Provides that the contractor who performed the construction work which results in an illegal conversion of a housing unit shall be held liable for monetary penalties related to such illegal conversion, rather than the residents; provides that the owner of the building shall be held liable if such person knew or should reasonably have known that the construction was being done without prior approval by the department of buildings and without the required permits.
Summary
A07225 would amend the New York City Administrative Code to shift liability for penalties arising from an “illegal conversion” of a housing unit. The bill defines an illegal conversion as creating or modifying a housing unit without the approvals or permits required by law from the Department of Buildings. If an illegal conversion is found by the Environmental Control Board, the contractor or other individual who performed the construction would be responsible for any monetary penalties tied to the violation.
The bill also limits when a building owner can be held liable. Under the proposal, an owner would not be liable for monetary penalties unless the owner was also the person who performed the construction, or knew or reasonably should have known that the work required DOB approval and permits that had not been obtained. In addition, the bill creates affirmative defenses for certain DOB violations where city records conflict about the property, or where the owner purchased the property already in an illegal conversion condition.
Impact
This bill would change the allocation of civil penalty liability under the New York City Administrative Code for illegal apartment conversions and related unpermitted work. It would make contractors, rather than owners or residents, the primary party responsible for monetary penalties when they perform the unauthorized construction, while preserving owner liability only in cases of direct involvement or knowledge. It also provides defenses that could reduce or eliminate liability in cases involving inconsistent city records or preexisting illegal conversion conditions, affecting enforcement by the Department of Buildings, the Environmental Control Board, property owners, and construction contractors.
Sentiment
The available context suggests the bill is intended as a consumer- and homeowner-protection measure, with a general policy preference for holding the actual builder responsible rather than penalizing residents or owners who may not have caused the violation. The caption indicates a focus on fairness in enforcement and on preventing penalties from falling on occupants or passive owners. No committee transcript or vote record is available, so there is no documented opposition or recorded support in the provided materials.
Contention
The main point of contention is likely who should bear responsibility for illegal conversions: the contractor who performed the work, the building owner, or potentially residents/occupants affected by the conversion. The bill narrows owner liability, which could be disputed by those who believe owners should remain broadly accountable for conditions on their property. Another possible issue is the affirmative defense for owners who bought property already in illegal-conversion condition or where city records conflict, which may be viewed as protecting innocent purchasers but could also be criticized as limiting enforcement and recovery of penalties.
Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.
Enacts "the construction reporting pay act"; provides that each laborer, worker or mechanic in the employ of a contractor who by request or permission of an employer reports for work on any day shall be paid no less than four hours at the prevailing rate of wages.
Establishes a new article in the state building code that provides that certain new housing construction contain at least one floor that meets the requirements for a Type C "ANSI'' Standards for Accessible and Usable Buildings and Facilities.
Establishes a new article in the state building code that provides that certain new housing construction contain at least one floor that meets the requirements for a Type C "ANSI'' Standards for Accessible and Usable Buildings and Facilities.
Provides that for any school district located wholly or partially within a municipality that meets transit-oriented development or housing growth benchmarks, the approved building aid ratio for any eligible capital construction project shall be increased by five percentage points.
Provides that no city or town may issue a permit for the construction of new buildings, that are not an all-electric building, if the initial application for a permit was submitted after December 31, 2026, unless certain circumstances apply.
Provides that no tax exemption shall be given for any unit that has not agreed in writing to maintain such unit as their primary residence for no less than five years from the acquisition of such unit.
Relating to forestry; providing for revenue raising that requires approval by a three-fifths majority; providing that this Act shall be referred to the people for their approval or rejection.