Bill Text: NY A04835 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy in the city of New York.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Passed) 2013-07-11 - signed chap.100 [A04835 Detail]

Download: New_York-2013-A04835-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4835
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2013
                                      ___________
       Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
         Committee on Cities
       AN ACT authorizing the reinstatement of prior approved work permits  and
         waiving the requirements of section 35 and subdivision 2 of section 36
         of  the  general  city law as such provisions relate to rebuilding and
         repairing homes devastated by Hurricane Sandy in the city of New York;
         and providing for the repeal of such provisions upon expiration there-
         of
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Legislative intent. The storms, rains and floods of Hurri-
    2  cane Sandy beginning on October 29, 2012 and  ending  November  3,  2012
    3  catastrophically  impacted  real  property  situated  in the city of New
    4  York. Storm surge in the Breezy Point neighborhood  in  the  borough  of
    5  Queens  severely  damaged or destroyed approximately 167 homes, followed
    6  by a major fire which destroyed approximately 127 homes.  Other areas of
    7  the city of New York were similarly impacted.  Homeowners in the city of
    8  New York have long been required to submit applications with the depart-
    9  ment of buildings and board of standards  and  appeals  for  permits  to
   10  improve and upgrade their residences pursuant to the requirements of the
   11  general  city  law. The process of review of such applications and ulti-
   12  mate grant of the appeal to the general city law  can  last  nearly  one
   13  year  or more. The legislature finds that it is in the best interests of
   14  homeowners in the city of New York to expedite the rebuilding and repair
   15  of homes devastated in the wake of Hurricane Sandy through waiver of the
   16  requirements of sections 35 and 36 of the general city law for a  period
   17  of 12 months.
   18    S  2.  Definitions.  For the purposes of this act, the following terms
   19  shall have the following meanings:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08512-02-3
       A. 4835                             2
    1    1. "Hurricane Sandy" shall mean the storms,  rains,  or  floods  which
    2  occurred  within  the  city  of  New York during the period beginning on
    3  October 29, 2012 and ending November 3, 2012.
    4    2.  "Board"  shall mean the board of standards and appeals established
    5  by chapter 2 of title 25 of the administrative code of the city  of  New
    6  York.
    7    3.  "Department" shall mean the department of buildings of the city of
    8  New York as defined in section 27-232 of the administrative code of  the
    9  city of New York.
   10    S  3.  Reinstatement of prior approved permits. In instances where the
   11  department approved applications for work  permits,  including  applica-
   12  tions for new buildings, Alt-1 and Alt-2 alterations, prior to Hurricane
   13  Sandy,  the department shall reinstate all prior approvals and allow the
   14  issuance of new work permits to reconstruct  originally  approved  plans
   15  subject  to  required  new  code  compliance.    In the event an updated
   16  approval from the board is required  prior  to  reinstatement  of  prior
   17  approvals  by  the  department, the board shall handle such request from
   18  the department as an administrative review and shall issue a  letter  of
   19  no objection within thirty days after the receipt of such request by the
   20  department.
   21    S  4.  Waiver  of  permit and hearing requirements. For a period of 12
   22  months after the effective date of this act, the board shall  waive  the
   23  requirements of section 35 and subdivision 2 of section 36 of the gener-
   24  al  city  law  such  that any homeowner residing in the city of New York
   25  seeking to rebuild or repair his or her residence in  the  aftermath  of
   26  Hurricane  Sandy  shall  not  be required to seek the grant of an appeal
   27  from the board or undergo a hearing process.  This  section  shall  also
   28  apply  to  applications  for new buildings, Alt-1 and Alt-2 alterations,
   29  such that homeowners shall not be required to submit  such  applications
   30  for  approval by the board for a period of 12 months after the effective
   31  date of this act.
   32    S 5. This act shall take effect immediately and shall  expire  and  be
   33  deemed repealed 1 year after such effective date.
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