NY State Senate Bill 2021-S3586

Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2022	referred to cities delivered to assembly passed senate
Mar 02, 2022	advanced to third reading
Mar 01, 2022	2nd report cal.
Feb 28, 2022	1st report cal.547
Feb 22, 2022	print number 3586a
Feb 22, 2022	amend and recommit to cities 1
Jan 05, 2022	referred to cities 1
Jun 10, 2021	committed to rules
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1117
Jan 30, 2021	referred to cities 1

Votes

- May 25, 2022 - Floor Vote
  S3586
  
  43
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 25, 2022
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
      
      excused (2)
      
      Breslin
      
      Brouk
  Feb 28, 2022 - Cities 1 Committee Vote
  S3586
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: Feb 28, 2022
      
      aye (5)
      
      Cleare
      
      Hoylman-Sigal
      
      Jackson
      
      Persaud
      
      Sepúlveda
      
      aye wr (2)
      
      Lanza
      
      Martucci
  May 18, 2021 - Cities 1 Committee Vote
  S3586
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: May 18, 2021
      
      aye (5)
      
      Comrie
      
      Gounardes
      
      Hoylman-Sigal
      
      Jackson
      
      Persaud
      
      aye wr (2)
      
      Lanza
      
      Martucci

Bill Amendments

Original

A (Active)

2021-S3586 - Details

Current Committee:: Assembly Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §28-103.34, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5784
2023-2024: S1304

2021-S3586 - Summary

Relates to enacting the "adjacent neighbors' bill of rights"; requires the department of buildings to develop a bulletin 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 bulletin on the department's website.

2021-S3586 - Sponsor Memo

                                
 
BILL NUMBER: S3586

SPONSOR: COMRIE
 
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 attorneys 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 home-
owners who are adjacent to a property under development or construction
of their rights and available resources, and to post it on the Depart-
ment's website and such pamphlet to also be mailed by developers to all
homeowners who are adjacent to any property. The Department will be
required to provide copies to all state and local elected officials,
community boards and other organization deemed necessary by the Commis-
sioner.

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

-guidelines for identifying and contacting competent constructions 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.

2021-S3586 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3586
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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 to read as follows:
   § 28-103.34 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.
                                                            LBD08307-01-1

 S. 3586                             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.

co-Sponsors

2021-S3586A (ACTIVE) - Details

Current Committee:: Assembly Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §28-103.34, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5784
2023-2024: S1304

2021-S3586A (ACTIVE) - Summary

2021-S3586A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3586A

SPONSOR: COMRIE
 
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 attorneys 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 home-
owners who are adjacent to a property under development or construction
of their rights and available resources, and to post it on the Depart-
ment's website and such pamphlet to also be mailed by developers to all
homeowners who are adjacent to any property. The Department will be
required to provide copies to all state and local elected officials,
community boards and other organization deemed necessary by the Commis-
sioner.

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

- guidelines for identifying and contacting competent constructions 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 at shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S3586A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3586--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1 -- recommitted to
   the Committee on Cities 1 in accordance with Senate Rule 6, sec. 8  --
   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 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08307-02-2

 S. 3586--A                          2
 
   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;
   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.

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Senate Bill S3586

Sponsored By

Archive: Last Bill Status - In Assembly Committee

May 25, 2022 - Floor Vote

Floor Vote: May 25, 2022

Feb 28, 2022 - Cities 1 Committee Vote

Cities 1 Committee Vote: Feb 28, 2022

May 18, 2021 - Cities 1 Committee Vote

Cities 1 Committee Vote: May 18, 2021

Bill Amendments

2021-S3586 - Details

2021-S3586 - Summary

2021-S3586 - Sponsor Memo

2021-S3586 - Bill Text download pdf

co-Sponsors

2021-S3586A (ACTIVE) - Details

2021-S3586A (ACTIVE) - Summary

2021-S3586A (ACTIVE) - Sponsor Memo

2021-S3586A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3586

Share this bill

Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2021-S3586 - Details

2021-S3586 - Summary

2021-S3586 - Sponsor Memo

2021-S3586 - Bill Text download pdf

co-Sponsors

Roxanne J. Persaud

2021-S3586A (ACTIVE) - Details

2021-S3586A (ACTIVE) - Summary

2021-S3586A (ACTIVE) - Sponsor Memo

2021-S3586A (ACTIVE) - Bill Text download pdf

Comments