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This bill would provide an affirmative defense where a building owner receives a violation for an illegal conversion of a dwelling unit from a permanent residence but neither knew nor should have known that such violation existed or had taken affirmative steps to correct the violation.

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City Council
Referred to Comm by Council
City Council
Introduced by Council

Int. No. 307

 

By Council Member Rodriguez

 

A Local Law to amend the administrative code of the city of New York, in relation to providing an affirmative defense for an illegal conversion of a dwelling unit from a permanent residence

 

Be it enacted by the Council as follows:

 

Section 1. Item 16 of section 28-201.2.1 of the administrative code of the city of New York is amended to read as follows:

16. A violation of section 28-210.3 that involves more than one dwelling unit or a second or subsequent violation of section 28-210.3 by the same person at the same dwelling unit or multiple dwelling. It shall be an affirmative defense for a building owner that such owner (i) neither knew nor should have known that such violation existed or (ii) had taken affirmative steps to correct the violation prior to the issuance of such violation.

 

§ 2. Item 1 of section 28-201.2.2 of the administrative code of the city of New York is amended to read as follows:

1. A violation of section 28-210.1, [or] 28-210.2 or 28-210.3 other than a violation that is directed to be classified as immediately hazardous. For a violation of section 28-210.3, it shall be an affirmative defense for a building owner that such owner (i) neither knew nor should have known that such violation existed or (ii) had taken affirmative steps to correct the violation prior to the issuance of such violation.

 

                     § 3. This local law takes effect 120 days after it becomes law, except that the commissioner of buildings may take such actions as are necessary for its implementation, including the promulgation of rules, before such effective date.

 

LS 2684

JW/MPC

1/16/18