S T A T E   O F   N E W   Y O R K
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                                 6388--A
    Cal. No. 19

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules -- reported  favora-
  bly  from said committee, ordered to a third reading, passed by Senate
  and delivered to the Assembly, recalled, vote  reconsidered,  restored
  to  third  reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the general city law, in  relation  to  certificates  of
  occupancy for unmapped streets in the city of New York

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 36 of the  general  city  law,  as
added  by  a  chapter of the laws of 2015, amending the general city law
relating to certificates of occupancy for unmapped streets in  the  city
of  New  York,  as  proposed  in  legislative  bills  numbers A.7487 and
S.3472-A, is amended to read as follows:
  3. Notwithstanding any provision of law, rule  or  regulation  to  the
contrary, a certificate of occupancy for a one or two family residential
dwelling WHICH IS OTHERWISE IN COMPLIANCE WITH ALL APPLICABLE LAWS shall
be issued by the department of buildings of the city of New York for any
building  abutting  an  unmapped street without a review by the board of
standards and appeals in the following circumstances: (a) if the  corpo-
ration counsel of the city of New York has issued an opinion determining
that the public way has been open and in use to the public for a minimum
of  ten  years and has been attested to by documents satisfactory to the
municipality, that the unmapped street abutting such building or  struc-
ture  shall  have  been  suitably  improved  to  the satisfaction of the
department of transportation of the city of New York in accordance  with
standards  and specifications approved by such department as adequate in
respect to the public health, safety and general welfare for the special
circumstances of the particular unmapped street, and that such  building
or structure is equipped with an automatic fire sprinkler, or (b) if the
department  of buildings of the city of New York determines that [other]
SUCH one or two family residential [dwellings which  have]  DWELLING  IS
LOCATED  WITHIN  THE SAME BLOCK AND FRONTING ON THE SAME UNMAPPED STREET

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD02109-08-6

S. 6388--A                          2

IN QUESTION AS ANOTHER BUILDING OR STRUCTURE THAT successfully  appealed
to  the  board  of  standards  and  appeals  and  [have] HAS been issued
[certificates] A CERTIFICATE of occupancy [are located within  the  same
block where such buildings or structures also have frontage that direct-
ly abuts the unmapped street in question, that such unmapped street] AND
PROVIDED THE UNMAPPED STREET FRONTING SUCH ONE OR TWO FAMILY RESIDENTIAL
DWELLING  has been suitably improved to the [satisfaction] STANDARDS AND
SPECIFICATIONS of such department of transportation [in accordance  with
the  same  standards, specifications, and reasonable exceptions included
in the cases of appeals and any other  reasonable  exception  that  will
further protect any such street or highway layout], and further provided
that  such  one  or  two family residential dwelling is equipped with an
automatic fire sprinkler system.  Nothing contained in this  subdivision
shall  limit  the  jurisdiction of the board of standards and appeals to
determine the application of the zoning resolution.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  a chapter of the laws of 2015, amending the general city law
relating to certificates of occupancy for unmapped streets in  the  city
of  New  York,  as  proposed  in  legislative  bills  numbers A.7487 and
S.3472-A, takes effect.