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

                                  5023

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
  COOK, ROBINSON -- read once and referred to the Committee on Transpor-
  tation

AN ACT to amend the New York city charter and the  vehicle  and  traffic
  law,  in  relation  to  the "open driveway act" regarding the environ-
  mental 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.
                                                           LBD03472-01-5
              

A. 5023                             2

PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.
  (4)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO DIMINISH OR EXTIN-
GUISH A PERSON'S RIGHT TO A TRIAL BY JURY IN THE FIRST INSTANCE FOR  THE
DETERMINATION  OF A CLAIM TO REAL PROPERTY PURSUANT TO THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, THE CIVIL PRACTICE LAW AND RULES,  AND  ANY
OTHER APPLICABLE LAW.
  (5) IF ANY PROVISION OF THIS SUBDIVISION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE REMAINDER OF THIS SUBDI-
VISION AND SECTION SHALL NOT BE AFFECTED THEREBY.
  S  3. Subdivision a of section 1049-a of the New York city charter, as
amended by section 5 of question 2 of local law number 60 of the city of
New York for the year 2010, is amended to read as follows:
  a. There shall be in the office of administrative trials and  hearings
an  environmental  control board consisting of the commissioner of envi-
ronmental protection, the commissioner of sanitation,  the  commissioner
of  buildings, the commissioner of health and mental hygiene, the police
commissioner, the fire commissioner and  the  chief  administrative  law
judge  of the office of administrative trials and hearings, who shall be
chair, all of whom shall serve on the board without compensation and all
of whom shall have the power to exercise or delegate any of their  func-
tions,  powers and duties as members of the board, and six persons to be
appointed by the mayor, with the advice and consent of the city council,
who are not otherwise employed by the city, one to  be  possessed  of  a
broad  general  background  and experience in the field of air pollution
control, one with such background and experience in the field  of  water
pollution  control, one with such background and experience in the field
of noise pollution control, one with such background and  experience  in
the  real  estate  field, one with such background and experience in the
business community, ONE WHO SHALL BE AN ATTORNEY  WITH  SUCH  BACKGROUND
AND  EXPERIENCE  IN REAL PROPERTY LAW, and one member of the public, and
who shall serve for four-year terms. Such members shall  be  compensated
at  a rate that may be specified by the chair and approved by the mayor.
Within the board's appropriation, the chair  may  appoint  an  executive
director,  subject  to the approval of the board, and such hearing offi-
cers, including non-salaried hearing officers, and  other  employees  as
the  chair  may from time to time find necessary for the proper perform-
ance of the board's duties.
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 15 to read as follows:
  15. (A) IN THE CITY OF NEW YORK, TO ISSUE A NOTICE OF VIOLATION  WHEN-
EVER  THE  BLOCKING  OF A DRIVEWAY HAS OCCURRED, WHERE THE OWNERSHIP AND
USE OF SUCH DRIVEWAY IS SHARED BY ADJOINING PROPERTY  OWNERS;  PROVIDED,
HOWEVER, THAT SUCH VIOLATIONS SHALL BE HEARD AND DETERMINED BY THE ENVI-
RONMENTAL  CONTROL  BOARD PURSUANT TO SUBDIVISION D OF SECTION ONE THOU-
SAND FORTY-NINE-A OF THE NEW YORK CITY CHARTER.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM  "BLOCKING"  SHALL
MEAN  THE  PARKING  OR  STANDING  OF  A  MOTOR VEHICLE IN A MANNER WHICH
PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law, and shall expire July 1, 2025 when upon such date the
provisions of this act shall be deemed repealed; provided, however, that
the environmental control board and the parking violations bureau in the
city  of  New  York  shall promulgate rules and regulations necessary to
effectuate the provisions of this act prior to such effective date.

