New York City Council Header
File #: Int 0169-2018    Version: * Name: Circumstances under which a permit may not be withdrawn.
Type: Introduction Status: Committee
Committee: Committee on Housing and Buildings
On agenda: 1/31/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to the circumstances under which a permit may not be withdrawn
Sponsors: Alan N. Maisel
Council Member Sponsors: 1
Summary: This bill would prohibit a permit holder from withdrawing a permit where the property owner has paid for such work in full and has not consented to the permit withdrawal.
Attachments: 1. Summary of Int. No. 169, 2. Int. No. 169, 3. January 31, 2018 - Stated Meeting Agenda

Int. No. 169

 

By Council Member Maisel

 

A Local Law to amend the administrative code of the city of New York, in relation to the circumstances under which a permit may not be withdrawn

 

Be it enacted by the Council as follows:

 

                     Section 1. Article 105 of chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-105.13 to read as follows:

§ 28-105.13 Permit withdrawal. Upon department receipt of a request, from a contractor, to withdraw a permit, the department shall notify the owner of the property that is subject to such permit and shall inquire as to whether such owner consents to such permit withdrawal and the payment status of the permitted work, in addition to any other notices that the department may send to such owner.

 

§ 28-105.13.1 Permit withdrawal denial. Where a property owner has submitted documentation showing that such permitted work was paid for in full and that they have not consented to the withdrawal of such permit, such request for permit withdrawal shall be denied, and all applicable permits for such work shall be automatically renewed. Such contractor shall be responsible for all fees associated with such renewals until such work is completed, the contractor submits proof of return of such payment, the property owner consents to the withdrawal of such permit or a court of competent jurisdiction orders the withdrawal of such permit .

 

                     § 2. This local law takes effect 120 days after it becomes law, except that the commissioner of buildings may take such actions as are necessary for its implementation, including the promulgation of rules, prior to such effective date.

MPC

LS# 437

LS# 9971/Int. No. 1603-2017

12/6/17 5:42pm