NY State Senate Bill 2019-S5784

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to cities
May 14, 2019	referred to cities

co-Sponsors

2019-S5784 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §28-103.33, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3586
2023-2024: S1304
2025-2026: S6847

2019-S5784 (ACTIVE) - Summary

Relates to enacting the "adjacent neighbors' bill of rights"; requires the department of buildings to develop a pamphlet known as the "adjacent neighbors' bill of rights" advising homeowners who are adjacent to a property under development or construction of their rights and available resources and post such pamphlet on the department's internet website.

2019-S5784 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5784

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to enacting the "adjacent neighbors' bill of
rights"

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to enacting the adjacent neighbors' bill of rights

 
SUMMARY OF PROVISIONS: The administrative code of the city of New York
is amended adding a new section 28-103.

 
JUSTIFICATION:

There have been an increasing number of reports from homeowners in New
York City whose properties are being damaged by adjacent or nearby
construction and development. The majority of these reports involve
either underpinning of party walls in attached buildings or nearby exca-

vation that has destabilized foundations. Few, if any, of these homeown-
ers are aware that they have rights in these matters, let alone how to
proceed legally or who to contact in cases of emergency. Many of those
affected are senior citizens who may lack resources to hire the attor-
neys and engineers required to address the problems.

This measure directs the New York State Department of Buildings to
develop a pamphlet known as the "Adjacent Neighbors Bill of Rights
"advising homeowners who are adjacent to a property under development or
construction of their rights and available resources, and to post it on
the Department's website and such pamphlet to also be mailed by develop-
ers to all homeowners who are adjacent to any property.  The Department
will be required to provide copies to all state and local elected offi-
cials, community boards and other organization deemed necessary by the
Commissioner.

Amongst other things, the Adjacent Neighbors Bill of Rights will
include:

- guidelines for identifying and contacting competent constructions
attorneys and structural engineers to represent adjacent homeowners and
the services they provide

- an advisory of the right of homeowners to review plans to the Depart-
ment submitted by developers

- an advisory of a homeowner's right to a pre-construction survey, at
the developer's expense, when a developer plans to perform under pinning
or excavation or encroachments on such homeowner's property

- an advisory on when a developer is required to negotiate a license or
party wall agreement with a homeowner and that such homeowner should
seek representation from a construction attorney

- an advisory of a homeowner's right to compel a developer through a
party wall or license agreement to take protective measures involving
the party wall


- an advisory of a homeowner's right to limit permissible hours during
which a developer may perform work

- an advisory of a developer's obligation under law to homeowners for
damages to their property due to the developer's excavations or under-
pinning

- contact information and other resources within the department related
to excavation, underpinning, development plans and permits available to
homeowners

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S5784 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5784
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to enacting the "adjacent neighbors' bill of rights"
 
   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  "adjacent
 neighbors' bill of rights".
   §  2.  The  administrative  code of the city of New York is amended by
 adding a new section 28-103.33 to read as follows:
   § 28-103.33 ADJACENT NEIGHBORS' BILL OF RIGHTS.  1.  THE  COMMISSIONER
 SHALL  DEVELOP  A  PAMPHLET  KNOWN  AS  THE "ADJACENT NEIGHBORS' BILL OF
 RIGHTS" ADVISING HOMEOWNERS WHO ARE ADJACENT TO A PROPERTY UNDER  DEVEL-
 OPMENT  OR CONSTRUCTION OF THEIR RIGHTS AND AVAILABLE RESOURCES AND POST
 SUCH PAMPHLET ON THE DEPARTMENT'S INTERNET WEBSITE.  SUCH PAMPHLET SHALL
 ALSO BE MAILED BY DEVELOPERS TO ALL HOMEOWNERS WHO ARE ADJACENT  TO  ANY
 PROPERTY  THEY ARE DEVELOPING OR CONSTRUCTING WHEN SUCH DEVELOPERS APPLY
 FOR A PERMIT FOR SUCH DEVELOPMENT  OR  CONSTRUCTION.    COPIES  OF  SUCH
 PAMPHLET  SHALL  BE  PROVIDED  TO ALL STATE AND LOCAL ELECTED OFFICIALS,
 COMMUNITY BOARDS, AND ANY OTHER ORGANIZATIONS DEEMED  NECESSARY  BY  THE
 COMMISSIONER.
   2.  THE  PAMPHLET DEVELOPED PURSUANT TO THIS SECTION SHALL INCLUDE THE
 FOLLOWING, ALONG WITH OTHER INFORMATION ADDED AT THE DISCRETION  OF  THE
 COMMISSIONER,  NOT OTHERWISE INCONSISTENT WITH THE INFORMATION SET FORTH
 IN THE PAMPHLET:
   A. GUIDELINES FOR IDENTIFYING AND  CONTACTING  COMPETENT  CONSTRUCTION
 ATTORNEYS  AND  STRUCTURAL  ENGINEERS TO REPRESENT AN ADJACENT HOMEOWNER
 BEFORE DEVELOPERS AND THEIR REPRESENTATIVES AND THE SERVICES SUCH ATTOR-
 NEYS AND ENGINEERS SHOULD PROVIDE TO SUCH HOMEOWNER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10316-03-9

