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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Actions

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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 - Details

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

S6190 - Summary

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

S6190 - Sponsor Memo

S6190 - Bill Text download pdf

                    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

Co-Sponsors

S6190A (ACTIVE) - Details

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

S6190A (ACTIVE) - Summary

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

S6190A (ACTIVE) - Sponsor Memo

S6190A (ACTIVE) - Bill 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

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