senate Bill S6190A

2013-2014 Legislative Session

Requires the department of buildings to maintain a registry of all deeds containing restrictive covenants

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 09, 2014 print number 6190a
amend and recommit to housing, construction and community development
Jan 08, 2014 referred to housing, construction and community development

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6190 - Bill Details

See Assembly Version of this Bill:
A8615A
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Add §27-106, NYC Ad Cd

S6190 - Bill Texts

view summary

Requires the department of buildings to maintain a registry of all deeds containing restrictive covenants.

view sponsor memo
BILL NUMBER:S6190

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to the filing of deeds containing restrictive
covenants

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to allow
homeowners and homeowner/neighborhood associations whose properties
are subject to restrictive covenants or other types of deed
restrictions, to register such deeds with the Department of Buildings.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the administrative code by adding a new
section 27-106 to create a registry of deeds with restrictive
covenants that are filed with the Department of Buildings. Section a
of the bill allows such deeds to be filed by any homeowner or
homeowner association, as well as by or on behalf of a neighborhood or
civic association whose area of geographic concern as set forth in its
organizing document encompasses the property that is subject to the
deed restriction. Section b of the bill requires the Department of
Buildings to search the registry of deeds prior to the issuance of any
permit to determine whether issuance of the permit would violate any
terms of the deed restriction. If the permit would violate the deed
restriction then the Department of Buildings would be mandated to
refuse to issue the permit unless ordered to do so by a court. The
bill also prevents a homeowner or homeowner association or a
neighborhood or civic association that does not file a restrictive
covenant from collecting damages against the Department of Buildings
for failure to enforce those restrictions.

Section 2 of the bill sets forth an immediate effective date.

JUSTIFICATION: This bill will allow a homeowner or homeowner
association, as well as a neighborhood or civic association whose area
of geographic concern as set forth in its organizing document
encompasses the property that is subject to the deed restriction to
file such restrictions with the Department of Buildings. In turn, the
Department of Buildings would be required to review the deed registry
prior to issuing any permits to ensure that such permits would not
violate the terms of any filed restriction.

Many residential communities in the city of New York were designed
with a specific housing stock in mind. Community planners sought to
create residential neighborhoods with a particular sense of community
and lifestyle. Restrictive covenants were used to ensure that future
development would conform to the existing character of the
neighborhood.

Unfortunately, over time many of these residential communities have
been slowly transformed into more urban and overtly commercial areas.
The practice of either ignoring or refusing to acknowledge the
existence of restrictive covenants has led to serious deterioration in
the quality of life for many of these communities. Therefore, it is
incumbent on the Department of Buildings to take steps to preserve
communities that are covered by restrictive covenants so that the


character of these planned communities is not lost to future
generations.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To Be Determined.

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
________________________________________________________________________

                                  6190

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- 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  administrative code of the city of New York, in
  relation to the filing of deeds containing restrictive covenants

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

  Section  1. The administrative code of the city of New York is amended
by adding a new section 27-106 to read as follows:
  S 27-106 REGISTRY OF DEEDS WITH RESTRICTIVE COVENANTS. (A) THE DEPART-
MENT SHALL MAINTAIN A  REGISTRY  OF  ALL  DEEDS  CONTAINING  RESTRICTIVE
CONVENTS  THAT  ARE FILED WITH THE DEPARTMENT. ANY SUCH FILING SHALL NOT
BE DEEMED AS  ACCEPTABLE  IN  LIEU  OF  ANY  OTHER  FILING  REQUIREMENTS
MANDATED  OR  PERMITTED  UNDER ANY OTHER PROVISION OF LAW, RULE OR REGU-
LATION. A DEED CONTAINING ONE OR MORE RESTRICTIVE COVENANTS MAY BE FILED
WITH THE DEPARTMENT FOR INCLUSION IN THIS REGISTRY BY ANY OWNER OR HOME-
OWNER ASSOCIATION WHOSE PROPERTY IS SUBJECT TO  A  RESTRICTIVE  COVENANT
AND/OR  BY  OR  ON BEHALF OF A NEIGHBORHOOD ASSOCIATION OR CIVIC ASSOCI-
ATION WHOSE AREA OF GEOGRAPHIC CONCERN, AS SET FORTH IN ITS  CERTIFICATE
OF  INCORPORATION, CHARTER OR OTHER RELEVANT ORGANIZING DOCUMENT, ENCOM-
PASSES THE PROPERTY THAT IS THE SUBJECT OF  SUCH  RESTRICTIVE  COVENANT.
THE  FILING  SHALL  BE ACCOMPANIED BY A NOTARIZED REGISTRATION STATEMENT
ACKNOWLEDGING THE AUTHENTICITY OF SUCH DEED. THIS REGISTRY SHALL BE MADE
AVAILABLE TO THE PUBLIC DURING REGULAR BUSINESS HOURS.
  (B) PRIOR TO THE ISSUANCE OF ANY PERMIT, EMPLOYEES OF  THE  DEPARTMENT
SHALL  SEARCH  THE  REGISTRY CREATED PURSUANT TO SUBDIVISION (A) OF THIS
SECTION FOR THE PURPOSE OF DETERMINING WHETHER ANY DEED LISTED  IN  THIS
REGISTRY CONTAINS ANY RESTRICTIVE COVENANT THAT WOULD BE VIOLATED BY THE
ISSUANCE  OF  THE  REQUESTED PERMIT OR THE COMPLETION OF THE PROJECT FOR
WHICH SUCH PERMIT IS SOUGHT. IF A  VIOLATION  OF  ANY  SUCH  RESTRICTIVE
COVENANT  WOULD  OCCUR,  THEN THE DEPARTMENT SHALL NOT ISSUE SUCH PERMIT
EXCEPT AS AUTHORIZED BY ORDER OF A COURT OF COMPETENT JURISDICTION.  ANY
OWNER  OR  HOMEOWNER  ASSOCIATION  WHOSE PROPERTY IS THE SUBJECT OF SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11962-01-3

