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A new bill from Liz Krueger, the co-sponsor of the legislation banning vacation rentals in New York City

March 10, 2011

In January 2011, Senator Krueger introduced a new bill (S2127-201).

This bill, if passed into law, would impose criminal penalties for individuals who violate or assist in the violation of any provision of the Multiple Dwelling Law (“MDL”) where such a violation has resulted in the death of another as well as impose increased penalties for persons who violate or assist in the violation of any provision of the MDL where such violation has resulted in serious physical injury.

The accompanying memo further provides: “the problem of illegal apartment conversions is persistent and pervasive, and places residents of the State in danger of physical harm or death, and puts tremendous strains on community resources, including building, fire and emergency medical services personnel. An illegal conversion is the creation of one or more additional dwelling units within a building without first receiving the necessary building permits.”

Only illegal apartment conversions are mentioned in the accompanying memo of the bill.  The bill however provides that increased penalties would be imposed on individuals violating or assisting the violation of any provision of the MDL where such violation has resulted in serious physical injury.

Note:  Multiple Dwelling Law (Chapter 713 of the Laws of 1929) was enacted to set standards to maintain proper housing and to guarantee living conditions essential to the safety, morals, welfare and reasonable comfort of the residents of New York State[1].

Examples of MDL violations:

  1. Come May 2011, any unit in a class A multiple dwelling rented for less than thirty days will be in violation of Article 1, Section 4 (a) of the MDL.  Bill 6873B amended Article 1, Section 4 (a) of the MDL to provide: “ A class A multiple dwelling shall only be used for permanent residence purposes.  For the purposes of this definition, “permanent residence purposes” shall consist of occupancy of a dwelling unit by the same natural person or family for thirty consecutive days or more […].”
  2. Converting a two family dwelling into a three unit multiple dwelling.
  3. Failing to make fireproof a multiple dwelling exceeding six stories etc.

 

The full text of the bill may be found at: http://open.nysenate.gov/legislation/bill/S2127-2011

The penalties for violations are set forth in Article 8, Section 304 of the MDL.  The next article to be posted on Protect Vacation Rentals (“PVR”) will discuss these various penalties.

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[1] Article 1, Section 2 of the MDL provides: “[i]t is hereby declared that intensive occupation of multiple dwelling sites, overcrowding of multiple dwelling rooms, inadequate provision for light and air, and insufficient protection against the defective provision for escape from fire, and improper sanitation of multiple dwellings in certain areas of the state are a menace to the health, safety, morals, welfare, and reasonable comfort of the citizens of the state; and that theestablishment and maintenance of proper housing standards requiring sufficient light, air, sanitation and protection from fire hazards are essential to the public welfare. Therefore the provisions hereinafter prescribed are enacted and their necessity in the public interest is hereby declared as a matter of legislative determination.”

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