Res. No. 855

Resolution calling on the New York State Legislature to pass, and the Governor to sign, A.5362/S.4040, which would establish a framework to facilitate the improvement of shared, privately-owned infrastructure.

By Council Members Williams, Brooks-Powers, Louis and Riley

                     Whereas, In New York City (“NYC” or the “City”), essential infrastructure, such as sewer pipelines and driveways, are sometimes owned privately and shared by multiple homeowners; and

                     Whereas, In cases where the ownership of such shared infrastructure is not clearly defined, homeowners may struggle to repair or replace shared infrastructure when it breaks, which can lead to repeated instances of issues such as sewer backups, particularly when the impacted homeowners lack the financial resources to remediate the failing infrastructure; and

                     Whereas, Reporting from City Limits shows that homeowners in certain neighborhoods, including South Jamaica, Queens, frequently experience sewer backups, which can result in untreated sewage flowing back into a home, due to defective privately-owned shared sewer lines; and

                     Whereas, The establishment of a legal mechanism to help homeowners fund, design, and execute improvements to infrastructure held in common could accelerate the completion of such improvements and reduce the incidence of sewer backups and other consequences of inadequate essential infrastructure; and

                     Whereas, A.5362, sponsored by State Assembly Member Alicia Hyndman, and companion bill S.4040, sponsored by State Senator Leroy Comrie, would create a framework that empowers NYC to design and implement improvements to shared, privately-owned infrastructure; and

                     Whereas, Pursuant to A.5362/S.4040, a majority of homeowners sharing a particular instance of privately-owned infrastructure may petition the NYC mayor’s office to produce a project plan to address deficiencies in that infrastructure; and

                     Whereas, The project plan would detail the proposed infrastructure improvements and be subject to review by the City Planning Commission and approval by the City Council; and

                     Whereas, A.5362/S.4040 would require that every project be governed by a project management association, which would be comprised of homeowners and appointees of NYC elected officials; and

                     Whereas, The upfront cost of project implementation would be paid by the City, which may sell bonds or other municipal obligations to raise such funds, and then billed to homeowners over time through tax levies placed on their properties; and

                     Whereas, Homeowners sharing privately-owned infrastructure would have the ability to dissolve the project until such tax levies are imposed, and, subject to approval by the City Council, the ability to amend the project plan; and

                     Whereas, By establishing an entity responsible for project management and enabling NYC to design and pay for the upfront costs of infrastructure improvements, A.5362/S.4040 would provide technical and financial assistance to homeowners suffering from inadequate sewer systems, driveways, and other instances of shared, privately-owned infrastructure; now, therefore, be it

                     Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, A.5362/S.4040, which would establish a framework to facilitate the improvement of shared, privately-owned infrastructure.

AGB

LS #18954

4/18/25