Assembly Bill A10557

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

                                  10557

                          I N  A S S E M B L Y

                              June 5, 2012
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Meng) --
  read once and referred to the Committee on Cities

AN ACT to amend the charter of the city of  New  York,  in  relation  to
  requiring  the  board of standards and appeals to submit its decisions
  for review by the affected city council; and to amend the  administra-
  tive  code  of the city of New York, in relation to extending the time
  in which to petition the court for a review of a decision of the board
  of standards and appeals

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

  Section  1.  Subdivisions  c, d and e of section 668 of the charter of
the city of New York, as amended by a vote of the people of the city  of
New  York  at the general election held in November of 1989, are amended
to read as follows:
  c. Copies of a decision of the board  of  standards  and  appeals  and
copies  of any recommendation of the affected community board or borough
board shall be filed with the city planning commission.  Copies  of  the
decision  shall  also  be  filed  with the affected community or borough
boards, THE BOROUGH PRESIDENT, ALL COUNCIL MEMBERS AND  THE  SPEAKER  OF
THE CITY COUNCIL.
  d.    THE CITY COUNCIL OF THE AFFECTED COMMUNITY OR BOROUGH SHALL HAVE
THE AUTHORITY TO ACCEPT OR OVER-RIDE THE DECISION OF THE BOARD OF STAND-
ARDS AND APPEALS.  THE CITY COUNCIL SHALL DETERMINE, WITHIN THIRTY  DAYS
OF THE DATE OF THE DECISION OF THE BOARD OF STANDARDS AND APPEALS, IF IT
WISHES  TO REVIEW THE DECISION OF THE BOARD OF STANDARDS AND APPEALS. IF
THE CITY COUNCIL ELECTS TO REVIEW THE DECISION, IT SHALL  COMPLETE  SUCH
REVIEW  WITHIN  NINETY  DAYS OF THE DATE OF THE DECISION OF THE BOARD OF
STANDARDS AND APPEALS. THE CITY COUNCIL SHALL NOTIFY THE BOARD OF STAND-
ARDS AND APPEALS, THE CITY PLANNING OFFICE AND ALL AFFECTED  PARTIES  OF
ITS DECISION WITHIN THE NINETY DAY REVIEW PERIOD.
  E. Any decision of the board of standards and appeals pursuant to this
section may be reviewed as provided by law.
  [e.]  F. The city planning commission shall be a party to any proceed-
ing to determine and vary the application of the zoning resolution.  The

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

                                                           LBD16002-01-2

A. 10557                            2

commission  may  appear and be heard on any application pursuant to this
section before the board of standards and appeals if, in the judgment of
the city planning commission, the granting of relief requested  in  such
application  would  violate  the  requirements  of the zoning resolution
relating to the granting of variances. The commission shall have  stand-
ing  to  challenge  the granting or denial of a variance in a proceeding
brought pursuant to article seventy-eight of the civil practice law  and
rules, or in any similar proceeding.
  S 2. Subdivisions a and b of section 25-207 of the administrative code
of the city of New York, subdivision a as amended by local law number 49
of  the  city  of  New  York  for  the year 1991, are amended to read as
follows:
  a. Petition. Any person or persons, jointly or severally aggrieved  by
any  decision  of  the board may present to the supreme court a petition
duly verified, setting forth that such decision is illegal, in whole  or
in part, specifying the grounds of the illegality. Such petition must be
presented  to a justice of the supreme court or at a special term of the
supreme court within [thirty] ONE HUNDRED TWENTY days after  the  filing
of the decision in the office of the board.
  b.  Order  of  certiorari. Upon the presentation of such petition, the
justice or court may allow an order of certiorari directed to the  board
to  review  such  decision  and  shall prescribe therein the time within
which a return thereto must be made and served upon the relator's attor-
ney, which shall not be less than ten days and may be  extended  by  the
court  or a justice thereof. Such order shall be returnable at a special
term of the supreme court of the judicial district in which the property
affected, or a portion thereof, is situated. The allowance of the  order
shall  [not]  stay proceedings upon the decision appealed from[, but the
court may on application, on notice to the board and on due cause shown,
grant a restraining order] FOR A PERIOD NOT TO EXCEED ONE HUNDRED TWENTY
DAYS.
  S 3.  This act shall take effect on the thirtieth day after  it  shall
have become a law.