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

                                 5023--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
  COOK, ROBINSON -- read once and referred to the Committee on Transpor-
  tation -- recommitted to the Committee on Transportation in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the New York city charter and the vehicle and traffic
  law, in relation to the "open driveway  act"  regarding  the  environ-
  mental  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03472-03-6
              

A. 5023--A                          2

  (3)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE TERM "BLOCKING" SHALL
MEAN THE PARKING OR STANDING OF  A  MOTOR  VEHICLE  IN  A  MANNER  WHICH
PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.
  (4)  NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO DIMINISH OR EXTIN-
GUISH A PERSON'S RIGHT TO A TRIAL BY JURY IN THE FIRST INSTANCE FOR  THE
DETERMINATION  OF A CLAIM TO REAL PROPERTY PURSUANT TO THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, THE CIVIL PRACTICE LAW AND RULES,  AND  ANY
OTHER APPLICABLE LAW.
  (5) IF ANY PROVISION OF THIS SUBDIVISION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE REMAINDER OF THIS SUBDI-
VISION AND SECTION SHALL NOT BE AFFECTED THEREBY.
  S  3. Subdivision a of section 1049-a of the New York city charter, as
amended by local law number 38 of the city of  New  York  for  the  year
2015, is amended to read as follows:
  a.  There shall be in the office of administrative trials and hearings
an environmental control board consisting of the commissioner  of  envi-
ronmental  protection,  the commissioner of sanitation, the commissioner
of buildings, the commissioner of health and mental hygiene, the  police
commissioner,  the  fire  commissioner  and the chief administrative law
judge of the office of administrative trials and hearings, who shall  be
chair, all of whom shall serve on the board without compensation and all
of  whom shall have the power to exercise or delegate any of their func-
tions, powers and duties as  members  of  the  board,  and  [six]  SEVEN
persons to be appointed by the mayor, with the advice and consent of the
city  council,  who  are  not  otherwise employed by the city, one to be
possessed of a broad general background and experience in the  field  of
air  pollution  control,  one with such background and experience in the
field of water pollution control, one with such background  and  experi-
ence  in  the field of noise pollution control, one with such background
and experience in the real estate field, one with  such  background  and
experience  in  the business community, ONE WHO IS AN ATTORNEY WITH SUCH
BACKGROUND AND EXPERIENCE IN REAL PROPERTY LAW, and one  member  of  the
public,  and  who shall serve for four-year terms. Such members shall be
compensated at a rate that may be specified by the chair and approved by
the mayor. Within the board's appropriation, the chair  may  appoint  an
executive director, subject to the approval of the board, and such hear-
ing officers, including non-salaried hearing officers, and other employ-
ees  as  the  chair  may from time to time find necessary for the proper
performance of the board's duties. The board shall be  convened  by  the
chairperson or in his or her absence a deputy commissioner of the office
of  administrative  trials  and  hearings or at the request of any three
members thereof. Five members of the board, at least two of  whom  shall
not be city officials, shall constitute a quorum.
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 16 to read as follows:
  16.  (A) IN THE CITY OF NEW YORK, TO ISSUE A NOTICE OF VIOLATION WHEN-
EVER THE BLOCKING OF A DRIVEWAY HAS OCCURRED, WHERE  THE  OWNERSHIP  AND
USE  OF  SUCH DRIVEWAY IS SHARED BY ADJOINING PROPERTY OWNERS; PROVIDED,
HOWEVER, THAT SUCH VIOLATIONS SHALL BE HEARD AND DETERMINED BY THE ENVI-
RONMENTAL CONTROL BOARD PURSUANT TO SUBDIVISION D OF SECTION  ONE  THOU-
SAND FORTY-NINE-A OF THE NEW YORK CITY CHARTER.
  (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE TERM "BLOCKING" SHALL
MEAN THE PARKING OR STANDING OF  A  MOTOR  VEHICLE  IN  A  MANNER  WHICH
PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.

A. 5023--A                          3

  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law, and shall expire July 1, 2025 when upon such date the
provisions of this act shall be deemed repealed; provided, however, that
the environmental control board and the parking violations bureau in the
city  of  New  York  shall promulgate rules and regulations necessary to
effectuate the provisions of this act prior to such effective date.