Res. No. 632
Resolution calling on the New York State Legislature to pass, and the Governor to sign, A.2344, in relation to establishing the crime of criminally negligent use of real property
By Council Members Williams, Stevens and Louis
Whereas, The safety and well-being of New York City residents is of paramount importance, and it is essential to establish legal measures that hold property owners accountable for their obligations to ensure the lawful use of their properties; and
Whereas, Criminally negligent use of real property can facilitate a range of unlawful
activities such as: unsanctioned gambling, combat sports, or events where alcohol is sold and
served with proper licenses or permits, jeopardizing the safety of individuals and communities;
and
Whereas, Property owners and lessors have a legal and ethical obligation to ensure that their properties are used lawfully and safely; and
Whereas, The failure to address the unlawful use or occupancy of these properties can increase crime rates, reduce quality of life for residents and contribute to neighborhood decline; and
Whereas, Criminally negligent use of real property can lead to dangerous situations, including overcrowding, inadequate fire safety measures, and violent confrontations; and
Whereas, A.2344 sponsored by State Assemblymember Cyde Vanel establishes the crime of criminally negligent use of real property as a class A misdemeanor under new §240.80 of the New York Penal Code; and
Whereas, the crime of criminally negligent use of real property occurs when an owner or lessor of real property leases or gives possession of such property and permits the use of such property for unsanctioned gambling, combative sports or entertainment events, including but not limited to events serving and charging for the consumption of alcohol; and
Whereas, "Permits" is defined to encompass knowledge of unlawful use or occupancy, including awareness of the lessee or occupant's prior convictions related to such use within one year, and
Whereas, Establishing criminal liability for negligent property management will incentivize owners and lessors to take proactive measures to monitor and control the use of their properties; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, A.2344, in relation to establishing the crime of criminally negligent use of real property.
CMB
LS#17943
10/10/24