 S. 5784                             2
 
   B. AN ADVISORY ON  THE  AVAILABILITY  OF  HOMEOWNERS'  NIGHTS  AT  THE
 DEPARTMENT  TO  REVIEW  PLANS SUBMITTED BY DEVELOPERS AND FURTHER ADVISE
 HOMEOWNERS OF THEIR RIGHTS;
   C. AN ADVISORY OF A HOMEOWNER'S RIGHT TO A PRE-CONSTRUCTION SURVEY, AT
 THE  DEVELOPER'S EXPENSE, WHEN A DEVELOPER PLANS TO PERFORM UNDERPINNING
 OR EXCAVATION OR ENCROACHMENTS ON SUCH HOMEOWNER'S PROPERTY;
   D. AN ADVISORY ON WHEN A DEVELOPER IS REQUIRED TO NEGOTIATE A  LICENSE
 OR  PARTY  WALL  AGREEMENT  WITH  THE  HOMEOWNER AND THAT SUCH HOMEOWNER
 SHOULD SEEK REPRESENTATION FROM A CONSTRUCTION ATTORNEY;
   E. AN ADVISORY OF A HOMEOWNER'S RIGHT TO COMPEL A DEVELOPER THROUGH  A
 PARTY  WALL  OR  LICENSE AGREEMENT TO TAKE PROTECTIVE MEASURES INVOLVING
 THE PARTY WALL, INCLUDING BUT NOT LIMITED TO, THE INSTALLATION OF  CRACK
 GAUGES AND VIBRATION MONITORS;
   F.  AN  ADVISORY  OF  A  HOMEOWNER'S  RIGHT TO LIMIT PERMISSIBLE HOURS
 DURING WHICH A DEVELOPER MAY PERFORM WORK UNDER A PARTY WALL OR  LICENSE
 AGREEMENT;
   G.  AN  ADVISORY  OF A DEVELOPER'S OBLIGATIONS UNDER THE NEW YORK CITY
 BUILDING CODE AND OTHER PROVISIONS OF LAW, RULES  OR  REGULATIONS  TO  A
 HOMEOWNER FOR ANY DAMAGES TO A HOMEOWNER'S PROPERTY DUE TO SUCH DEVELOP-
 ER'S EXCAVATION OR UNDERPINNING; AND
   H.  CONTACT  INFORMATION  AND  OTHER  RESOURCES  WITHIN THE DEPARTMENT
 RELATED TO EXCAVATION AND UNDERPINNING AND DEVELOPMENT PLANS AND PERMITS
 AVAILABLE TO HOMEOWNERS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately the  addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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Senate Bill S5784

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

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co-Sponsors

2019-S5784 (ACTIVE) - Details

2019-S5784 (ACTIVE) - Summary

2019-S5784 (ACTIVE) - Sponsor Memo

2019-S5784 (ACTIVE) - Bill Text download pdf

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

co-Sponsors

Julia Salazar

2019-S5784 (ACTIVE) - Details

2019-S5784 (ACTIVE) - Summary

2019-S5784 (ACTIVE) - Sponsor Memo

2019-S5784 (ACTIVE) - Bill Text download pdf

Comments