Assembly Bill A3433

2013-2014 Legislative Session

Authorizes the environmental control board to adjudicate disputes between adjoining real property owners over the blocking of a driveway in the city of New York

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

multi-Sponsors

2013-A3433 (ACTIVE) - Details

See Senate Version of this Bill:
S522
Current Committee:
Assembly Transportation
Law Section:
New York City Charter
Laws Affected:
Amd §1049-a, NYC Chart; amd §237, V & T L; amd §24-346, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2009-2010: A8054, S5513
2011-2012: A2662, S690
2015-2016: A5023
2017-2018: A2458
2019-2020: A1425
2021-2022: A1529

2013-A3433 (ACTIVE) - Summary

Authorizes the environmental control board to adjudicate disputes between adjoining real property owners over the blocking of a driveway, the ownership or use of which is shared by such adjoining owners in the city of New York; further appoints another hearing officer to the board who shall be an attorney; defines the term "blocking".

2013-A3433 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3433

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
  COOK, HEASTIE, JACOBS, ROBINSON, WEISENBERG -- read once and  referred
  to the Committee on Transportation

AN  ACT  to amend the New York city charter, the vehicle and traffic law
  and the administrative code of the city of New York,  in  relation  to
  the  "open  driveway  act"  regarding  the environmental control board
  adjudication of disputes concerning the blocking of  a  driveway;  and
  providing for the repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and  may  be  cited  as  the  "open
driveway act".
  S  2. Section 1049-a of the New York city charter is amended by adding
a new subdivision c-1 to read as follows:
  C-1. (1) THE ENVIRONMENTAL CONTROL BOARD SHALL ADOPT RULES  AND  REGU-
LATIONS TO ADJUDICATE DISPUTES ARISING BETWEEN ADJOINING PROPERTY OWNERS
WHO  HAVE  OWNERSHIP  IN  AND USE A SHARED DRIVEWAY, WHERE SUCH DISPUTES
ARISE FROM THE BLOCKING OF SUCH DRIVEWAY.  SUCH  RULES  AND  REGULATIONS
SHALL PROVIDE, AMONG OTHER THINGS, THAT THE BOARD:
  (A)  PROVIDE  PROPER NOTICE TO PERSONS WHOSE INTEREST IN REAL PROPERTY
ARE AFFECTED BY THE ADJUDICATION;
  (B) RENDER A DECISION THAT INCLUDES A DETERMINATION OF THE  RIGHTS  OF
THE PARTIES CONCERNING THE PROPERTY; AND
  (C)  IMPOSE PENALTIES IN ACCORDANCE WITH A SCHEDULE OF MONETARY FINES,
WHENEVER A BLOCKING OF A DRIVEWAY IS DETERMINED TO HAVE OCCURRED.  MONE-
TARY FINES SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS.
  (2) FOR PURPOSES OF  ADJUDICATING  THESE  DISPUTES,  THE  BOARD  SHALL
APPOINT A HEARING OFFICER WHO SHALL BE AN ATTORNEY WITH A BACKGROUND AND
EXPERIENCE IN REAL PROPERTY LAW.
  (3)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE TERM "BLOCKING" SHALL
MEAN THE PARKING OR STANDING OF  A  MOTOR  VEHICLE  IN  A  MANNER  WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00101-01-3
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.