Senate Bill S5442B

2009-2010 Legislative Session

Authorizes the city of New York to sell certain property that cannot be independently developed

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 25, 2010	recommit, enacting clause stricken
Jun 09, 2010	amended on third reading 5442b
May 27, 2010	advanced to third reading
May 26, 2010	2nd report cal.
May 25, 2010	1st report cal.635
May 03, 2010	notice of committee consideration - requested
Jan 06, 2010	referred to cities
Jun 12, 2009	print number 5442a
Jun 12, 2009	amend (t) and recommit to cities
May 06, 2009	referred to cities

Votes

- May 25, 2010 - Committee Vote
  S5442B
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Committee Vote: May 25, 2010
      
      aye (5)
      
      Huntley
      
      Lanza
      
      Oppenheimer
      
      Padavan
      
      Perkins

Bill Amendments

2009-S5442 - Details

See other versions of this Bill:: A6138 ,; S8361 ,
Law Section:: New York City Charter
Laws Affected:: Amd §384, NYC Chart

2009-S5442 - Summary

Authorizes the city of New York to sell certain property that cannot be independently developed.

2009-S5442 - Sponsor Memo

                                 BILL NUMBER:  S5442

 TITLE OF BILL :
An act to amend the New York city charter, in relation to authorizing
the city of New York to sell to abutting property owners real property
owned by such city, consisting of tax lots that cannot be
independently developed due to the size, shape, configuration and
topography of such lots and the zoning regulations applicable thereto


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would amend section 384 of the New York City Charter to
allow the Mayor of the City to authorize the sale of certain types of
real property owned by the City directly to abutting property owners
without an auction or competitive bidding, which are processes that
would otherwise be required by the provisions of section 384. Direct
sales would be authorized only in the limited circumstances where the
property cannot be independently developed due to its size, shape,
configuration, topography or applicable zoning or a combination of
such factors.  Sales of such real property would remain subject to
approval pursuant to the Uniform Land Use Review Procedure (ULURP),
Section 197-c of the New York City Charter.

 JUSTIFICATION :
DCAS has jurisdiction over various limited market properties, which
are not independently developable due to size, shape, zoning,

configuration and topography. Under current law, DCAS is not
authorized to conduct direct negotiated sales to abutting property
owners of this type of property. These properties are not appropriate
for sale through the public auction or competitive bidding processes
that would be required under existing law, as they have no independent
utility. Future utilization of these lots is completely dependent on
and linked to the privately-owned adjacent lots. In some cases,
portions of these lots have been used by adjacent property owners for
years.

This legislation would provide authority for DCAS to transfer these
limited market properties directly to private ownership without the
necessity of a public auction or sealed bidding process. Eligibility
to purchase such City-owned real property would be determined at the
discretion of the mayor, but would be limited to abutting property
owners or an entity comprised of such owners. DCAS has identified
approximately 1,000 lots in all five boroughs that are potentially
eligible for this program.

Additionally, the sale of the real property would be subject to
approval pursuant to the Uniform Land Use Review Procedure (ULURP),
Section 197-c of the New York City Charter. Once legislation is passed
and ULURP approval is obtained, direct sales could be effectuated.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT :
Will reduce administrative costs to DCAS.

 EFFECTIVE DATE :
Immediately.

2009-S5442 - Bill Text download pdf

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

                                  5442

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 6, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the New York city charter, in  relation  to  authorizing
  the city of New York to sell to abutting property owners real property
  owned by such city, consisting of tax lots that cannot be independent-
  ly  developed  due to the size, shape, configuration and topography of
  such lots and the zoning regulations applicable thereto

