Int. No. 240
By Council Members Fisher, Eisland, Freed, Pinkett, Wooten and Stabile; also Council Members Marshall, Sabini and Boyland.
A Local Law to amend the administrative code of the city of New York, in relation to immunity from criminal liability for officers and board members of cooperative housing corporations and condominiums.
Be it enacted by the Council as follows:
Section 1. Article three of subchapter five of chapter two of title twenty-seven of the administrative code of the city of New York is amended by adding a new section 27-2119.1 to read as follows:
§27-2119.1 Immunity from criminal liability for certain officers and board members. Except as otherwise provided, no person serving without compensation as an officer or member of the board of directors of a cooperative housing corporation or a member of the board of managers of a condominium formed pursuant to article nine-b of the New York state real property law shall be held criminally liable for any violation of any provision of the New York state multiple dwelling law, administrative code, or any rule or regulation promulgated thereunder, where such violation relates to the physical condition of the premises under the control of such cooperative housing corporation or condominium, unless the conduct of such officer or board member caused the condition that constitutes a violation or such officer or board member had actual knowledge of the condition that constitutes a violation and failed to take appropriate measures to correct it. For purposes of this section, such officer or board member shall not be considered compensated solely by reason of payment of his or her actual expense incurred in attending meetings or otherwise in execution of such office.
§2. This local law shall take effect immediately.