S T A T E O F N E W Y O R K
________________________________________________________________________
660
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. BRAUNSTEIN, MOSLEY, BENEDETTO, JAFFEE, COLTON,
MONTESANO, KIM -- Multi-Sponsored by -- M. of A. CAMARA, COOK, HIKIND
-- read once and referred to the Committee on Cities
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02162-01-5
A. 660 2
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
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.