Bill S4444B-2011

Deems certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city

Deems certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city.

Details

Actions

  • Jun 21, 2011: SUBSTITUTED BY A6844B
  • Jun 21, 2011: ORDERED TO THIRD READING CAL.1432
  • Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 16, 2011: PRINT NUMBER 4444B
  • Jun 16, 2011: AMEND AND RECOMMIT TO CITIES
  • May 9, 2011: PRINT NUMBER 4444A
  • May 9, 2011: AMEND (T) AND RECOMMIT TO CITIES
  • Apr 5, 2011: REFERRED TO CITIES

Votes

Memo

BILL NUMBER:S4444B

TITLE OF BILL: An act deeming certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to permit the commissioner of the department of buildings to issue a temporary certificate of occupancy to residential condominiums when the building's owners have partially completed the necessary work to achieve compliance with city building codes.

SUMMARY OF SPECIFIC PROVISIONS: Section 1, Subsection vi. of this bill reads in part: "Such commissioner is hereby authorized...to issue a temporary certificate of occupancy for such building where plans and/or scope of work, was found acceptable by the department of buildings by January 28, 2010, and where items identified by the commissioner of buildings are necessary for issuance of a temporary certificate of occupancy ('partial compliance') have been completed in accordance with such plans and/or scope of work."

JUSTIFICATION: In the wake of the housing market boom, the rush to develop led to a rash of hastily erected residential buildings, many of which were in violation of city regulations. These developers, interested only in cashing in on rapidly inflating property values, especially in gentrifying neighborhoods, undertook building projects with a clear disregard for future residents and their right to purchase property in a legally sound and viable manner. As a result, innocent property owners are left in tenuous housing situations through no fault of their own.

For example, in 2005, residents of the Spencer Street Condominiums in Bedford-Stuyvesant, Brooklyn, discovered after purchasing their units that the building was in violation of city zoning and safety regulations and thus did not qualify for a certificate of occupancy. The lack of certificate of occupancy status, without which residents cannot sell or refinance their units, has left these home buyers in a troubling legal grey area where they are still forced to maintain mortgage payments despite the uncertain future of their property. This is patently unfair to these residents, who are not at all complicit in the building owner's violations and had no way of knowing their property would not be in compliance with legal regulations at the time of purchase.

This bill would allow for temporary certificate of occupancy status for these condominiums and others like them in a matter that is fair to the owners, residents and the Department of Buildings by ensuring that the required work is being undertaken for the building to come into compliance with the relevant building code regulations. Temporary certificate of occupancy status would pave the way for a

permanent certificate of occupancy, an end result that is beneficial for all parties.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 4444--B A. 6844--B 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y April 5, 2011 ___________
IN SENATE -- Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. JEFFRIES -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT deeming certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. When, in the city of New York a building containing eigh- teen or more residential units which was constructed and occupied as a residence prior to the effective date of this act: (i) is located in a zoning district in which residential use is permitted; and (ii) was initially occupied as a residence in accordance with a tempo- rary certificate of occupancy issued by the department of buildings of the city of New York on or before October 28, 2004; and (iii) is owned in accordance with a plan for condominium ownership that was declared effective by the office of the attorney general on or before June 2, 2004; and (iv) the attorney general has determined that the purchasers of resi- dential units in such building acted in good faith and in reasonable
reliance upon the declaration of effectiveness of the condominium plan for such building issued by the attorney general; and (v) there has been a finding by the commissioner of buildings of such city that as of January 28, 2010, the department of buildings reviewed plans and/or a scope of work that had been submitted on behalf of the owners of such building to the department of buildings of such city for the work required to be performed for purposes of achieving compliance with health and safety requirements of the 1968 New York city building code, such plans and/or scope of work has been found acceptable to the department; and (vi) the commissioner of buildings of such city has determined that notwithstanding the provisions of subdivision (i) of this section, a certificate of occupancy of any type may not be issued for such building under existing provisions of law by reason of the failure of such build- ing to comply with certain provisions of the zoning resolution of the city of New York, including those governing the maximum allowable floor area for residential uses and the provisions of required parking; such commissioner is hereby authorized, notwithstanding the provisions of subdivision (vi) of this section, to issue a temporary certificate of occupancy for such building where plans and/or a scope of work was found acceptable by such department by January 28, 2010 and where items iden- tified by the commissioner of buildings as necessary for issuance of a temporary certificate of occupancy (hereinafter referred to in this act as "partial compliance") have been completed in accordance with such plans and/or scope of work; provided that the chairperson of the city planning commission of such city determines that (a) the use and occu- pancy of such building is not incompatible with uses and occupancies of buildings located within the immediate vicinity of such building; (b) the total built floor area of such building does not exceed the total maximum floor area permitted for a use in the zoning district within which such building is located; and (c) provision of off-street parking spaces under the zoning resolution of the city of New York is infeasible given the configuration of the building; and provided, further, that the commissioner of buildings of the city of New York determines that partial compliance was completed within three years of the effective date of this act. S 2. In the event that the commissioner of buildings of the city of New York has found that partial compliance was completed in accordance with approved plans within three years of the effective date of this act, and all work set forth in approved plans is completed within five years of the effective date of this act, such commissioner of buildings is hereby authorized to issue a permanent certificate of occupancy. S 3. Upon issuance and during the period of effectiveness of any certificate of occupancy issued pursuant to the provisions of this act, such building shall be deemed a legal non-complying building for purposes of compliance with the provisions of the zoning resolution of such city. S 4. This act shall take effect immediately.

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