Res. No. 1185

Resolution calling on the New York State Legislature to pass and governor to sign, A.1797/S.6364, which would amend the New York State Penal Law to establish the offenses of reckless endangerment of an emergency service person in the first degree and second degree when individuals knowingly alter or convert a building that impedes egress and results in the injury or death of emergency service personnel.

By Council Member Holden

                     Whereas, An illegal conversion is an alteration or modification of an existing building to create an additional housing unit without first obtaining approval from the New York State Department of State’s Division of Building Standards and Codes; and

                     Whereas, Building codes exist to ensure that residents, and particularly first responders and emergency personnel, are protected from the dangers posed by fire and inferior construction methods; and

                     Whereas, New York City has seen a drastic increase in population over the past decade resulting in pervasive illegally converted buildings; and

                     Whereas, Each year, there are numerous fatal structural fires attributed to illegally converted buildings; and

                     Whereas, Far too often, these situations result in serious injury to, or the death of, not only residents but also firefighters or other emergency personnel; and

                     Whereas, New York State passed a law in 2017 that afforded protection to tenants from illegally converted buildings; and

                     Whereas, Similarly, New York State should pass a law to further protect emergency service personnel when responding to an emergency; and                                                               

                     Whereas, A.1797, introduced by New York State Assemblymember  Kenneth Zebrowski and S.6364, introduced by New York State Senator David Carlucci, seek to amend the New York State Penal Law in relation to establishing the offenses of reckless endangerment of an emergency service personnel in the first degree as a Class E felony and reckless endangerment of an emergency service personnel in the second degree as a Class D felony; and

                     Whereas, A.1797/S.6364 seek to create the new crimes of reckless endangerment of a peace officer, police officer, firefighter or emergency medical services professional in the first and second degrees when such individual is injured or killed when responding to an emergency in an illegally converted building; and

                     Whereas,  Emergency service personnel provide an invaluable service in keeping us safe and assisting us in emergencies, and when an unscrupulous individual directly places their health and safety at risk for the sake of their own profits they should be held accountable; now, therefore, be it

                      Resolved, That the Council of the City of New York calls on the New York State Legislature to pass and governor to sign, A.1797/S.6364, which would amend the New York State Penal Law to establish the offenses of reckless endangerment of an emergency service person in the first degree and second degree when individuals knowingly alter or convert a building that impedes egress and results in the injury or death of emergency service personnel.

WJH

LS 10914

7/15/19