Bill Text: NY S03586 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to enacting the "adjacent neighbors' bill of rights"; requires the department of buildings to develop a bulletin known as the "adjacent neighbors' bill of rights" advising homeowners who are adjacent to a property under development or construction of their rights and available resources and post such bulletin on the department's website.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-25 - referred to cities [S03586 Detail]

Download: New_York-2021-S03586-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3586--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 30, 2021
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities 1 -- recommitted to
          the Committee on Cities 1 in accordance with Senate Rule 6, sec. 8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to enacting the "adjacent neighbors' bill of rights"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as  the  "adjacent
     2  neighbors' bill of rights".
     3    §  2.  The  administrative  code of the city of New York is amended by
     4  adding a new section 28-103.34.2 to read as follows:
     5    § 28-103.34.2  Adjacent neighbors' bill of rights. 1. The commissioner
     6  shall develop a bulletin known  as  the  "adjacent  neighbors'  bill  of
     7  rights"  advising homeowners who are adjacent to a property under devel-
     8  opment or construction of their rights and available resources and  post
     9  such  bulletin  on  the  department's  website.   Such bulletin shall be
    10  translated into the top ten languages of the city of New York as  deter-
    11  mined  by chapter 11 of title 23, with such versions publicly accessible
    12  through the department's website. Copies  of  such  bulletin,  including
    13  translations  shall  be  provided  by  the commissioner to all state and
    14  local elected officials, community boards, and any  other  organizations
    15  deemed necessary by the commissioner.
    16    2.  The  bulletin developed pursuant to this section shall include the
    17  following, along with other information added at the discretion  of  the
    18  commissioner,  not otherwise inconsistent with the information set forth
    19  in the bulletin:
    20    a. an advisory on  the  availability  of  homeowners'  rights  at  the
    21  department  to  review plans submitted by developers and approved by the
    22  department and further advise homeowners of their rights;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08307-02-2
        S. 3586--A                          2

     1    b. an advisory on when a developer is required to negotiate a  license
     2  agreement  with the homeowner and that such homeowner may seek represen-
     3  tation from or consult third party professionals;
     4    c.  an  advisory of a homeowner's right to require a developer to take
     5  protective measures involving the party wall, including but not  limited
     6  to, the installation of crack gauges and vibration monitors;
     7    d. an advisory of a developer's obligation to share copies of develop-
     8  er's  then-current plans, specifications, surveys or engineering reports
     9  specific to the access sought by developers to the homeowner's property,
    10  including  the  nature  of  the  protections,  anticipated  location  or
    11  locations,  along with further information regarding developer's instal-
    12  lation dates, and approximate durations of time that the protections are
    13  expected to remain in place; and
    14    e. an advisory of other frequently asked questions as they pertain  to
    15  rights  and  obligations  for  developers  and adjoining homeowners; and
    16  contact information and other resources within the department related to
    17  plans and permits available to homeowners.
    18    § 3. This act shall take effect on the  same  date  and  in  the  same
    19  manner  as  local  law  number  126 of the city of New York for the year
    20  2021, takes effect.