senate Bill S5484

2011-2012 Legislative Session

Grants the commissioner of buildings of New York City the power to waive provisions of the multiple dwelling law with regard to construction or alteration of multiple dwellings

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 06, 2012 advanced to third reading
Jun 05, 2012 2nd report cal.
Jun 04, 2012 1st report cal.987
Jan 04, 2012 referred to housing, construction and community development
returned to senate
died in assembly
Jun 22, 2011 referred to housing
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1033
May 25, 2011 referred to housing, construction and community development

Votes

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Jun 4, 2012 - Housing, Construction and Community Development committee Vote

S5484
7
1
committee
7
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Jun 4, 2012

nay (1)

Jun 7, 2011 - Housing, Construction and Community Development committee Vote

S5484
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Jun 7, 2011

aye wr (1)

S5484 - Bill Details

Current Committee:
Senate Rules
Law Section:
Multiple Dwelling Law
Laws Affected:
Add ยง15, Mult Dwell L

S5484 - Bill Texts

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Grants the commissioner of buildings of New York City the power to waive provisions of the multiple dwelling law with regard to construction or alteration of multiple dwellings.

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BILL NUMBER:S5484

TITLE OF BILL:
An act
to amend
the multiple dwelling law, in relation to granting the commissioner of
buildings of the city of New York the power to waive provisions of the
multiple dwelling law with regard to the construction or alteration of
multiple dwellings in such city

SUMMARY OF PROVISIONS:
This proposed legislation would authorize the
Commissioner of Buildings of the City of New York to vary or modify a
provision or requirement of the multiple dwelling law in its
application to the construction or alteration of multiple dwellings
in New York City, where strict compliance with such law would cause
practical difficulties or unnecessary hardships.

REASONS FOR SUPPORT:
The Commissioner of Buildings already may waive
provisions of the Building Code pursuant to section 645 of the New
York City Charter. This act would extend the Commissioner's waiver to
the Multiple Dwelling Law (MDL), in order to address unique
circumstances in the construction or alteration of buildings in New
York City and that may cause practical difficulties in complying with
provisions of the MDL.

Currently, only the Board of Standards and Appeals may issue variances
of the multiple dwelling law in New York City. Nothing in this
proposed legislation would affect this power of the Board of
Standards and Appeals. This act would simply allow the agency to
which an application is made to vary provisions of a law it is
already authorized to enforce, thus streamlining the approval of
permit applications.

This legislation will encourage safety-enhancing alterations in the
thousands of New York City buildings constructed under the precursor
to the MDL, the State Tenement Law of 1901 or 1929, or the building
Codes of 1938. These are mostly wood-framed, non-fireproof buildings.
The MDL has, in many cases, proven so prescriptive as to deter even
simple alterations that would make these buildings safer. As a
result, building owners allow the buildings to deteriorate, and
tenants suffer the consequences.

For example, a five-story tenement building in Manhattan may have
wooden stairs, doors that open directly into the stairway, and
inadequate egress - taken together, a substantial safety risk.
For an owner to upgrade or improve any of these individual features,
the entire building may need to brought up to a standard under the
MDL that is, as a practical matter, impossible, because of the
physical layout of the building. Faced with a choice of a gut
renovation or doing nothing, an owner might reasonably choose the
latter course. If, however, the Buildings Department could grant a
waiver of the MDL, improvements could be made that would
substantially increase the safety of the building. Wooden stairs
could be replaced with metal stairs, sprinklers could be installed


and doors could be adjusted - even if the stairs don't meet the
required width called for under the MDL.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

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

                                  5484

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 multiple dwelling law, in relation to granting the
  commissioner of buildings of the city of New York the power  to  waive
  provisions   of   the   multiple  dwelling  law  with  regard  to  the
  construction or alteration of multiple dwellings in such city

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

  Section  1.    The  multiple  dwelling  law is amended by adding a new
section 15 to read as follows:
  S 15. VARIATIONS. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  THIS
CHAPTER, FOR MULTIPLE DWELLINGS ERECTED, TO BE ERECTED OR ALTERED IN ANY
CITY WITH A POPULATION OF ONE MILLION OR MORE, WHERE COMPLIANCE WITH THE
STRICT  LETTER  OF THIS CHAPTER CAUSES ANY PRACTICAL DIFFICULTIES OR ANY
UNNECESSARY HARDSHIPS, THE COMMISSIONER OF BUILDINGS OF SUCH CITY  SHALL
HAVE THE POWER, PROVIDED THE SPIRIT AND INTENT OF THIS CHAPTER ARE MAIN-
TAINED  AND  PUBLIC HEALTH, SAFETY AND WELFARE ARE PRESERVED, TO VARY OR
MODIFY ANY PROVISION OR REQUIREMENT OF THIS CHAPTER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11752-01-1

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