Bill Text: NY A07068 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to enacting the "adjoining owners' bill of rights"; requires the department of buildings to make available on its website an "adjoining owners' bill of rights" advising homeowners who are adjacent to a property under development or construction of their rights and available resources.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-08 - referred to housing [A07068 Detail]

Download: New_York-2019-A07068-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7068
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2019
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Housing
        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.  This act shall be known and may be cited as the "adjacent
     2  neighbors' bill of rights".
     3    § 2. The administrative code of the city of New  York  is  amended  by
     4  adding a new section 28-103.33 to read as follows:
     5    §  28-103.33  Adjacent  neighbors' bill of rights. 1. The commissioner
     6  shall develop a pamphlet 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  pamphlet  on  the  department's internet website.   Copies of such
    10  pamphlet shall be provided to all state  and  local  elected  officials,
    11  community  boards,  and  any other organizations deemed necessary by the
    12  commissioner.
    13    2. The pamphlet developed pursuant to this section shall  include  the
    14  following,  along  with other information added at the discretion of the
    15  commissioner, not otherwise inconsistent with the information set  forth
    16  in the pamphlet:
    17    a.  guidelines  for  identifying and contacting competent construction
    18  attorneys and structural engineers to represent  an  adjacent  homeowner
    19  before developers and their representatives and the services such attor-
    20  neys and engineers should provide to such homeowner;
    21    b.  an  advisory  on  the  availability  of  homeowners' nights at the
    22  department to review plans submitted by developers  and  further  advise
    23  homeowners of their rights;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10316-01-9
        A. 7068                             2
     1    c. an advisory of a homeowner's right to a pre-construction survey, at
     2  the  developer's expense, when a developer plans to perform underpinning
     3  or excavation or encroachments on such homeowner's property;
     4    d.  an advisory on when a developer is required to negotiate a license
     5  or party wall agreement with  the  homeowner  and  that  such  homeowner
     6  should seek representation from a construction attorney;
     7    e.  an advisory of a homeowner's right to compel a developer through a
     8  party wall or license agreement to take  protective  measures  involving
     9  the  party wall, including but not limited to, the installation of crack
    10  gauges and vibration monitors;
    11    f. an advisory of a  homeowner's  right  to  limit  permissible  hours
    12  during  which a developer may perform work under a party wall or license
    13  agreement;
    14    g. an advisory of a developer's obligations under the  New  York  city
    15  building  code  and  other  provisions of law, rules or regulations to a
    16  homeowner for any damages to a homeowner's property due to such develop-
    17  er's excavation or underpinning; and
    18    h. contact information  and  other  resources  within  the  department
    19  related to excavation and underpinning and development plans and permits
    20  available to homeowners.
    21    § 3. This act shall take effect on the one hundred eightieth day after
    22  it  shall  have become a law. Effective immediately the addition, amend-
    23  ment and/or repeal of any rule or regulation necessary for the implemen-
    24  tation of this act on its effective date are authorized to be  made  and
    25  completed on or before such effective date.