senate Bill S4444B

Signed By Governor
2011-2012 Legislative Session

Deems certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city

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Archive: Last Bill Status Via A6844 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 signed chap.519
Sep 12, 2011 delivered to governor
Jun 21, 2011 returned to assembly
passed senate
3rd reading cal.1432
substituted for s4444b
Jun 21, 2011 substituted by a6844b
ordered to third reading cal.1432
committee discharged and committed to rules
Jun 16, 2011 print number 4444b
amend and recommit to cities
May 09, 2011 print number 4444a
amend (t) and recommit to cities
Apr 05, 2011 referred to cities

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4444 - Bill Details

See Assembly Version of this Bill:
A6844B
Law Section:
New York City
Versions Introduced in 2011-2012 Legislative Session:
A6844

S4444 - Bill Texts

view summary

Deems certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city.

view sponsor memo
BILL NUMBER:S4444

TITLE OF BILL:
An act
relating to authorizing the commissioner of buildings of the city of
New York to grant a temporary certificate of occupancy for certain
parcels of real property

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to permit
the commissioner of the department of buildings to issue a temporary
certificate of occupancy to residential condominiums when the
building's owners have partially completed the necessary work to
achieve compliance with city building codes.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1, Subsection vi. of this bill
reads in part: "Such commissioner is hereby authorized ... to issue a
temporary certificate of occupancy for such building where plans
and/or scope of work,was found acceptable by the department of
buildings by January 28, 2010, and where items identified by the
commissioner of buildings are necessary for issuance of a temporary
certificate of occupancy ('partial compliance') have been completed
in accordance with such plans and/or scope of work."

JUSTIFICATION:
In the wake of the housing market boom, the rush to
develop led to a rash of hastily erected residential buildings, many
of which were in violation of city regulations.
These developers, interested only in cashing in on rapidly inflating
property values, especially in gentrifying neighborhoods, undertook
building projects with a clear disregard for future residents and
their right to purchase property in a legally sound and viable
manner. As a result, innocent property owners are left in tenuous
housing situations through no fault of their own.

For example, in 2005, residents of the Spencer Street Condominiums in
Bedford-Stuyvesant, Brooklyn, discovered after purchasing their units
that the building was in violation of city zoning and safety
regulations and thus did not qualify for a certificate of occupancy.
The lack of certificate of occupancy status, without which residents
cannot sell or refinance their units, has left these home buyers in a
troubling legal grey area where they are still forced to maintain
mortgage payments
despite the uncertain future of their property. This is patently
unfair to these residents, who are not at all complicit in the
building owner's violations and had no way of knowing their property
would not be in compliance with legal regulations at the time of
purchase.

This bill would allow for temporary certificate of occupancy status
for these condominiums and others like them in a matter that is fair
to the owners, residents and the Department of Buildings by ensuring
that the required work is being undertaken for the building to come
into compliance with the relevant building code regulations.
Temporary certificate of occupancy status would pave the way for a
permanent certificate of occupancy, an end result that is beneficial
for all parties.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

    S. 4444                                                  A. 6844

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              April 5, 2011
                               ___________

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

IN ASSEMBLY -- Introduced by M. of A. JEFFRIES -- read once and referred
  to the Committee on Governmental Operations

AN ACT relating to authorizing the commissioner of buildings of the city
  of  New York to grant a temporary certificate of occupancy for certain
  parcels of real property

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

  Section  1.  1.  When,  in the city of New York, a building containing
eighteen or more residential units which was constructed and occupied as
a residence prior to the effective date of this act:
  (i) is located in a  zoning  district  in  which  residential  use  is
permitted; and
  (ii) was initially occupied as a residence in accordance with a tempo-
rary  certificate  of occupancy issued by the department of buildings of
the city of New York on or before October 28, 2004; and
  (iii) is owned in accordance with a  plan  for  condominium  ownership
that was declared effective by the office of the attorney general of the
state of New York on or before June 2, 2004; and
  (iv) the attorney general of the state of New York has determined that
the purchasers of residential units in such building acted in good faith
and  in reasonable reliance upon the declaration of effectiveness of the
condominium plan for such building issued by such attorney general; and
  (v) there has been a finding by the commissioner of buildings of  such
city  that  as of January 28, 2010, the department of buildings reviewed
plans and/or a scope of work that had been submitted on  behalf  of  the
owners  of such building to the department of buildings of such city for
the work required to be performed for purposes of  achieving  compliance
with  health  and safety requirements of the 1968 New York city building

