S T A T E O F N E W Y O R K
________________________________________________________________________
5874
2025-2026 Regular Sessions
I N S E N A T E
March 3, 2025
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 1
AN ACT to amend the New York city charter, in relation to requiring the
board of standards and appeals and the city planning commission of the
city of New York to provide a copy of each application for a variance
or special permit to the members of the city council and the state
assembly and the state senator in whose districts, and the president
of the borough in which the land, to which the application relates, is
located
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision c, and subdivisions d and e of
section 668 of the New York city charter, as amended by local law number
103 of the city of New York for the year 2017, are amended to read as
follows:
1. Each proposal or application shall be filed with the board of stan-
dards and appeals, which shall forward a copy within five days to the
community board for each community district in which the land involved,
or any part thereof, is located, and to the borough board if the
proposal or application involves land located in two or more districts
in a borough; AND SHALL DELIVER, WITHIN FIVE DAYS, A COPY THEREOF TO
EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND EACH
STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN
WHICH THE LAND INVOLVED IS LOCATED.
d. The recommendation of a community board or borough board pursuant
to subdivision c of this section shall be filed with the board of stand-
ards and appeals and [a copy] COPIES sent to the city planning commis-
sion, AND TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE ASSEM-
BLY AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE
BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The board of standards
and appeals shall conduct a public hearing and act on the proposed
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10339-01-5
S. 5874 2
application. All testimony delivered at a public hearing by the appli-
cant on the proposed application shall be sworn or affirmed under oath.
A decision of the board shall indicate whether each of the specific
requirements of the zoning resolution for the granting of variances has
been met and shall include findings of fact with regard to each such
requirement. When the board of standards and appeals grants or denies an
application for a variance or special permit, the board shall respond,
as applicable, to any relevant recommendation filed with such board by a
community board or borough board regarding such application. Inadvert-
ent failure to comply with the preceding sentence shall not result in
the invalidation of any board decision.
e. Copies of a decision of the board of standards and appeals and
copies of any recommendation of the affected community board or borough
board shall be filed with the city planning commission. Copies of the
decision shall also be filed with the affected community or borough
boards. IN ADDITION, COPIES OF THE DECISION SHALL BE SENT TO EACH
MEMBER OF THE COUNCIL, EACH MEMBER OF THE ASSEMBLY AND EACH STATE
SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN WHICH THE
LAND INVOLVED IS LOCATED.
§ 2. Subdivision b of section 669 of the New York city charter, such
section as designated by a vote of the people of the city of New York at
the general election held in November of 1975, is amended to read as
follows:
b. Such appeal may be taken within such time as shall be prescribed by
the board by general rule, by filing with the officer from whom the
appeal is taken and with the board a notice of appeal, specifying the
grounds thereof. THE BOARD SHALL DELIVER EACH NOTICE OF APPEAL SO FILED
WITHIN FIVE DAYS TO EACH MEMBER OF THE COUNCIL, EACH MEMBER OF THE STATE
ASSEMBLY AND EACH STATE SENATOR IN WHOSE DISTRICT, AND THE PRESIDENT OF
THE BOROUGH IN WHICH THE LAND INVOLVED IS LOCATED. The officer from whom
the appeal is taken shall forthwith transmit to the board all the papers
constituting the record upon which the action appealed from was taken.
§ 3. Subdivision a of section 201 of the New York city charter, as
amended by a vote of the people of the city of New York at the general
election held in November of 1989, is amended to read as follows:
a. Applications for changes in the zoning resolution may be filed by
any taxpayer, community board, borough board, borough president, by the
mayor or by the land use committee of the council if two-thirds of the
members of the committee shall have voted to approve such filing with
the city planning commission. THE CITY PLANNING COMMISSION SHALL DELIV-
ER EACH APPLICATION SO FILED WITHIN FIVE DAYS TO EACH MEMBER OF THE
COUNCIL, EACH MEMBER OF THE STATE ASSEMBLY AND EACH STATE SENATOR IN
WHOSE DISTRICT, AND THE PRESIDENT OF THE BOROUGH IN WHICH THE LAND
INVOLVED IS LOCATED. All such applications involving changes in the
designation of zoning districts under the zoning resolution shall be
subject to review and approval pursuant to section one hundred ninety-
seven-c and one hundred ninety-seven-d OF THIS CHAPTER. For applica-
tions involving other changes in zoning resolutions and regulations, the
commission prior to taking action upon any such application shall refer
it to the affected community boards or borough boards for a public
hearing and recommendation.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to proposals and applications filed
with the board of standards and appeals and the city planning commission
of the city of New York on or after such date.