S4444B-2011 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

S4444B-2011 Meetings

S4444B-2011 Votes

S4444B-2011 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.

S4444B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 4444--B                                            A. 6844--B
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08970-03-1
 
       S. 4444--B                          2                         A. 6844--B
 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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