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08970-01-1

S. 4444                             2                            A. 6844

code, such plans and/or scope of work has been found acceptable  to  the
department of buildings and that the work set forth in such plans and/or
scope  of  work  is performed in accordance with all applicable building
code requirements; and
  (vi)  the  commissioner  of buildings of such city has determined that
notwithstanding the provisions of paragraph (i) of this  subdivision,  a
certificate of occupancy of any type may not be issued for such building
under existing provisions of law by reason of the failure of such build-
ing  to  comply  with certain provisions of the zoning resolution of the
city of New York, including those governing the maximum allowable  floor
area  for  residential uses and the provisions of required parking, such
commissioner is hereby authorized,  notwithstanding  the  provisions  of
paragraph  (vi) of this subdivision, to issue a temporary certificate of
occupancy for such building where plans and/or a scope of work was found
acceptable by the department of buildings by January 28, 2010, and where
items identified by the commissioner of buildings as necessary for issu-
ance of a temporary certificate of occupancy ("partial compliance") have
been completed in accordance with  such  plans  and/or  scope  of  work;
provided  that  the  chairperson of the city planning commission of such
city determines that: (a) the use and occupancy of such building is  not
incompatible  with  uses and occupancies of buildings located within the
immediate vicinity of such building; (b) the total built floor  area  of
such building does not exceed the total maximum floor area permitted for
any  use  in  the zoning district within which such building is located;
and (c) provision of off street parking spaces under the  zoning  resol-
ution  of  the city of New York is infeasible given the configuration of
the building; and provided, further, that the commissioner of  buildings
of the city of New York determines that partial compliance was completed
within three years of the effective date of this act.
  2.  In the event that the commissioner of buildings of the city of New
York has found that the partial work was completed  in  accordance  with
the  plans and/or scope of work within three years of the effective date
of this act, and all work  set forth in the plans and/or scope  of  work
is  completed  within  five years of the effective date of this act, the
commissioner of buildings is hereby  authorized  to  issue  a  permanent
certificate of occupancy.
  3. Upon issuance and during the period of effectiveness of any certif-
icate  of  occupancy issued pursuant to the provisions of this act, such
building shall be deemed a legal non-complying building for purposes  of
compliance with the provisions of the zoning resolution of such city.
  S 2. This act shall take effect immediately.

S4444A - Bill Details

See Assembly Version of this Bill:
A6844B
Law Section:
New York City
Versions Introduced in 2011-2012 Legislative Session:
A6844

S4444A - Bill Texts

view summary

Deems certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city.

view sponsor memo
BILL NUMBER:S4444A

TITLE OF BILL:
An act
deeming certain parcels of real property
in the city of New York as legally non-complying buildings for purposes
of compliance with the zoning resolution of such city

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to permit the commissioner of the
department of buildings to issue a temporary certificate of occupancy
to residential condominiums when the building's owners have partially
completed the necessary work to achieve compliance with city building
codes.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1, Subsection vi. of this bill reads in part: "Such
commissioner is hereby authorized...to issue a temporary certificate
of occupancy for such building where plans and/or scope of work, was
found acceptable by the department of buildings by January 28, 2010,
and where items identified by the commissioner of buildings are
necessary for issuance of a temporary certificate of occupancy
('partial compliance') have been completed in accordance with such
plans and/or scope of work."

JUSTIFICATION:
In the wake of the housing market boom, the rush to develop led to a
rash of hastily erected residential buildings, many of which were in
violation of city regulations. These developers, interested only in
cashing in on rapidly inflating property values, especially in
gentrifying neighborhoods, undertook building projects with a clear
disregard for future residents and their right to purchase property
in a legally sound and viable manner. As a result, innocent property
owners are left in tenuous housing situations through no fault of
their own.

For example, in 2005, residents of the Spencer Street Condominiums in
Bedford-Stuyvesant, Brooklyn, discovered after purchasing their units
that the building was in violation of city zoning and safety
regulations and thus did not qualify for a certificate of occupancy.
The lack of certificate of occupancy status, without which residents
cannot sell or refinance their units, has left these home buyers in a
troubling legal grey area where they are still forced to maintain
mortgage payments despite the uncertain future of their property.
This is patently unfair to these residents, who are not at all
complicit in the building owner's violations and had no way of
knowing their property would not be in compliance with legal
regulations at the time of purchase.

