New York City Council Header
File #: Res 0205-2014    Version: * Name: Require the NYC Dept of Buildings to maintain a registry of all deeds containing restrictive covenants. (S.6190/A.8615)
Type: Resolution Status: Filed (End of Session)
Committee: Committee on Housing and Buildings
On agenda: 4/29/2014
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass, and the Governor to sign S.6190/A.8615, legislation which would require the New York City Department of Buildings to maintain a registry of all deeds containing restrictive covenants.
Sponsors: Paul A. Vallone, Peter A. Koo, Karen Koslowitz, Helen K. Rosenthal
Council Member Sponsors: 4
Res. No. 205
 
 
Resolution calling upon the New York State Legislature to pass, and the Governor to sign S.6190/A.8615, legislation which would require the New York City Department of Buildings to maintain a registry of all deeds containing restrictive covenants.
 
 
By Council Members Vallone, Koo, Koslowitz and Rosenthal
 
      Whereas, A restrictive covenant is a written agreement that limits the use of property for specific purposes and regulates the structures that may be built on such property; and
      Whereas, Restrictive covenants may include, for example, provisions regulating construction type and size; and
      Whereas, Many residential communities throughout the City were carefully planned and built with a specific housing stock in mind; and
      Whereas, As those communities were being planned and built, restrictive covenants were used to ensure that future development would conform with such plans; and
      Whereas, According to several news reports, in recent years, limitations imposed by restrictive covenants have not been adhered to by building developers; and
      Whereas, Currently, homeowners and homeowner/neighborhood associations whose properties are subject to restrictive covenants are able to enforce such covenants against other property owners; and
      Whereas, The enforcement of restrictive covenants against building developers by  homeowners and homeowner/neighborhood associations who are trying to maintain the individuality and personality of their planned communities can result in exorbitant legal fees; and
Whereas, S.6190, sponsored by State Senator Tony Avella, currently pending in the New York State Senate, and A.8615, sponsored by State Assembly Member Edward C. Braunstein, currently pending in the New York State Assembly, would allow homeowners and homeowner/neighborhood associations whose properties are subject to restrictive covenants or other types of deed restrictions, to register such deeds with the Department of Buildings ("DOB"); and
      Whereas, Further, the bill would require that the DOB maintain and review deed registries prior to issuing any building permits to ensure that such permits would not violate the terms of any filed restriction; and
Whereas, In order to preserve the character of the City's planned communities, it should be the DOB, not homeowners and homeowner/neighborhood association, that should be required to maintain a registry of and enforce restrictive covenants; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign S.6190/A.8615, legislation which would require the New York City Department of Buildings to maintain a registry of all deeds containing restrictive covenants.
 
GP
LS# 1145
04/15/2014