S. 6190                             2

RESTRICTIVE COVENANT, OR ANY NEIGHBORHOOD ASSOCIATION OR  CIVIC  ASSOCI-
ATION WHOSE AREA OF CONCERN ENCOMPASSES THE PROPERTY THAT IS THE SUBJECT
OF  SUCH  RESTRICTIVE  COVENANT, SHALL BE BARRED FROM COLLECTING DAMAGES
AGAINST  THE  CITY FOR THE FAILURE TO ENFORCE THE RESTRICTIONS CONTAINED
IN SUCH RESTRICTIVE COVENANT IF SUCH RESTRICTIVE COVENANT HAS  NOT  BEEN
FILED  WITH  THE  DEPARTMENT.  THE DEPARTMENT SHALL PROMULGATE ANY ADDI-
TIONAL RULES FOR THE IMPLEMENTATION OF THIS SECTION.
  S 2. This act shall take effect immediately.

Co-Sponsors

S6190A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8615A
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Add §27-106, NYC Ad Cd

S6190A (ACTIVE) - Bill Texts

view summary

Requires the department of buildings to maintain a registry of all deeds containing restrictive covenants.

view sponsor memo
BILL NUMBER:S6190A

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to the filing of deeds containing restrictive
covenants

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to allow homeowners and
homeowner/neighborhood associations whose properties are subject to
restrictive covenants or other types of deed restrictions, to register
such deeds with the Department of Buildings.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the administrative code by adding a new
section 27-106 to create a registry of deeds with restrictive
covenants that are filed with the Department of Buildings. Section a
of the bill allows such deeds to be filed by any homeowner or
homeowner association, as well as by or on behalf of a neighborhood or
civic association whose area of geographic concern as set forth in its
organizing document encompasses the property that is subject to the
deed restriction. Section b of the bill requires the Department of
Buildings to search the registry of deeds prior to the issuance of any
permit to determine whether issuance of the permit would violate any
terms of the deed restriction. If the permit would violate the deed
restriction then the Department of Buildings would be mandated to
refuse to issue the permit unless ordered to do so by a court. The
bill also prevents a homeowner or homeowner association or a
neighborhood or civic association that does not file a restrictive
covenant from collecting damages against the Department of Buildings
for failure to enforce those restrictions. Finally the bill makes
explicit that this section does not limit or reduce the rights of
owners or homeowner associations to engage in legal action to enforce
such covenants.

Section 2 of the bill sets forth an immediate effective date.

JUSTIFICATION:.

This bill will allow a homeowner or homeowner association, as well as
a neighborhood or civic association whose area of geographic concern
as set forth in its organizing document encompasses the property that
is subject to the deed restriction to file such restrictions with the
Department of Buildings. In turn, the Department of Buildings would be
required to review the deed registry prior to issuing any permits to
ensure that such permits would not violate the terms of any filed
restriction.

Many residential communities in the city of New York were designed
with a specific housing stock in mind. Community planners sought to
create residential neighborhoods with a particular sense of community
and lifestyle. Restrictive covenants were used to ensure that future
development would conform to the existing character of the
neighborhood.


Unfortunately, over time many of these residential communities have
been slowly transformed into more urban and overtly commercial areas.
The practice of either ignoring or refusing to acknowledge the
existence of restrictive covenants has led to serious deterioration in
the quality of life for many of these communities. Therefore, it is
incumbent on the Department of Buildings to take steps to preserve
communities that are covered by restrictive covenants so that the
character of these planned communities is not lost to future
generations.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

To Be Determined.

