Bill Text: NY A00952 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the executive law, in relation to enacting the homeowner's detrimental reliance protection act

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A00952 Detail]

Download: New_York-2009-A00952-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          952
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of A. McDONOUGH, ERRIGO -- read once and referred to
         the Committee on Governmental Operations
       AN ACT to amend the executive law, in relation to enacting the  homeown-
         er's detrimental reliance protection act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new  article  39-A
    2  to read as follows:
    3                                ARTICLE 39-A
    4               HOMEOWNER'S DETRIMENTAL RELIANCE PROTECTION ACT
    5  SECTION 893-A. SHORT TITLE.
    6          893-B. LEGISLATIVE INTENT.
    7          893-C. LAND USE PERMIT DISCLOSURE PUBLICATION.
    8          893-D. STATE AGENCY COOPERATION.
    9          893-E. NOTICE TO BUILDING PERMIT APPLICANTS.
   10    S  893-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
   11  THE "HOMEOWNER'S DETRIMENTAL RELIANCE PROTECTION ACT".
   12    S 893-B. LEGISLATIVE INTENT. THE PURPOSE OF THIS ARTICLE IS TO ADDRESS
   13  SITUATIONS WHERE PERMIT APPLICANTS RELY ON A LOCAL BUILDING  PERMIT  AND
   14  INFORMATION  FROM THE LOCAL BUILDING PERMIT OFFICER, BUT LATER DISCOVER,
   15  TO THEIR DETRIMENT, THAT THE PROJECT FOR WHICH THEY OBTAINED A  BUILDING
   16  PERMIT IS SUBJECT TO PERMIT JURISDICTION BY A STATE OR FEDERAL AGENCY.
   17    S  893-C.  LAND  USE  PERMIT DISCLOSURE PUBLICATION. 1. THE GOVERNOR'S
   18  OFFICE OF REGULATORY REFORM SHALL PREPARE A PUBLICATION ENTITLED  "STATE
   19  AND  FEDERAL  AGENCIES  HAVING  JURISDICTION  OVER BUILDING AND LAND USE
   20  PROJECTS IN NEW YORK STATE." THE PUBLICATION SHALL  CONTAIN  A  LIST  OF
   21  CONTACT  NAMES,  ADDRESSES, TELEPHONE NUMBERS AND A SHORT OUTLINE OF THE
   22  DUTIES OF ALL STATE AND FEDERAL AGENCIES  THAT  HAVE  JURISDICTION  OVER
   23  PROPOSED  BUILDING  AND  LAND  USE  PROJECTS  IN NEW YORK STATE, WHETHER
   24  HAVING JURISDICTION OVER THE ENTIRE STATE OR OVER REGIONS  OR  AREAS  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01453-01-9
       A. 952                              2
    1  THE STATE. THE PUBLICATION SHALL BE AVAILABLE IN PRINT FORM AND IN ELEC-
    2  TRONIC FORM ON THE INTERNET.
    3    2.  THE PUBLICATION SHALL BE MAILED FREE OF CHARGE BY FIRST CLASS MAIL
    4  WITHIN FIFTEEN DAYS OF RECEIPT OF REQUEST.
    5    3. THE PUBLICATION SHALL BE UPDATED IF ANY NEW STATE OR FEDERAL AGENCY
    6  SHALL HAVE ARISEN WITH JURISDICTION OVER PROJECTS IN NEW YORK STATE,  OR
    7  IF AN EXISTING STATE OR FEDERAL AGENCY HAS HAD A CHANGE IN JURISDICTION.
    8  THE  ELECTRONIC  VERSION  SHALL  BE CONTINUOUSLY UPDATED BY UPDATING THE
    9  ELECTRONIC VERSION AVAILABLE ON THE INTERNET. THE PRINT VERSION SHALL BE
   10  UPDATED BY SUPPLEMENTING THE PRINTED VOLUME  WITH  AN  UPDATE  PAMPHLET.
   11  THE PUBLICATION SHALL BE REVIEWED EVERY THREE YEARS AND REPRINTED IF THE
   12  PUBLICATION HAS BEEN UPDATED BY SUPPLEMENT OR REQUIRES SUCH AN UPDATE.
   13    S  893-D.  STATE  AGENCY  COOPERATION.  ALL STATE AGENCIES WHICH ISSUE
   14  PERMITS FOR PROPOSED BUILDING OR LAND USE ACTIVITIES  SHALL  PROVIDE  TO
   15  THE  GOVERNOR'S  OFFICE  OF  REGULATORY  REFORM, SUCH INFORMATION AS THE
   16  OFFICE SHALL DEEM NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS ARTICLE.
   17    S 893-E. NOTICE TO BUILDING PERMIT APPLICANTS. EACH APPLICATION FOR  A
   18  TOWN,  VILLAGE,  CITY, OR COUNTY BUILDING PERMIT SHALL INCLUDE A CONCISE
   19  AND PROMINENT NOTICE, DEVELOPED BY THE GOVERNOR'S OFFICE  OF  REGULATORY
   20  REFORM,  STATING  THE  AVAILABILITY  OF  THE  PUBLICATION, INCLUDING THE
   21  ADDRESS, PHONE NUMBER AND EMAIL ADDRESS FOR ORDERING A PRINTED  COPY  OF
   22  THE  PUBLICATION;  AND  THE  WEBSITE ADDRESS FOR OBTAINING AN ELECTRONIC
   23  COPY OF THE PUBLICATION. SUCH NOTICE SHALL BE INCORPORATED INTO OR PROM-
   24  INENTLY ATTACHED THERETO THE PRINTED FORM OF EVERY TOWN, VILLAGE,  CITY,
   25  OR  COUNTY BUILDING PERMIT APPLICATION. THE GOVERNOR'S OFFICE OF REGULA-
   26  TORY REFORM SHALL PROVIDE NOTICE OF SUCH CLAUSE BY FIRST CLASS  MAIL  TO
   27  EVERY TOWN, VILLAGE, CITY OR COUNTY BUILDING PERMIT OFFICE.
   28    S  2. This act shall take effect one year after it shall have become a
   29  law. Provided, however, that effective immediately, the addition, amend-
   30  ment and/or repeal of any rule or regulation necessary for the implemen-
   31  tation of this act on its effective date are authorized and directed  to
   32  be made and completed on or before such effective date; further provided
   33  that  the  provisions of section 893-e of the executive law, as added by
   34  section one of this act, shall take effect on the sixtieth day after  it
   35  shall have become a law.