Assembly Bill A10243

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10243
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Dickens) --
   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 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 28-103.34.2 to read as follows:
   § 28-103.34.2  ADJACENT NEIGHBORS' BILL OF RIGHTS. 1. THE COMMISSIONER
 SHALL DEVELOP A BULLETIN 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  BULLETIN  ON  THE  DEPARTMENT'S  WEBSITE.   SUCH BULLETIN SHALL BE
 TRANSLATED INTO THE TOP TEN LANGUAGES OF THE CITY OF NEW YORK AS  DETER-
 MINED  BY CHAPTER 11 OF TITLE 23, WITH SUCH VERSIONS PUBLICLY ACCESSIBLE
 THROUGH THE DEPARTMENT'S WEBSITE. COPIES  OF  SUCH  BULLETIN,  INCLUDING
 TRANSLATIONS  SHALL  BE  PROVIDED  BY  THE COMMISSIONER TO ALL STATE AND
 LOCAL ELECTED OFFICIALS, COMMUNITY BOARDS, AND ANY  OTHER  ORGANIZATIONS
 DEEMED NECESSARY BY THE COMMISSIONER.
   2.  THE  BULLETIN 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 BULLETIN:
   A. AN ADVISORY ON  THE  AVAILABILITY  OF  HOMEOWNERS'  RIGHTS  AT  THE
 DEPARTMENT  TO  REVIEW PLANS SUBMITTED BY DEVELOPERS AND APPROVED BY THE
 DEPARTMENT AND FURTHER ADVISE HOMEOWNERS OF THEIR RIGHTS;
   B. AN ADVISORY ON WHEN A DEVELOPER IS REQUIRED TO NEGOTIATE A  LICENSE
 AGREEMENT  WITH THE HOMEOWNER AND THAT SUCH HOMEOWNER MAY SEEK REPRESEN-
 TATION FROM OR CONSULT THIRD PARTY PROFESSIONALS;
   C. AN ADVISORY OF A HOMEOWNER'S RIGHT TO REQUIRE A DEVELOPER  TO  TAKE
 PROTECTIVE  MEASURES INVOLVING THE PARTY WALL, INCLUDING BUT NOT LIMITED
 TO, THE INSTALLATION OF CRACK GAUGES AND VIBRATION MONITORS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08307-03-2
 A. 10243                            2
 
   D. AN ADVISORY OF A DEVELOPER'S OBLIGATION TO SHARE COPIES OF DEVELOP-
 ER'S THEN-CURRENT PLANS, SPECIFICATIONS, SURVEYS OR ENGINEERING  REPORTS
 SPECIFIC TO THE ACCESS SOUGHT BY DEVELOPERS TO THE HOMEOWNER'S PROPERTY,
 INCLUDING  THE  NATURE  OF  THE  PROTECTIONS,  ANTICIPATED  LOCATION  OR
 LOCATIONS,  ALONG WITH FURTHER INFORMATION REGARDING DEVELOPER'S INSTAL-
 LATION DATES, AND APPROXIMATE DURATIONS OF TIME THAT THE PROTECTIONS ARE
 EXPECTED TO REMAIN IN PLACE; AND
   E. AN ADVISORY OF OTHER FREQUENTLY ASKED QUESTIONS AS THEY PERTAIN  TO
 RIGHTS  AND  OBLIGATIONS  FOR  DEVELOPERS  AND ADJOINING HOMEOWNERS; AND
 CONTACT INFORMATION AND OTHER RESOURCES WITHIN THE DEPARTMENT RELATED TO
 PLANS AND PERMITS AVAILABLE TO HOMEOWNERS.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  local  law  number  126 of the city of New York for the year
 2021, takes effect.