Bill Text: NY A00224 | 2019-2020 | General Assembly | Introduced

Bill Title: Requires the department of buildings to maintain a registry of all deeds containing restrictive covenants.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced) 2019-01-09 - referred to cities [A00224 Detail]

Download: New_York-2019-A00224-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2019
        Introduced  by  M.  of A. BRAUNSTEIN, MOSLEY, BENEDETTO, JAFFEE, COLTON,
          MONTESANO, KIM -- Multi-Sponsored by -- M. of A. COOK -- read once and
          referred to the Committee on Cities
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to the filing of deeds containing restrictive covenants
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The administrative code of the city of New York is  amended
     2  by adding a new section 27-106 to read as follows:
     3    § 27-106 Registry of deeds with restrictive covenants. (a) The depart-
     4  ment  shall  maintain  a  registry  of  all deeds containing restrictive
     5  covenants that are filed with the department. Any such filing shall  not
     6  be  deemed  as  acceptable  in  lieu  of  any  other filing requirements
     7  mandated or permitted under any other provision of law,  rule  or  regu-
     8  lation. A deed containing one or more restrictive covenants may be filed
     9  with the department for inclusion in this registry by any owner or home-
    10  owner  association  whose  property is subject to a restrictive covenant
    11  and/or by or on behalf of a neighborhood association  or  civic  associ-
    12  ation  whose area of geographic concern, as set forth in its certificate
    13  of incorporation, charter or other relevant organizing document,  encom-
    14  passes  the  property  that is the subject of such restrictive covenant.
    15  The filing shall be accompanied by a  notarized  registration  statement
    16  acknowledging the authenticity of such deed. This registry shall be made
    17  available to the public during regular business hours.
    18    (b)  Prior  to the issuance of any permit, employees of the department
    19  shall search the registry created pursuant to subdivision  (a)  of  this
    20  section  for  the purpose of determining whether any deed listed in this
    21  registry contains any restrictive covenant that would be violated by the
    22  issuance of the requested permit or the completion of  the  project  for
    23  which  such  permit  is  sought.  If a violation of any such restrictive
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 224                              2
     1  covenant would occur, then the department shall not  issue  such  permit
     2  except  as authorized by order of a court of competent jurisdiction. Any
     3  owner or homeowner association whose property is  the  subject  of  such
     4  restrictive  covenant,  or any neighborhood association or civic associ-
     5  ation whose area of concern encompasses the property that is the subject
     6  of such restrictive covenant, shall be barred  from  collecting  damages
     7  against  the  city for the failure to enforce the restrictions contained
     8  in such restrictive covenant if such restrictive covenant has  not  been
     9  filed  with  the  department.  The department shall promulgate any addi-
    10  tional rules for the implementation of this section.
    11    (c) Nothing in this section shall be interpreted to  limit  or  reduce
    12  the rights of any owner or homeowner association whose area of geograph-
    13  ic  concern encompasses the property that is subject of such restrictive
    14  covenant or covenants to initiate and maintain legal action  to  enforce
    15  any such covenant or covenants.
    16    § 2. This act shall take effect immediately.