Bill Text: NY S05784 | 2019-2020 | 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 pamphlet 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 pamphlet on the department's internet website.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CITIES [S05784 Detail]

Download: New_York-2019-S05784-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5784

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 14, 2019
                                       ___________

        Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
          when printed to be committed to the Committee 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. 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.  Such pamphlet shall
    10  also be mailed by developers to all homeowners who are adjacent  to  any
    11  property  they are developing or constructing when such developers apply
    12  for a permit for such development  or  construction.    Copies  of  such
    13  pamphlet  shall  be  provided  to all state and local elected officials,
    14  community boards, and any other organizations deemed  necessary  by  the
    15  commissioner.
    16    2.  The  pamphlet 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 pamphlet:
    20    a. guidelines for identifying and  contacting  competent  construction
    21  attorneys  and  structural  engineers to represent an adjacent homeowner
    22  before developers and their representatives and the services such attor-
    23  neys and engineers should provide to such homeowner;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10316-03-9
        S. 5784                             2

     1    b. an advisory on  the  availability  of  homeowners'  nights  at  the
     2  department  to  review  plans submitted by developers and further advise
     3  homeowners of their rights;
     4    c. an advisory of a homeowner's right to a pre-construction survey, at
     5  the  developer's expense, when a developer plans to perform underpinning
     6  or excavation or encroachments on such homeowner's property;
     7    d. an advisory on when a developer is required to negotiate a  license
     8  or  party  wall  agreement  with  the  homeowner and that such homeowner
     9  should seek representation from a construction attorney;
    10    e. an advisory of a homeowner's right to compel a developer through  a
    11  party  wall  or  license agreement to take protective measures involving
    12  the party wall, including but not limited to, the installation of  crack
    13  gauges and vibration monitors;
    14    f.  an  advisory  of  a  homeowner's  right to limit permissible hours
    15  during which a developer may perform work under a party wall or  license
    16  agreement;
    17    g.  an  advisory  of a developer's obligations under the New York city
    18  building code and other provisions of law, rules  or  regulations  to  a
    19  homeowner for any damages to a homeowner's property due to such develop-
    20  er's excavation or underpinning; and
    21    h.  contact  information  and  other  resources  within the department
    22  related to excavation and underpinning and development plans and permits
    23  available to homeowners.
    24    § 3. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law. Effective immediately the  addition,  amend-
    26  ment and/or repeal of any rule or regulation necessary for the implemen-
    27  tation  of  this act on its effective date are authorized to be made and
    28  completed on or before such effective date.