This bill would allow for temporary certificate of occupancy status
for these condominiums and others like them in a matter that is fair
to the owners, residents and the Department of Buildings by ensuring
that the
required work is being undertaken for the building to come into
compliance with the relevant building code regulations. Temporary
certificate of occupancy status would pave the way for a permanent


certificate of occupancy, an end result that is beneficial for all
parties.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4444--A                                            A. 6844--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              April 5, 2011
                               ___________

IN SENATE -- Introduced by Sen. DILAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

IN ASSEMBLY -- Introduced by M. of A. JEFFRIES -- read once and referred
  to the Committee on Governmental Operations --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT deeming certain parcels of real property in the city of New  York
  as legally non-complying buildings for purposes of compliance with the
  zoning resolution of such city

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

  Section 1. When, in the city of New York, a building containing  eigh-
teen  or  more residential units which was constructed and occupied as a
residence prior to the effective date of this act:
  (i) is located in a  zoning  district  in  which  residential  use  is
permitted,  and  is  designated  as lot no. 7501 in tax block 1763, also
known as 191 Spencer Street, lot no. 7501 in tax block 1763, also  known
as 191 Spencer Street, lot no. 7504 in tax block 1763, also known as 195
Spencer Street, lot no. 7503 in tax block 1763, also known as 197 Spenc-
er  Street,  lot  no.  7505 in tax block 1763, also known as 201 Spencer
Street, in the borough of Kings; and
  (ii) was initially occupied as a residence in accordance with a tempo-
rary certificate of occupancy issued by the department of  buildings  of
the city of New York on or before October 28, 2004; and
  (iii)  is  owned  in  accordance with a plan for condominium ownership
that was declared effective by the office of the attorney general of the
state of New York on or before June 2, 2004; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08970-02-1

S. 4444--A                          2                         A. 6844--A

  (iv) the attorney general of the state of New York has determined that
the purchasers of residential units in such building acted in good faith
and in reasonable reliance upon the declaration of effectiveness of  the
condominium plan for such building issued by such attorney general; and
  (v)  there has been a finding by the commissioner of buildings of such
city that as of January 28, 2010, the department of  buildings  reviewed
plans  and/or  a  scope of work that had been submitted on behalf of the
owners of such building to the department of buildings of such city  for
the  work  required to be performed for purposes of achieving compliance
with health and safety requirements of the 1968 New York  city  building
code,  such  plans and/or scope of work has been found acceptable to the
department of buildings and that the work set forth in such plans and/or
scope of work is performed in accordance with  all  applicable  building
code  requirements,  such building shall be deemed a legal non-complying
building for purposes of compliance with the provisions  of  the  zoning
resolution of such city.
  S 2. This act shall take effect immediately.

S4444B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6844B
Law Section:
New York City
Versions Introduced in 2011-2012 Legislative Session:
A6844

S4444B (ACTIVE) - Bill Texts

view summary

Deems certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city.

view sponsor memo
BILL NUMBER:S4444B

TITLE OF BILL:
An act
deeming certain parcels of real property
in the city of New York as legally non-complying buildings for purposes
of compliance with the zoning resolution of such city

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to permit the commissioner of the
department of buildings to issue a temporary certificate of occupancy
to residential condominiums when the building's owners have partially
completed the necessary work to achieve compliance with city building
codes.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1, Subsection vi. of this bill reads in part: "Such
commissioner is hereby authorized...to issue a temporary certificate
of occupancy for such building where plans and/or scope of work, was
found acceptable by the department of buildings by January 28, 2010,
and where items identified by the commissioner of buildings are
necessary for issuance of a temporary certificate of occupancy
('partial compliance') have been completed in accordance with such
plans and/or scope of work."

JUSTIFICATION:
In the wake of the housing market boom, the rush to develop led to a
rash of hastily erected residential buildings, many of which were in
violation of city regulations. These developers, interested only in
cashing in on rapidly inflating property values, especially in
gentrifying neighborhoods, undertook building projects with a clear
disregard for future residents and their right to purchase property
in a legally sound and viable manner. As a result, innocent property
owners are left in tenuous housing situations through no fault of
their own.

