New York City Council Header
File #: Int 1086-2018    Version: * Name: Illegal residential conversions.
Type: Introduction Status: Committee
Committee: Committee on Housing and Buildings
On agenda: 8/8/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to illegal residential conversions
Sponsors: Paul A. Vallone, Robert F. Holden
Council Member Sponsors: 2
Summary: This bill would allow the Department of Buildings to issue violations for illegal residential conversions based on readily observable evidence.
Attachments: 1. Summary of Int. No. 1086, 2. Int. No. 1086, 3. August 8, 2018 - Stated Meeting Agenda with Links to Files

Int. No. 1086

 

By Council Members Vallone and Holden

 

A Local Law to amend the administrative code of the city of New York, in relation to illegal residential conversions

 

Be it enacted by the Council as follows:

 

Section 1.  Section 28-210.1 of the administrative code of the city of New York, is amended to read as follows:

                     §28-210.1 Illegal residential conversions. It  shall  be unlawful, except in accordance with all requirements of this code, to convert  any dwelling  for  occupancy  by  more than the legally authorized number of families or to assist, take part in, maintain or permit the  maintenance of  such  conversion.  Upon  the  finding  of  such  violation  and  the imposition of punishment for such violation as set forth  in  this  code the  department  or if applicable the environmental control board shall forward to the internal revenue service, the New York  state  department of  taxation and finance and the New York city department of finance the name and address of the respondent or  defendant,  the  address  of  the buildings  or structure with respect to which the violation occurred and the time period during which the violation was found to have existed. Notwithstanding any other provision of law, the department or any other law enforcement entity acting to enforce this section shall be authorized to issue a summons or notice of violation for a violation of this section based on readily observable circumstantial evidence which evidence may be refuted before a court of competent jurisdiction or before the environmental control board prior to the imposition of a final determination.  Examples of such circumstantial evidence include, but are not limited to, a greater number of mailboxes or mail receptacles servicing a dwelling than the number of legally authorized dwelling units in such dwelling; the existence of a greater number of operational utility meters servicing a dwelling for the same type of utility service than the number of legally authorized dwelling units in such dwelling, or a greater number of doorbells servicing a dwelling than the number of legally authorized dwelling units in such dwelling.  A violation of this section which has been based on circumstantial evidence in accordance with this subdivision may not be deemed corrected unless the premises which is the subject of the violation has been inspected by the department.

                     §2. Section 28-201.2.1 of the administrative code of the city of New York is amended by adding a new item 1.3. to read as follows:

                     1.3. Any violation of section 28-210.1 or 28-210.2 deemed an immediately hazardous violation shall be punishable by a fine of not less than one thousand dollars.

§3.  This local law takes effect immediately.

 

 

 

 

 

JW/ARP

LS# 6676

7/17/18