SENATE
• May 14, 2012: AMENDED ON THIRD READING 4285B
• Mar 5, 2012: ADVANCED TO THIRD READING
• Mar 1, 2012: 2ND REPORT CAL.
• Feb 29, 2012: 1ST REPORT CAL.212
• Jan 5, 2012: PRINT NUMBER 4285A
• Jan 5, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jun 24, 2011: COMMITTED TO RULES
• Apr 12, 2011: ADVANCED TO THIRD READING
• Apr 11, 2011: 2ND REPORT CAL.
• Apr 6, 2011: 1ST REPORT CAL.332
• Mar 28, 2011: REFERRED TO LOCAL GOVERNMENT

S4285B-2011 Calendars

Active List: May 21, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012

S4285B-2011 Votes

S4285B-2011 Memo

BILL NUMBER:S4285B

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.

S4285B-2011 Text

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

                                   4285--B
      Cal. No. 212

                         2011-2012 Regular Sessions

                              I N  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.