For example, in 2005, residents of the Spencer Street Condominiums in
Bedford-Stuyvesant, Brooklyn, discovered after purchasing their units
that the building was in violation of city zoning and safety
regulations and thus did not qualify for a certificate of occupancy.
The lack of certificate of occupancy status, without which residents
cannot sell or refinance their units, has left these home buyers in a
troubling legal grey area where they are still forced to maintain
mortgage payments despite the uncertain future of their property.
This is patently unfair to these residents, who are not at all
complicit in the building owner's violations and had no way of
knowing their property would not be in compliance with legal
regulations at the time of purchase.

This bill would allow for temporary certificate of occupancy status for
these condominiums and others like them in a matter that is fair to
the owners, residents and the Department of Buildings by ensuring
that the required work is being undertaken for the building to come
into compliance with the relevant building code regulations.
Temporary certificate of occupancy status would pave the way for a


permanent certificate of occupancy, an end result that is beneficial
for all parties.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 4444--B                                            A. 6844--B

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              April 5, 2011
                               ___________

IN SENATE -- Introduced by Sen. DILAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. JEFFRIES -- read once and referred
  to  the  Committee on Governmental Operations -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- reported and referred to the Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to the Committee on Rules

AN  ACT deeming certain parcels of real property in the city of New York
  as legally non-complying buildings for purposes of compliance with the
  zoning resolution of such city

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

  Section  1.  When, in the city of New York a building containing eigh-
teen or more residential units which was constructed and occupied  as  a
residence prior to the effective date of this act:
  (i)  is  located  in  a  zoning  district  in which residential use is
permitted; and
  (ii) was initially occupied as a residence in accordance with a tempo-
rary certificate of occupancy issued by the department of  buildings  of
the city of New York on or before October 28, 2004; and
  (iii)  is  owned  in  accordance with a plan for condominium ownership
that was declared effective by the office of the attorney general on  or
before June 2, 2004; and
  (iv)  the attorney general has determined that the purchasers of resi-
dential units in such building acted in good  faith  and  in  reasonable

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08970-03-1

S. 4444--B                          2                         A. 6844--B

reliance  upon  the declaration of effectiveness of the condominium plan
for such building issued by the attorney general; and
  (v)  there has been a finding by the commissioner of buildings of such
city that as of January 28, 2010, the department of  buildings  reviewed
plans  and/or  a  scope of work that had been submitted on behalf of the
owners of such building to the department of buildings of such city  for
the  work  required to be performed for purposes of achieving compliance
with health and safety requirements of the 1968 New York  city  building
code,  such  plans and/or scope of work has been found acceptable to the
department; and
  (vi) the commissioner of buildings of such city  has  determined  that
notwithstanding  the  provisions  of  subdivision (i) of this section, a
certificate of occupancy of any type may not be issued for such building
under existing provisions of law by reason of the failure of such build-
ing to comply with certain provisions of the zoning  resolution  of  the
city  of New York, including those governing the maximum allowable floor
area for residential uses and the provisions of required parking;
such commissioner is hereby authorized, notwithstanding  the  provisions
of subdivision (vi) of this section, to issue a temporary certificate of
occupancy for such building where plans and/or a scope of work was found
acceptable  by such department by January 28, 2010 and where items iden-
tified by the commissioner of buildings as necessary for issuance  of  a
temporary  certificate of occupancy (hereinafter referred to in this act
as "partial compliance") have been completed  in  accordance  with  such
plans  and/or  scope  of work; provided that the chairperson of the city
planning commission of such city determines that (a) the use  and  occu-
pancy  of such building is not incompatible with uses and occupancies of
buildings located within the immediate vicinity of  such  building;  (b)
the  total  built  floor area of such building does not exceed the total
maximum floor area permitted for a use in  the  zoning  district  within
which  such building is located; and (c) provision of off-street parking
spaces under the zoning resolution of the city of New York is infeasible
given the configuration of the building; and provided, further, that the
commissioner of buildings of  the  city  of  New  York  determines  that
partial  compliance  was  completed  within three years of the effective
date of this act.
  S 2. In the event that the commissioner of buildings of  the  city  of
New  York  has found that partial compliance was completed in accordance
with approved plans within three years of the  effective  date  of  this
act,  and  all work set forth in approved plans is completed within five
years of the effective date of this act, such commissioner of  buildings
is hereby authorized to issue a permanent certificate of occupancy.
  S  3.  Upon  issuance  and  during  the period of effectiveness of any
certificate of occupancy issued pursuant to the provisions of this  act,
such  building  shall  be  deemed  a  legal  non-complying  building for
purposes of compliance with the provisions of the zoning  resolution  of
such city.
  S 4. This act shall take effect immediately.

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