NY State Senate Bill 2009-S8361

Senate Bill S8361

Signed By Governor

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 - Signed by Governor

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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 01, 2010	signed chap.548
Sep 20, 2010	delivered to governor
Jul 01, 2010	returned to senate passed assembly home rule request ordered to third reading rules cal.512 substituted for a6138b
Jun 30, 2010	referred to ways and means delivered to assembly passed senate home rule request ordered to third reading cal.1402
Jun 25, 2010	referred to rules

Votes

- Jun 30, 2010 - Floor Vote
  S8361
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 30, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 30, 2010 - Rules Committee Vote
  S8361
  
  18
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 30, 2010
      
      aye (18)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      nay (1)
      
      Hannon
      
      aye wr (4)
      
      Larkin
      
      Saland
      
      Seward
      
      Skelos

2009-S8361 (ACTIVE) - Details

See Assembly Version of this Bill:: A6138
Law Section:: New York City Charter
Laws Affected:: Amd §384, NYC Chart

2009-S8361 (ACTIVE) - Summary

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

2009-S8361 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8361

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 or 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 utili-
zation 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. This authorization will expire on December 31, 2015, and
this section shall be deemed repealed at that time.

2009-S8361 (ACTIVE) - Bill Text download pdf

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

                                  8361

                            I N  S E N A T E

                              June 25, 2010
                               ___________

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

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
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

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

                                                           LBD08694-06-0

S. 8361                             2

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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