S T A T E O F N E W Y O R K
________________________________________________________________________
5023--A
2015-2016 Regular Sessions
I N A S S E M B L Y
February 10, 2015
___________
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
COOK, ROBINSON -- read once and referred to the Committee on Transpor-
tation -- recommitted to the Committee on Transportation in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the New York city charter and the vehicle and traffic
law, in relation to the "open driveway act" regarding the environ-
mental 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03472-03-6
A. 5023--A 2
(3) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "BLOCKING" SHALL
MEAN THE PARKING OR STANDING OF A MOTOR VEHICLE IN A MANNER WHICH
PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.
(4) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO DIMINISH OR EXTIN-
GUISH A PERSON'S RIGHT TO A TRIAL BY JURY IN THE FIRST INSTANCE FOR THE
DETERMINATION OF A CLAIM TO REAL PROPERTY PURSUANT TO THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, THE CIVIL PRACTICE LAW AND RULES, AND ANY
OTHER APPLICABLE LAW.
(5) IF ANY PROVISION OF THIS SUBDIVISION OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE REMAINDER OF THIS SUBDI-
VISION AND SECTION SHALL NOT BE AFFECTED THEREBY.
S 3. Subdivision a of section 1049-a of the New York city charter, as
amended by local law number 38 of the city of New York for the year
2015, is amended to read as follows:
a. There shall be in the office of administrative trials and hearings
an environmental control board consisting of the commissioner of envi-
ronmental protection, the commissioner of sanitation, the commissioner
of buildings, the commissioner of health and mental hygiene, the police
commissioner, the fire commissioner and the chief administrative law
judge of the office of administrative trials and hearings, who shall be
chair, all of whom shall serve on the board without compensation and all
of whom shall have the power to exercise or delegate any of their func-
tions, powers and duties as members of the board, and [six] SEVEN
persons to be appointed by the mayor, with the advice and consent of the
city council, who are not otherwise employed by the city, one to be
possessed of a broad general background and experience in the field of
air pollution control, one with such background and experience in the
field of water pollution control, one with such background and experi-
ence in the field of noise pollution control, one with such background
and experience in the real estate field, one with such background and
experience in the business community, ONE WHO IS AN ATTORNEY WITH SUCH
BACKGROUND AND EXPERIENCE IN REAL PROPERTY LAW, and one member of the
public, and who shall serve for four-year terms. Such members shall be
compensated at a rate that may be specified by the chair and approved by
the mayor. Within the board's appropriation, the chair may appoint an
executive director, subject to the approval of the board, and such hear-
ing officers, including non-salaried hearing officers, and other employ-
ees as the chair may from time to time find necessary for the proper
performance of the board's duties. The board shall be convened by the
chairperson or in his or her absence a deputy commissioner of the office
of administrative trials and hearings or at the request of any three
members thereof. Five members of the board, at least two of whom shall
not be city officials, shall constitute a quorum.
S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 16 to read as follows:
16. (A) IN THE CITY OF NEW YORK, TO ISSUE A NOTICE OF VIOLATION WHEN-
EVER THE BLOCKING OF A DRIVEWAY HAS OCCURRED, WHERE THE OWNERSHIP AND
USE OF SUCH DRIVEWAY IS SHARED BY ADJOINING PROPERTY OWNERS; PROVIDED,
HOWEVER, THAT SUCH VIOLATIONS SHALL BE HEARD AND DETERMINED BY THE ENVI-
RONMENTAL CONTROL BOARD PURSUANT TO SUBDIVISION D OF SECTION ONE THOU-
SAND FORTY-NINE-A OF THE NEW YORK CITY CHARTER.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "BLOCKING" SHALL
MEAN THE PARKING OR STANDING OF A MOTOR VEHICLE IN A MANNER WHICH
PROHIBITS THE INGRESS OR EGRESS OF OTHER VEHICLES AUTHORIZED TO USE SUCH
DRIVEWAY.
A. 5023--A 3
S 5. This act shall take effect on the ninetieth day after it shall
have become a law, and shall expire July 1, 2025 when upon such date the
provisions of this act shall be deemed repealed; provided, however, that
the environmental control board and the parking violations bureau in the
city of New York shall promulgate rules and regulations necessary to
effectuate the provisions of this act prior to such effective date.