New York City Council Header
File #: Int 1275-2018    Version: Name: Denying permits for occupied buildings.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 11/28/2018
Enactment date: 6/8/2019 Law number: 2019/114
Title: A Local Law to amend the administrative code of the city of New York, in relation to denying permits for occupied buildings
Sponsors: Keith Powers , Justin L. Brannan, Rory I. Lancman, Diana Ayala , Ben Kallos, Carlina Rivera
Council Member Sponsors: 6
Summary: This bill would deny permits for 1 year for a building following a determination that a false statement about the occupancy status was made on a construction application for that building. The bill would also deny permits for 1 year for a building following a determination that work was conducted without a permit while such building was occupied. The bill would not apply to condominiums or cooperatives, and exempts permits sought to correct outstanding DOB or HPD violations, permits necessary to protect public health and safety, properties that are the subject of certain court proceedings, and permits required for certain DOB or HPD programs.
Attachments: 1. Summary of Int. No. 1275-A, 2. Summary of Int. No. 1275, 3. Int. No. 1275, 4. November 28, 2018 - Stated Meeting Agenda with Links to Files, 5. Committee Report 12/13/18, 6. Hearing Testimony 12/13/18, 7. Hearing Transcript 12/13/18, 8. Proposed Int. No. 1275-A - 5/7/19, 9. Committee Report 5/7/19, 10. Hearing Transcript 5/7/19, 11. Committee Report - Stated Meeting, 12. Hearing Transcript - Stated Meeting 5-8-19, 13. Int. No. 1275-A (FINAL), 14. Fiscal Impact Statement, 15. Legislative Documents - Letter to the Mayor, 16. Local Law 114, 17. Minutes of the Stated Meeting - May 8, 2019
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/11/2019AKeith Powers City Council Returned Unsigned by Mayor  Action details Meeting details Not available
6/8/2019AKeith Powers Administration City Charter Rule Adopted  Action details Meeting details Not available
5/8/2019AKeith Powers City Council Sent to Mayor by Council  Action details Meeting details Not available
5/8/2019AKeith Powers City Council Approved by CouncilPass Action details Meeting details Not available
5/7/2019*Keith Powers Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
5/7/2019*Keith Powers Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
5/7/2019*Keith Powers Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
5/7/2019AKeith Powers Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
12/13/2018*Keith Powers Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
12/13/2018*Keith Powers Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
11/28/2018*Keith Powers City Council Referred to Comm by Council  Action details Meeting details Not available
11/28/2018*Keith Powers City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1275-A

 

By Council Members Powers, Brannan, Lancman, Ayala, Kallos and Rivera

 

A Local Law to amend the administrative code of the city of New York, in relation to denying permits for occupied buildings

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-105.1.4 to read as follows:

§ 28-105.1.4 Denial of permits for false statements on applications for construction document approval. The commissioner shall not issue a permit for an occupied building for at least one year following the date of a determination by the commissioner that a false statement about the occupancy status of such building has been made in an application for construction document approval. Such denial shall not apply where a dwelling unit within such multiple dwelling is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease.

 

Exceptions:

 

1.   Where the issuance of such permit is necessary to correct an outstanding violation of

      this code, the housing maintenance code or any other applicable provisions of law or

      rule.

 

2.   Where the issuance of such permit is necessary to perform work to protect public

health and safety.

 

3.                     For a portion of a property occupied by a tenant who is not an owner of such property

or responsible for any existing violations in such property.

 

4.  Where a property was the subject of an in rem foreclosure judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of the code.

 

5.  Where a property is the subject of a court order appointing an administrator pursuant 

     to article 7-a of the real property actions and proceedings law in a case brought by the

     department of housing preservation and development.

 

6.  Where a property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that has closed within the five years preceding the application for such permit.

 

7.   For a property where the department of housing preservation and development or the New York city housing development corporation notifies the commissioner that the permit is required in connection with the implementation of a program of such department or corporation.

 

§ 2. Chapter 2 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-105.1.5 to read as follows:

§ 28-105.1.5 Denial of permits for work without permit on occupied building. The commissioner shall not issue a permit for a building for at least one year following the date of a determination by the commissioner that work has been performed without a permit in such building and such building was occupied at the time such work was being performed. Such denial shall not apply where a dwelling unit within such multiple dwelling is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease.

Exceptions:

1.   Where the issuance of such permit is necessary to correct an outstanding violation of

      this code, the housing maintenance code or any other applicable provisions of law or

      rule.

 

2.   Where the issuance of such permit is necessary to perform work to protect public

health and safety.

 

3.                     For a portion of a property occupied by a tenant who is not an owner of such property

or responsible for any existing violations in such property.

 

4.  Where a property was the subject of an in rem foreclosure judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of the code.

 

5.  Where a property is the subject of a court order appointing an administrator pursuant 

     to article 7-a of the real property actions and proceedings law in a case brought by the

     department of housing preservation and development.

 

6.  Where a property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that has closed within the five years preceding the application for such permit.

 

7.   For a property where the department of housing preservation and development or the New York city housing development corporation notifies the commissioner that the permit is required in connection with the implementation of a program of such department or corporation.

 

§ 3. This local law takes effect 180 days after it becomes law, except that the commissioner of buildings may take such measures as are necessary for its implementation, including the promulgation of rules, before such date.

 

 

JG/GZ/AS

LS # 8401

4/30/19 8:11pm