senate Bill S6190

Amended

Requires the department of buildings to maintain a registry of all deeds containing restrictive covenants

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 09 / Apr / 2014
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 09 / Apr / 2014
    • PRINT NUMBER 6190A

Summary

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

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Bill Details

See Assembly Version of this Bill:
A8615
Versions:
S6190
S6190A
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Add ยง27-106, NYC Ad Cd

Sponsor Memo

BILL NUMBER:S6190

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to the filing of deeds containing restrictive
covenants

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to allow
homeowners and homeowner/neighborhood associations whose properties
are subject to restrictive covenants or other types of deed
restrictions, to register such deeds with the Department of Buildings.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the administrative code by adding a new
section 27-106 to create a registry of deeds with restrictive
covenants that are filed with the Department of Buildings. Section a
of the bill allows such deeds to be filed by any homeowner or
homeowner association, as well as by or on behalf of a neighborhood or
civic association whose area of geographic concern as set forth in its
organizing document encompasses the property that is subject to the
deed restriction. Section b of the bill requires the Department of
Buildings to search the registry of deeds prior to the issuance of any
permit to determine whether issuance of the permit would violate any
terms of the deed restriction. If the permit would violate the deed
restriction then the Department of Buildings would be mandated to
refuse to issue the permit unless ordered to do so by a court. The
bill also prevents a homeowner or homeowner association or a
neighborhood or civic association that does not file a restrictive
covenant from collecting damages against the Department of Buildings
for failure to enforce those restrictions.

Section 2 of the bill sets forth an immediate effective date.

JUSTIFICATION: This bill will allow a homeowner or homeowner
association, as well as a neighborhood or civic association whose area
of geographic concern as set forth in its organizing document
encompasses the property that is subject to the deed restriction to
file such restrictions with the Department of Buildings. In turn, the
Department of Buildings would be required to review the deed registry
prior to issuing any permits to ensure that such permits would not
violate the terms of any filed restriction.

Many residential communities in the city of New York were designed
with a specific housing stock in mind. Community planners sought to
create residential neighborhoods with a particular sense of community
and lifestyle. Restrictive covenants were used to ensure that future
development would conform to the existing character of the
neighborhood.

Unfortunately, over time many of these residential communities have
been slowly transformed into more urban and overtly commercial areas.
The practice of either ignoring or refusing to acknowledge the
existence of restrictive covenants has led to serious deterioration in
the quality of life for many of these communities. Therefore, it is
incumbent on the Department of Buildings to take steps to preserve
communities that are covered by restrictive covenants so that the


character of these planned communities is not lost to future
generations.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To Be Determined.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6190

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

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:

  Section  1. The administrative code of the city of New York is amended
by adding a new section 27-106 to read as follows:
  S 27-106 REGISTRY OF DEEDS WITH RESTRICTIVE COVENANTS. (A) THE DEPART-
MENT SHALL MAINTAIN A  REGISTRY  OF  ALL  DEEDS  CONTAINING  RESTRICTIVE
CONVENTS  THAT  ARE FILED WITH THE DEPARTMENT. ANY SUCH FILING SHALL NOT
BE DEEMED AS  ACCEPTABLE  IN  LIEU  OF  ANY  OTHER  FILING  REQUIREMENTS
MANDATED  OR  PERMITTED  UNDER ANY OTHER PROVISION OF LAW, RULE OR REGU-
LATION. A DEED CONTAINING ONE OR MORE RESTRICTIVE COVENANTS MAY BE FILED
WITH THE DEPARTMENT FOR INCLUSION IN THIS REGISTRY BY ANY OWNER OR HOME-
OWNER ASSOCIATION WHOSE PROPERTY IS SUBJECT TO  A  RESTRICTIVE  COVENANT
AND/OR  BY  OR  ON BEHALF OF A NEIGHBORHOOD ASSOCIATION OR CIVIC ASSOCI-
ATION WHOSE AREA OF GEOGRAPHIC CONCERN, AS SET FORTH IN ITS  CERTIFICATE
OF  INCORPORATION, CHARTER OR OTHER RELEVANT ORGANIZING DOCUMENT, ENCOM-
PASSES THE PROPERTY THAT IS THE SUBJECT OF  SUCH  RESTRICTIVE  COVENANT.
THE  FILING  SHALL  BE ACCOMPANIED BY A NOTARIZED REGISTRATION STATEMENT
ACKNOWLEDGING THE AUTHENTICITY OF SUCH DEED. THIS REGISTRY SHALL BE MADE
AVAILABLE TO THE PUBLIC DURING REGULAR BUSINESS HOURS.
  (B) PRIOR TO THE ISSUANCE OF ANY PERMIT, EMPLOYEES OF  THE  DEPARTMENT
SHALL  SEARCH  THE  REGISTRY CREATED PURSUANT TO SUBDIVISION (A) OF THIS
SECTION FOR THE PURPOSE OF DETERMINING WHETHER ANY DEED LISTED  IN  THIS
REGISTRY CONTAINS ANY RESTRICTIVE COVENANT THAT WOULD BE VIOLATED BY THE
ISSUANCE  OF  THE  REQUESTED PERMIT OR THE COMPLETION OF THE PROJECT FOR
WHICH SUCH PERMIT IS SOUGHT. IF A  VIOLATION  OF  ANY  SUCH  RESTRICTIVE
COVENANT  WOULD  OCCUR,  THEN THE DEPARTMENT SHALL NOT ISSUE SUCH PERMIT
EXCEPT AS AUTHORIZED BY ORDER OF A COURT OF COMPETENT JURISDICTION.  ANY
OWNER  OR  HOMEOWNER  ASSOCIATION  WHOSE PROPERTY IS THE SUBJECT OF SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11962-01-3

S. 6190                             2

RESTRICTIVE COVENANT, OR ANY NEIGHBORHOOD ASSOCIATION OR  CIVIC  ASSOCI-
ATION WHOSE AREA OF CONCERN ENCOMPASSES THE PROPERTY THAT IS THE SUBJECT
OF  SUCH  RESTRICTIVE  COVENANT, SHALL BE BARRED FROM COLLECTING DAMAGES
AGAINST  THE  CITY FOR THE FAILURE TO ENFORCE THE RESTRICTIONS CONTAINED
IN SUCH RESTRICTIVE COVENANT IF SUCH RESTRICTIVE COVENANT HAS  NOT  BEEN
FILED  WITH  THE  DEPARTMENT.  THE DEPARTMENT SHALL PROMULGATE ANY ADDI-
TIONAL RULES FOR THE IMPLEMENTATION OF THIS SECTION.
  S 2. This act shall take effect immediately.

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