Bill Text: NY A02517 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - referred to cities [A02517 Detail]

Download: New_York-2023-A02517-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2517

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
          tee 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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "adjacent neighbors' bill of rights".
     3    §  2.  The  administrative  code of the city of New York is amended by
     4  adding a new section 28-103.34.2 to read as follows:
     5    § 28-103.34.2  Adjacent neighbors' bill of rights. 1. The commissioner
     6  shall develop a bulletin known  as  the  "adjacent  neighbors'  bill  of
     7  rights"  advising homeowners who are adjacent to a property under devel-
     8  opment or construction of their rights and available resources and  post
     9  such  bulletin  on  the  department's  website.   Such bulletin shall be
    10  translated into the top ten languages of the city of New York as  deter-
    11  mined by chapter 11 of title 23 of this code, with such versions public-
    12  ly accessible through the department's website. Copies of such bulletin,
    13  including  translations  shall  be  provided  by the commissioner to all
    14  state and local elected  officials,  community  boards,  and  any  other
    15  organizations deemed necessary by the commissioner.
    16    2.  The  bulletin developed pursuant to this section shall include the
    17  following, along with other information added at the discretion  of  the
    18  commissioner,  not otherwise inconsistent with the information set forth
    19  in the bulletin:
    20    a. an advisory on  the  availability  of  homeowners'  rights  at  the
    21  department  to  review plans submitted by developers and approved by the
    22  department and further advise homeowners of their rights;
    23    b. an advisory on when a developer is required to negotiate a  license
    24  agreement  with the homeowner and that such homeowner may seek represen-
    25  tation from or consult third party professionals;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03167-01-3
        A. 2517                             2

     1    c. an advisory of a homeowner's right to require a developer  to  take
     2  protective  measures involving the party wall, including but not limited
     3  to, the installation of crack gauges and vibration monitors;
     4    d. an advisory of a developer's obligation to share copies of develop-
     5  er's  then-current plans, specifications, surveys or engineering reports
     6  specific to the access sought by developers to the homeowner's property,
     7  including  the  nature  of  the  protections,  anticipated  location  or
     8  locations,  along with further information regarding developer's instal-
     9  lation dates, and approximate durations of time that the protections are
    10  expected to remain in place; and
    11    e. an advisory of other frequently asked questions as they pertain  to
    12  rights  and  obligations  for  developers  and adjoining homeowners; and
    13  contact information and other resources within the department related to
    14  plans and permits available to homeowners.
    15    § 3. This act shall take effect immediately.