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

  Section  1.  Subdivision b of section 384 of the New York city charter
is amended by adding a new paragraph 4-a to read as follows:
  4-A. NOTWITHSTANDING THE PROVISIONS OF THIS CHARTER, OR  ANY  GENERAL,
SPECIAL,  OR  LOCAL  LAW  TO THE CONTRARY, THE MAYOR MAY, WITHOUT PUBLIC
AUCTION OR SEALED BIDS AND FOR SUCH CONSIDERATION AND  UPON  SUCH  TERMS
AND  CONDITIONS  AS SHALL BE DETERMINED BY THE MAYOR TO BE IN THE PUBLIC
INTEREST, AUTHORIZE THE SALE OF REAL PROPERTY OF THE CITY, EXCEPT  INAL-
IENABLE  PROPERTY  OR ANY INTEREST THEREIN, THAT CANNOT BE INDEPENDENTLY
DEVELOPED, DIRECTLY TO PRIVATE OWNERS OF ABUTTING  PROPERTY,  AND/OR  AN
ENTITY  OR  ENTITIES  COMPRISED THEREOF. FOR PURPOSES OF THIS PARAGRAPH,
REAL PROPERTY THAT CANNOT BE INDEPENDENTLY DEVELOPED SHALL MEAN PROPERTY
THAT CANNOT BE DEVELOPED DUE TO  ITS  SIZE,  SHAPE,  APPLICABLE  ZONING,
CONFIGURATION,  OR  TOPOGRAPHY OR A COMBINATION OF SUCH FACTORS. NO SUCH
SALE DIRECTLY TO PRIVATE  PROPERTY  OWNERS  WITHOUT  PUBLIC  AUCTION  OR
SEALED  BIDS  SHALL  BE  AUTHORIZED UNTIL A PUBLIC HEARING HAS BEEN HELD
WITH RESPECT TO SUCH SALE AFTER THE PUBLICATION OF NOTICE  IN  THE  CITY
RECORD  AT  LEAST THIRTY DAYS IN ADVANCE OF SUCH HEARING. ANY CONVEYANCE
MAY PROVIDE FOR THE RESTRICTION OF THE USE OF SUCH REAL PROPERTY.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08694-01-9

co-Sponsors

2009-S5442A - Details

See other versions of this Bill:: A6138 ,; S8361 ,
Law Section:: New York City Charter
Laws Affected:: Amd §384, NYC Chart

2009-S5442A - Summary

Authorizes the city of New York to sell certain property that cannot be independently developed.

2009-S5442A - Sponsor Memo

                                 BILL NUMBER:  S5442A

 TITLE OF BILL :
An act to amend the New York city charter, in relation to authorizing
the city of New York to sell to abutting property owners real property
owned by such city, consisting of tax lots that cannot be
independently developed due to the size, shape, configuration and
topography of such lots and the zoning regulations applicable thereto;
and providing for the repeal of such provisions upon expiration
thereof


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would amend section 384 of the New York City Charter to
allow the Mayor of the City to authorize the sale of certain types of
real property owned by the City directly to abutting property owners
without an auction or competitive bidding, which are processes that
would otherwise be required by the provisions of section 384. Direct
sales would be authorized only in the limited circumstances where the
property cannot be independently developed due to its size, shape,
configuration, topography or applicable zoning or a combination of
such factors. Sales of such real property would remain subject to
approval pursuant to the Uniform Land Use Review Procedure (ULURP),
Section 197-c of the New York City Charter.

 JUSTIFICATION :

DCAS has jurisdiction over various limited market properties, which
are not independently developable due to size, shape, zoning,
configuration and topography. Under current law, DCAS is not
authorized to conduct direct negotiated sales to abutting property
owners of this type of property. These properties are not appropriate
for sale through the public auction or competitive bidding processes
that would be required under existing law, as they have no independent
utility. Future utilization of these lots is completely dependent on
and linked to the privately-owned adjacent lots. In some cases,
portions of these lots have been used by adjacent property owners for
years.

This legislation would provide authority for DCAS to transfer these
limited market properties directly to private ownership without the
necessity of a public auction or sealed bidding process. Eligibility
to purchase such City-owned real property would be determined at the
discretion of the mayor, but would be limited to abutting property
owners or an entity comprised of such owners. DCAS has identified
approximately 1,000 lots in all five boroughs that are potentially
eligible for this program.

