New York Senate Bill S09913

New York 2025-2026 Regular Session

• Introduced: 4/14/26
• Refer: 4/14/26

Caption

Includes filing certain building permit applications containing false statements regarding tenant occupancy in the offense of offering a false instrument for filing in the first degree.

Summary

This bill amends New York’s Penal Law section 175.35, which defines the felony offense of offering a false instrument for filing in the first degree. Under current law, the offense covers knowingly submitting a false written instrument to a public office or public authority with intent to defraud the state or another public entity, and it also includes certain retaliatory false financing statements filed against judges or other specified public officers. The bill adds a new category to that felony offense: a person would commit first-degree false instrument filing if they knowingly submit a building permit application for the demolition or significant renovation of a property in a city of one million or more residents, with the intent to obtain a permit in violation of law, rule, or regulation, and the application contains false statements or false information about tenant occupancy. The practical effect is to make certain misrepresentations in large-city building permit applications, especially those tied to tenant occupancy, prosecutable as a class E felony under the false-instrument statute.

Impact

The bill would expand the scope of Penal Law § 175.35 by expressly covering false statements in building permit applications related to demolition or major renovation in New York City and other cities with populations of one million or more. It would not create a new standalone offense, but would increase criminal exposure by bringing these permit-related misrepresentations into the existing first-degree false instrument framework, which is a class E felony. The measure is aimed at applicants, owners, developers, and others who submit permit paperwork to public offices or authorities.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as an enforcement and anti-fraud bill rather than a controversial policy change in the available record. Its focus on false tenant-occupancy statements suggests support for stronger oversight of demolition and renovation permitting, particularly in high-density housing markets. No formal opposition, amendments, or vote history is provided, so the overall sentiment cannot be measured from legislative proceedings, but the bill’s purpose is clearly punitive and regulatory.

Contention

The main point of potential contention is the bill’s targeted application to cities with populations of one million or more, which effectively centers on New York City and may raise questions about whether the law should be statewide or limited to large urban jurisdictions. Another possible issue is whether criminalizing false statements about tenant occupancy in permit applications could sweep in disputed, technical, or paperwork-related errors rather than deliberate fraud. Supporters would likely emphasize tenant protections and enforcement against unlawful demolition or renovation practices, while critics may focus on prosecutorial reach and the burden on property owners and developers.