senate Bill S690A

2011-2012 Legislative Session

Authorizes the environmental control board to adjudicate disputes between adjoining real property owners over the blocking of a driveway in the city of New York

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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
Feb 10, 2012 print number 690a
amend and recommit to cities
Jan 04, 2012 referred to cities
Jan 05, 2011 referred to cities

Bill Amendments

Original
A (Active)
Original
A (Active)

S690 - Details

Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §1049-a, NYC Chart; amd §237, V & T L; amd §24-346, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S5513, S6213B

S690 - Summary

Authorizes the environmental control board to adjudicate disputes between adjoining real property owners over the blocking of a driveway, the ownership or use of which is shared by such adjoining owners in the city of New York; further appoints another hearing officer to the board who shall be an attorney; defines the term "blocking".

S690 - Sponsor Memo

S690 - Bill Text download pdf

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

                                   690

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- 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, the vehicle and  traffic  law
  and  the  administrative  code of the city of New York, in relation to
  the "open driveway act"  regarding  the  environmental  control  board
  adjudication  of  disputes  concerning the blocking of a driveway; 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.  This  act  shall  be  known and may be cited as the "open
driveway act".
  S 2. Section 1049-a of the New York city charter is amended by  adding
a new subdivision c-1 to read as follows:
  C-1.  (1)  THE ENVIRONMENTAL CONTROL BOARD SHALL ADOPT RULES AND REGU-
LATIONS TO ADJUDICATE DISPUTES ARISING BETWEEN ADJOINING PROPERTY OWNERS
WHO HAVE OWNERSHIP IN AND USE A SHARED  DRIVEWAY,  WHERE  SUCH  DISPUTES
ARISE  FROM  THE  BLOCKING  OF SUCH DRIVEWAY. SUCH RULES AND REGULATIONS
SHALL PROVIDE, AMONG OTHER THINGS, THAT THE BOARD:
  (A) PROVIDE PROPER NOTICE TO PERSONS WHOSE INTEREST IN  REAL  PROPERTY
ARE AFFECTED BY THE ADJUDICATION;
  (B)  RENDER  A DECISION THAT INCLUDES A DETERMINATION OF THE RIGHTS OF
THE PARTIES CONCERNING THE PROPERTY; AND
  (C) IMPOSE PENALTIES IN ACCORDANCE WITH A SCHEDULE OF MONETARY  FINES,
WHENEVER A BLOCKING OF A DRIVEWAY IS DETERMINED TO HAVE OCCURRED.  MONE-
TARY FINES SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS.
  (2)  FOR  PURPOSES  OF  ADJUDICATING  THESE  DISPUTES, THE BOARD SHALL
APPOINT A HEARING OFFICER WHO SHALL BE AN ATTORNEY WITH A BACKGROUND AND
EXPERIENCE IN REAL PROPERTY LAW.
  (3) FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM  "BLOCKING"  SHALL
MEAN  THE  PARKING  OR  STANDING  OF  A  MOTOR VEHICLE IN A MANNER WHICH

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

S690A (ACTIVE) - Details

Current Committee:
Law Section:
New York City Charter
Laws Affected:
Amd §1049-a, NYC Chart; amd §237, V & T L; amd §24-346, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S5513, S6213B

S690A (ACTIVE) - Summary

Authorizes the environmental control board to adjudicate disputes between adjoining real property owners over the blocking of a driveway, the ownership or use of which is shared by such adjoining owners in the city of New York; further appoints another hearing officer to the board who shall be an attorney; defines the term "blocking".

S690A (ACTIVE) - Sponsor Memo

S690A (ACTIVE) - Bill Text download pdf

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

                                 690--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities --  recommitted  to
  the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the New York city charter, the vehicle and traffic law
  and the administrative code of the city of New York,  in  relation  to
  the  "open  driveway  act"  regarding  the environmental control board
  adjudication of disputes concerning the blocking of  a  driveway;  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. This act shall be known and  may  be  cited  as  the  "open
driveway act".
  S  2. Section 1049-a of the New York city charter is amended by adding
a new subdivision c-1 to read as follows:
  C-1. (1) THE ENVIRONMENTAL CONTROL BOARD SHALL ADOPT RULES  AND  REGU-
LATIONS TO ADJUDICATE DISPUTES ARISING BETWEEN ADJOINING PROPERTY OWNERS
WHO  HAVE  OWNERSHIP  IN  AND USE A SHARED DRIVEWAY, WHERE SUCH DISPUTES
ARISE FROM THE BLOCKING OF SUCH DRIVEWAY.  SUCH  RULES  AND  REGULATIONS
SHALL PROVIDE, AMONG OTHER THINGS, THAT THE BOARD:
  (A)  PROVIDE  PROPER NOTICE TO PERSONS WHOSE INTEREST IN REAL PROPERTY
ARE AFFECTED BY THE ADJUDICATION;
  (B) RENDER A DECISION THAT INCLUDES A DETERMINATION OF THE  RIGHTS  OF
THE PARTIES CONCERNING THE PROPERTY; AND
  (C)  IMPOSE PENALTIES IN ACCORDANCE WITH A SCHEDULE OF MONETARY FINES,
WHENEVER A BLOCKING OF A DRIVEWAY IS DETERMINED TO HAVE OCCURRED.  MONE-
TARY FINES SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02683-05-2

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