Additionally, the sale of the real property would be subject to
approval pursuant to the Uniform Land Use Review Procedure (ULURP),
Section 197-c of the New York City Charter. Once legislation is passed
and ULURP approval is obtained, direct sales could be effectuated.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT :
Will reduce administrative costs to DCAS.

 EFFECTIVE DATE :
Immediately.

2009-S5442A - Bill Text download pdf

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

                                 5442--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 6, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the New York city charter, in relation to authorizing
  the city of New York to sell to abutting property owners real property
  owned by such city, consisting of tax lots that cannot be independent-
  ly developed due to the size, shape, configuration and  topography  of
  such lots and the zoning regulations applicable thereto; and providing
  for the repeal of such provisions upon expiration thereof

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

  Section 1. Subdivision b of section 384 of the New York  city  charter
is amended by adding a new paragraph 4-a to read as follows:
  4-A.  NOTWITHSTANDING  THE PROVISIONS OF THIS CHARTER, OR ANY GENERAL,
SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE  MAYOR  MAY,  WITHOUT  PUBLIC
AUCTION OR SEALED BIDS, AUTHORIZE THE SALE OF REAL PROPERTY OF THE CITY,
EXCEPT  INALIENABLE  PROPERTY  OR  ANY  INTEREST THEREIN, THAT CANNOT BE
INDEPENDENTLY DEVELOPED, DIRECTLY TO PRIVATE OWNERS OF ABUTTING  PROPER-
TY, AND/OR AN ENTITY OR ENTITIES COMPRISED THEREOF. FOR PURPOSES OF THIS
PARAGRAPH,  REAL  PROPERTY  THAT CANNOT BE INDEPENDENTLY DEVELOPED SHALL
MEAN PROPERTY THAT CANNOT BE DEVELOPED DUE TO ITS SIZE, SHAPE,  APPLICA-
BLE  ZONING,  CONFIGURATION  OR  TOPOGRAPHY, WHICH FACTORS, SINGLY OR IN
COMBINATION,  RENDER  THE  DEVELOPMENT  OF  SUCH  PROPERTY  ECONOMICALLY
IMPRACTICABLE  OR  INFEASIBLE. NO SUCH SALE DIRECTLY TO PRIVATE PROPERTY
OWNERS SHALL TAKE PLACE WITHOUT A PUBLIC  AUCTION  OR  SEALED  BIDS  (A)
UNLESS  A  FINDING BY THE MAYOR, BASED ON A CERTIFICATION BY THE COMMIS-
SIONER OF CITYWIDE ADMINISTRATIVE SERVICES THAT INDEPENDENT  DEVELOPMENT
IS  ECONOMICALLY  IMPRACTICABLE  OR  INFEASIBLE, HAS BEEN MADE THAT SUCH
SALE IS IN THE BEST INTERESTS OF THE CITY, AND (B) UNTIL A PUBLIC  HEAR-
ING  HAS  BEEN  HELD  WITH RESPECT TO SUCH SALE AFTER THE PUBLICATION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08694-03-9

S. 5442--A                          2

NOTICE IN THE CITY RECORD AT LEAST THIRTY DAYS IN ADVANCE OF SUCH  HEAR-
ING.  ANY  CONVEYANCE MAY PROVIDE FOR THE RESTRICTION OF THE USE OF SUCH
REAL PROPERTY.
  S  2. This act shall take effect immediately and shall expire December
31, 2014 when upon such date the provisions of this act shall be  deemed
repealed.

co-Sponsors

2009-S5442B (ACTIVE) - Details

See other versions of this Bill:: A6138 ,; S8361 ,
Law Section:: New York City Charter
Laws Affected:: Amd §384, NYC Chart

2009-S5442B (ACTIVE) - Summary

Authorizes the city of New York to sell certain property that cannot be independently developed.

