STATE OF NEW YORK
________________________________________________________________________
6340--A
IN SENATE(Prefiled)
January 6, 2016
___________
Introduced by Sens. LANZA, AVELLA, COMRIE, DILAN, ESPAILLAT, HAMILTON,
LATIMER, PANEPINTO, PERALTA, PERSAUD, RIVERA -- read twice and ordered
printed, and when printed to be committed to the Committee on Housing,
Construction and Community Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the multiple dwelling law and the administrative code of
the city of New York, in relation to prohibiting advertising that
promotes the use of dwelling units in a class A multiple dwelling for
other than permanent residence purposes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The multiple dwelling law is amended by adding a new
2 section 121 to read as follows:
3 § 121. Prohibiting advertising that promotes the use of dwelling units
4 in a class A multiple dwelling for other than permanent residence
5 purposes. 1. It shall be unlawful to advertise occupancy or use of
6 dwelling units in a class A multiple dwelling for occupancy that would
7 violate subdivision eight of section four of this chapter defining a
8 "class A" multiple dwelling as a multiple dwelling that is occupied for
9 permanent residence purposes.
10 2. Any person found to have violated the provisions of subdivision one
11 of this section shall be liable for a civil penalty of not more than one
12 thousand dollars for the first violation, five thousand dollars for the
13 second violation and seven thousand five hundred dollars for the third
14 and subsequent violations.
15 3. For the purposes of this section, the term "advertise" shall mean
16 any form of communication for marketing that is used to encourage,
17 persuade or manipulate viewers, readers or listeners into contracting
18 for goods and/or services as may be viewed through various media includ-
19 ing, but not limited to, newspapers, magazines, flyers, handbills, tele-
20 vision commercials, radio, signage, direct mail, websites or text
21 messages.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13144-07-6
S. 6340--A 2
1 4. Notwithstanding the provisions of section three hundred three of
2 this chapter, in a city with a population of one million or more the
3 provisions of this section shall be enforced by the mayor's office of
4 special enforcement.
5 § 2. Subchapter 3 of chapter 1 of title 27 of the administrative code
6 of the city of New York is amended by adding a new article 18 to read as
7 follows:
8 ARTICLE 18
9 UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES
10 § 27-287.1 Unlawful advertisement for certain occupancies. 1. It shall
11 be unlawful to advertise occupancy or use of dwelling units in a class A
12 multiple dwelling for occupancy that would violate subdivision eight of
13 section four of the multiple dwelling law defining a "class A" multiple
14 dwelling as a multiple dwelling that is occupied for permanent residence
15 purposes.
16 2. The provisions of this section shall be enforced by the mayor's
17 office of special enforcement. Any person found to have violated the
18 provisions of subdivision one of this section shall be liable for a
19 civil penalty of not more than one thousand dollars for the first
20 violation, five thousand dollars for the second violation and seven
21 thousand five hundred dollars for the third and subsequent violations.
22 3. For the purposes of this section the term "advertise" shall mean
23 any form of communication, promotion or solicitation, including but not
24 limited to direct mail, newspapers, magazines, flyers, handbills, tele-
25 vision commercials, radio, signage, direct mail, websites, text messages
26 or similar displays, intended or used to induce, encourage or persuade
27 the public to enter into a contract for goods and/or services.
28 § 3. This act shall take effect immediately.
