S T A T E   O F   N E W   Y O R K
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                                  7487

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 13, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Cities

AN  ACT  to  amend  the general city law, in relation to certificates of
  occupancy for unmapped streets in the city of New York

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

  Section  1.  Section 36 of the general city law is amended by adding a
new subdivision 3 to read as follows:
  3. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY, A CERTIFICATE OF OCCUPANCY FOR A ONE OR TWO FAMILY RESIDENTIAL
DWELLING  SHALL  BE ISSUED BY THE DEPARTMENT OF BUILDINGS OF THE CITY OF
NEW YORK FOR ANY BUILDING ABUTTING AN UNMAPPED STREET WITHOUT  A  REVIEW
BY  THE  BOARD  OF STANDARDS AND APPEALS IN THE FOLLOWING CIRCUMSTANCES:
(A) IF THE CORPORATION COUNSEL OF THE CITY OF NEW  YORK  HAS  ISSUED  AN
OPINION  DETERMINING THAT THE PUBLIC WAY HAS BEEN OPEN AND IN USE TO THE
PUBLIC FOR A MINIMUM OF TEN YEARS AND HAS BEEN ATTESTED TO BY  DOCUMENTS
SATISFACTORY TO THE MUNICIPALITY, THAT THE UNMAPPED STREET ABUTTING SUCH
BUILDING OR STRUCTURE SHALL HAVE BEEN SUITABLY IMPROVED TO THE SATISFAC-
TION  OF  THE  DEPARTMENT  OF  TRANSPORTATION OF THE CITY OF NEW YORK IN
ACCORDANCE WITH STANDARDS AND SPECIFICATIONS APPROVED BY SUCH DEPARTMENT
AS ADEQUATE IN RESPECT TO THE PUBLIC HEALTH, SAFETY AND GENERAL  WELFARE
FOR  THE  SPECIAL  CIRCUMSTANCES  OF THE PARTICULAR UNMAPPED STREET, AND
THAT SUCH BUILDING OR STRUCTURE  IS  EQUIPPED  WITH  AN  AUTOMATIC  FIRE
SPRINKLER, OR (B) IF THE DEPARTMENT OF BUILDINGS OF THE CITY OF NEW YORK
DETERMINES THAT OTHER ONE OR TWO FAMILY RESIDENTIAL DWELLINGS WHICH HAVE
SUCCESSFULLY  APPEALED  TO  THE  BOARD OF STANDARDS AND APPEALS AND HAVE
BEEN ISSUED CERTIFICATES OF OCCUPANCY ARE LOCATED WITHIN THE SAME  BLOCK
WHERE  SUCH  BUILDINGS  OR  STRUCTURES  ALSO HAVE FRONTAGE THAT DIRECTLY
ABUTS THE UNMAPPED STREET IN QUESTION, THAT  SUCH  UNMAPPED  STREET  HAS
BEEN  SUITABLY IMPROVED TO THE SATISFACTION OF SUCH DEPARTMENT OF TRANS-
PORTATION IN ACCORDANCE WITH THE  SAME  STANDARDS,  SPECIFICATIONS,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02109-02-5
              

A. 7487                             2

REASONABLE  EXCEPTIONS  INCLUDED  IN  THE CASES OF APPEALS AND ANY OTHER
REASONABLE EXCEPTION THAT WILL FURTHER PROTECT ANY SUCH STREET OR  HIGH-
WAY LAYOUT, AND FURTHER PROVIDED THAT SUCH ONE OR TWO FAMILY RESIDENTIAL
DWELLING  IS  EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM.  NOTHING
CONTAINED IN THIS SUBDIVISION SHALL LIMIT THE JURISDICTION OF THE  BOARD
OF  STANDARDS  AND  APPEALS  TO  DETERMINE THE APPLICATION OF THE ZONING
RESOLUTION.
  S 2. This act shall take effect immediately.