2009-S5442B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5442B

TITLE OF BILL:
An act to amend the New York city charter, in relation to authorizing
the city of New York to sell to abutting property owners real property
owned by such city, consisting of tax lots that cannot be independently
developed due to the size, shape, configuration and topography of such
lots and the zoning regulations applicable thereto; and providing for
the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend section 384 of the New York City Charter to allow
the sale of certain types of real property owned by the City directly to
abutting property owners without an action or competitive bidding, which
are processes that would otherwise be required by the provisions of
section 384. The Mayor would have to find, based on the certification by
the commissioner of citywide administrative services that independent
development is economically impracticable for infeasible and that the
sale of this property is in the best interest of the city. Direct sales
would be authorized only in the limited circumstances where the property
cannot be independently developed due to its size, shape, configuration,
topography or applicable zoning or a combination of such factors. Sales
of such real property would remain subject to approval pursuant to the
Uniform Land Use Review procedure (ULURP), section 197-c of the New York
City Charter.

JUSTIFICATION:
DCAS has jurisdiction over various limited market properties, which are
not independently developable due to size, shape, zoning, configuration
and topography. Under current law, DCAS is not authorized to conduct
direct negotiated sales to abutting property owners of this type of
property. These properties are not appropriate for sale through the
public auction or competitive bidding processes that would be required
under existing law, as they have no independent utility. Future utiliza-
tion of these lots is completely dependent on and linked to the private-
ly-owned adjacent lots. In some cases, portions of these lots have been
used by adjacent property owners for years.

This legislation would provide authority for DCAS to transfer these
limited market properties directly to private ownership without the
necessity of a public auction or sealed bidding process. Eligibility to
purchase such City owned real property would be determined at the
discretion of the Mayor, but would be limited to abutting property
owners or an entity comprised of such owners. DCAS has identified
approximately 1,000 lots in all five boroughs that are potentially
eligible for this program.

Additionally, the sale of the real property would be subject to approval
pursuant to the Uniform Land Use Review Procedure (ULURP), Section 197-c
of the New York City Charter. Once legislation is passed and ULURP
approval is obtained, direct sales could be effectuated.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
Will reduce administrative costs to DCAS.

EFFECTIVE DATE:
Immediately. This authorization will expire on December 31, 2015, and
this section shall be deemed repealed at that time.

2009-S5442B (ACTIVE) - Bill Text download pdf

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

                                 5442--B
    Cal. No. 635

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 6, 2009
                               ___________

Introduced  by Sens. ADDABBO, HUNTLEY, PERALTA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Cities
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- recommitted to the  Committee  on
  Cities  in accordance with Senate Rule 6, sec. 8 -- reported favorably
  from said committee, ordered to first and second report, ordered to  a
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading

AN ACT to amend the New York city charter, in  relation  to  authorizing
  the city of New York to sell to abutting property owners real property
  owned by such city, consisting of tax lots that cannot be independent-
  ly  developed  due to the size, shape, configuration and topography of
  such lots and the zoning regulations applicable thereto; and providing
  for the repeal of such provisions upon expiration thereof

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

  Section  1.  Subdivision b of section 384 of the New York city charter
is amended by adding a new paragraph 4-a to read as follows:
  4-A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE OF THIS  SUBDIVI-
SION,  THE  MAYOR  MAY, WITHOUT PUBLIC AUCTION OR SEALED BIDS, AUTHORIZE
THE SALE OF REAL PROPERTY OF THE CITY, EXCEPT  INALIENABLE  PROPERTY  OR
ANY  INTEREST  THEREIN, THAT CANNOT BE INDEPENDENTLY DEVELOPED, DIRECTLY
TO PRIVATE OWNERS OF ABUTTING PROPERTY, AND/OR  AN  ENTITY  OR  ENTITIES
COMPRISED  THEREOF. THE CONSIDERATION FOR A SALE OF REAL PROPERTY PURSU-
ANT TO THIS PARAGRAPH SHALL BE THE FAIR MARKET VALUE OF SUCH  PARCEL  AS
DETERMINED  BY  APPRAISAL. FOR PURPOSES OF THIS PARAGRAPH, REAL PROPERTY
THAT CANNOT BE INDEPENDENTLY DEVELOPED SHALL MEAN PROPERTY  THAT  CANNOT
BE DEVELOPED DUE TO ITS SIZE, SHAPE, APPLICABLE ZONING, CONFIGURATION OR
TOPOGRAPHY, WHICH FACTORS, SINGLY OR IN COMBINATION, RENDER THE DEVELOP-
MENT OF SUCH PROPERTY ECONOMICALLY IMPRACTICABLE OR INFEASIBLE.  NO SUCH
SALE  DIRECTLY  TO  PRIVATE  PROPERTY  OWNERS SHALL TAKE PLACE WITHOUT A