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
________________________________________________________________________

                                 6190--A

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced by Sens. AVELLA, SMITH -- read twice and ordered printed, and
  when printed to be committed to the Committee on Housing, Construction
  and  Community  Development  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to the filing of deeds containing restrictive covenants

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

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 27-106 to read as follows:
  S 27-106 REGISTRY OF DEEDS WITH RESTRICTIVE COVENANTS. (A) THE DEPART-
MENT  SHALL  MAINTAIN  A  REGISTRY  OF  ALL DEEDS CONTAINING RESTRICTIVE
CONVENTS THAT ARE FILED WITH THE DEPARTMENT. ANY SUCH FILING  SHALL  NOT
BE  DEEMED  AS  ACCEPTABLE  IN  LIEU  OF  ANY  OTHER FILING REQUIREMENTS
MANDATED OR PERMITTED UNDER ANY OTHER PROVISION OF LAW,  RULE  OR  REGU-
LATION. A DEED CONTAINING ONE OR MORE RESTRICTIVE COVENANTS MAY BE FILED
WITH THE DEPARTMENT FOR INCLUSION IN THIS REGISTRY BY ANY OWNER OR HOME-
OWNER  ASSOCIATION  WHOSE  PROPERTY IS SUBJECT TO A RESTRICTIVE COVENANT
AND/OR BY OR ON BEHALF OF A NEIGHBORHOOD ASSOCIATION  OR  CIVIC  ASSOCI-
ATION  WHOSE AREA OF GEOGRAPHIC CONCERN, AS SET FORTH IN ITS CERTIFICATE
OF INCORPORATION, CHARTER OR OTHER RELEVANT ORGANIZING DOCUMENT,  ENCOM-
PASSES  THE  PROPERTY  THAT IS THE SUBJECT OF SUCH RESTRICTIVE COVENANT.
THE FILING SHALL BE ACCOMPANIED BY A  NOTARIZED  REGISTRATION  STATEMENT
ACKNOWLEDGING THE AUTHENTICITY OF SUCH DEED. THIS REGISTRY SHALL BE MADE
AVAILABLE TO THE PUBLIC DURING REGULAR BUSINESS HOURS.
  (B)  PRIOR  TO THE ISSUANCE OF ANY PERMIT, EMPLOYEES OF THE DEPARTMENT
SHALL SEARCH THE REGISTRY CREATED PURSUANT TO SUBDIVISION  (A)  OF  THIS
SECTION  FOR  THE PURPOSE OF DETERMINING WHETHER ANY DEED LISTED IN THIS
REGISTRY CONTAINS ANY RESTRICTIVE COVENANT THAT WOULD BE VIOLATED BY THE
ISSUANCE OF THE REQUESTED PERMIT OR THE COMPLETION OF  THE  PROJECT  FOR
WHICH  SUCH  PERMIT  IS  SOUGHT.  IF A VIOLATION OF ANY SUCH RESTRICTIVE
COVENANT WOULD OCCUR, THEN THE DEPARTMENT SHALL NOT  ISSUE  SUCH  PERMIT
EXCEPT  AS AUTHORIZED BY ORDER OF A COURT OF COMPETENT JURISDICTION. ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11962-02-4

S. 6190--A                          2

OWNER OR HOMEOWNER ASSOCIATION WHOSE PROPERTY IS  THE  SUBJECT  OF  SUCH
RESTRICTIVE  COVENANT,  OR ANY NEIGHBORHOOD ASSOCIATION OR CIVIC ASSOCI-
ATION WHOSE AREA OF CONCERN ENCOMPASSES THE PROPERTY THAT IS THE SUBJECT
OF  SUCH  RESTRICTIVE  COVENANT, SHALL BE BARRED FROM COLLECTING DAMAGES
AGAINST THE CITY FOR THE FAILURE TO ENFORCE THE  RESTRICTIONS  CONTAINED
IN  SUCH  RESTRICTIVE COVENANT IF SUCH RESTRICTIVE COVENANT HAS NOT BEEN
FILED WITH THE DEPARTMENT. THE DEPARTMENT  SHALL  PROMULGATE  ANY  ADDI-
TIONAL RULES FOR THE IMPLEMENTATION OF THIS SECTION.
  (C)  NOTHING  IN  THIS SECTION SHALL BE INTERPRETED TO LIMIT OR REDUCE
THE RIGHTS OF ANY OWNER OR HOMEOWNER ASSOCIATION WHOSE AREA OF GEOGRAPH-
IC CONCERN ENCOMPASSES THE PROPERTY THAT IS SUBJECT OF SUCH  RESTRICTIVE
COVENANT  OR  COVENANTS TO INITIATE AND MAINTAIN LEGAL ACTION TO ENFORCE
ANY SUCH COVENANT OR COVENANTS.
  S 2. This act shall take effect immediately.

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