Bill Text: NY S06190 | 2013-2014 | General Assembly | Amended
Bill Title: Requires the department of buildings to maintain a registry of all deeds containing restrictive covenants.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-04-09 - PRINT NUMBER 6190A [S06190 Detail]
Download: New_York-2013-S06190-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6190--A
I N S E N A T E
(PREFILED)
January 8, 2014
___________
Introduced by Sens. AVELLA, SMITH -- read twice and ordered printed, and
when printed to be committed to the Committee on Housing, Construction
and Community Development -- 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 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 S 27-106 REGISTRY OF DEEDS WITH RESTRICTIVE COVENANTS. (A) THE DEPART-
4 MENT SHALL MAINTAIN A REGISTRY OF ALL DEEDS CONTAINING RESTRICTIVE
5 CONVENTS 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
24 COVENANT WOULD OCCUR, THEN THE DEPARTMENT SHALL NOT ISSUE SUCH PERMIT
25 EXCEPT AS AUTHORIZED BY ORDER OF A COURT OF COMPETENT JURISDICTION. ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11962-02-4
S. 6190--A 2
1 OWNER OR HOMEOWNER ASSOCIATION WHOSE PROPERTY IS THE SUBJECT OF SUCH
2 RESTRICTIVE COVENANT, OR ANY NEIGHBORHOOD ASSOCIATION OR CIVIC ASSOCI-
3 ATION WHOSE AREA OF CONCERN ENCOMPASSES THE PROPERTY THAT IS THE SUBJECT
4 OF SUCH RESTRICTIVE COVENANT, SHALL BE BARRED FROM COLLECTING DAMAGES
5 AGAINST THE CITY FOR THE FAILURE TO ENFORCE THE RESTRICTIONS CONTAINED
6 IN SUCH RESTRICTIVE COVENANT IF SUCH RESTRICTIVE COVENANT HAS NOT BEEN
7 FILED WITH THE DEPARTMENT. THE DEPARTMENT SHALL PROMULGATE ANY ADDI-
8 TIONAL RULES FOR THE IMPLEMENTATION OF THIS SECTION.
9 (C) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO LIMIT OR REDUCE
10 THE RIGHTS OF ANY OWNER OR HOMEOWNER ASSOCIATION WHOSE AREA OF GEOGRAPH-
11 IC CONCERN ENCOMPASSES THE PROPERTY THAT IS SUBJECT OF SUCH RESTRICTIVE
12 COVENANT OR COVENANTS TO INITIATE AND MAINTAIN LEGAL ACTION TO ENFORCE
13 ANY SUCH COVENANT OR COVENANTS.
14 S 2. This act shall take effect immediately.