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

                                                           LBD08694-05-0

S. 5442--B                          2

PUBLIC AUCTION OR SEALED BIDS (I) UNLESS A FINDING BY THE  MAYOR,  BASED
ON  A  CERTIFICATION  BY  THE  COMMISSIONER  OF  CITYWIDE ADMINISTRATIVE
SERVICES THAT INDEPENDENT DEVELOPMENT IS ECONOMICALLY  IMPRACTICABLE  OR
INFEASIBLE, HAS BEEN MADE THAT SUCH SALE IS IN THE BEST INTERESTS OF THE
CITY, AND (II) UNTIL A PUBLIC HEARING HAS BEEN HELD WITH RESPECT TO SUCH
SALE  AFTER THE PUBLICATION OF NOTICE IN THE CITY RECORD AT LEAST THIRTY
DAYS IN ADVANCE OF SUCH HEARING, AND  (III)  AT  LEAST  THIRTY  DAYS  IN
ADVANCE  OF  SUCH  HEARING,  A  COPY OF THE AFORESAID NOTICE IN THE CITY
RECORD HAS BEEN MAILED TO EACH ABUTTING PROPERTY OWNER ACCOMPANIED BY  A
STATEMENT  THAT  THE REAL PROPERTY TO BE SOLD WITHOUT AUCTION ABUTS SUCH
PROPERTY  OWNER'S  PROPERTY.    ANY  CONVEYANCE  MAY  PROVIDE  FOR   THE
RESTRICTION  OF THE USE OF SUCH REAL PROPERTY. NOTHING IN THIS PARAGRAPH
EXEMPTS DISPOSITIONS OF REAL PROPERTY  TO  ABUTTING  OWNERS  (AND/OR  AN
ENTITY  OR  ENTITIES  COMPRISED  THEREOF) FROM ANY APPLICABLE REVIEW AND
APPROVAL REQUIREMENTS SET FORTH IN SECTIONS ONE  HUNDRED  NINETY-SEVEN-C
AND ONE HUNDRED NINETY-SEVEN-D OF THIS CHARTER.
  S  2. This act shall take effect immediately and shall expire December
31, 2015, when upon such date the provisions of this act shall be deemed
repealed.

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Senate Bill S5442B

Sponsored By

Archive: Last Bill Status - Stricken

Actions

Votes

May 25, 2010 - Committee Vote

Committee Vote: May 25, 2010

Bill Amendments

2009-S5442 - Details

2009-S5442 - Summary

2009-S5442 - Sponsor Memo

2009-S5442 - Bill Text download pdf

co-Sponsors

2009-S5442A - Details

2009-S5442A - Summary

2009-S5442A - Sponsor Memo

2009-S5442A - Bill Text download pdf

co-Sponsors

2009-S5442B (ACTIVE) - Details

2009-S5442B (ACTIVE) - Summary

2009-S5442B (ACTIVE) - Sponsor Memo

2009-S5442B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - Stricken

Actions

Votes

Bill Amendments

2009-S5442 - Details

2009-S5442 - Summary

2009-S5442 - Sponsor Memo

2009-S5442 - Bill Text download pdf

co-Sponsors

Shirley L. Huntley

Jose Peralta

2009-S5442A - Details

2009-S5442A - Summary

2009-S5442A - Sponsor Memo

2009-S5442A - Bill Text download pdf

co-Sponsors

Shirley L. Huntley

Jose Peralta

2009-S5442B (ACTIVE) - Details

2009-S5442B (ACTIVE) - Summary

2009-S5442B (ACTIVE) - Sponsor Memo

2009-S5442B (ACTIVE) - Bill Text download pdf

Comments