Int. No. 409
By Council Members Fiala, Cruz, Reed and Abel (by request of the Staten Island Borough President); also Council Members Carrion, Foster, Harrison, Sabini and Eristoff.
A Local Law to amend the administrative code of the city of New York, in relation to the issuance of building permits.
Be it enacted by the Council as follows:
Section 1. Section 26-129 of the administrative code of the city of New York is amended to read as follows:
§26-129 Record of applications. Each borough superintendent shall keep a record, in written and electronic form, of all applications presented to him or her concerning, affecting or relating to the construction, alteration or removal of buildings. Such record shall include the date of filing of each such application; the name and address of the applicant; the name and address of the owner of the land on which the building mentioned in such application is situated; the names and addresses of the architect and builder employed thereon; the names and addresses of all principal officers, shareholders, and other persons having a financial interest in the business entity of the builder; a designation of the premises by street number, or by any means sufficient to identify the same; a statement of the nature and proposed use of such building; and a brief statement of the nature of the application, together with a memorandum of the decision of the borough superintendent upon such application and the date of the rendition of such decision. The books containing [such] the written records are hereby declared to be public records, and shall be open to inspection at all reasonable times.
§2. Section 27-151 of the administrative code of the city of New York is amended to read as follows:
§27-151 Applicant. (a) Applications for permits, except for the construction of one- to three-family dwellings, shall be made by or [in] on behalf of the owner or lessee of the buildings; and if made by a person other than the owner, the application shall be accompanied by a signed statement of the applicant declaring that he or she is authorized by the owner to make the application. The full names of the owner, lessee and applicant, and of the principal officers thereof, if a corporation, shall be set forth in the application.
(b) Applications for permits for the construction of one- to three-dwellings shall be made by the builder employed thereof, and shall be accompanied by a signed statement of such builder declaring that he or she is authorized by the owner to make the application and setting forth the full names and addresses of the owner, builder, and if a corporation or partnership, the names and addresses of all principal officers, shareholders, and other persons thereof having a financial interest in the business entity of the builder, together with a list: (1) identifying all other building permits issued during the previous twelve months to such owner, builder, principal officers, shareholders, and other persons having a financial interest in the business entity of the builder; and (2) identifying all other building permits issued during the previous twelve months to any other corporation, partnership, or other business entity in which such owner, builder, principal officer, or other person, was a owner, builder, principal officer, shareholder or other person having a financial interest in the business entity to which such other building permit was issued.
§3. Section 27-151.1 is added to the administrative code of the city of New York, to read as follows:
Section 27-151.1 Additional application requirements for the construction of one- to three-family dwellings. (a) Any application for the construction of one- to three-family dwellings must be accompanied by a signed statement of the owner stating that such owner does not have any outstanding or uncorrected violations of this title or title 26 of this code issued to such owner.
(b) Any application for the construction of one- to three-family dwellings must also be accompanied by a signed statement of the builder employed thereof stating that neither the builder, or if a corporation or partnership, neither the builder nor any principal officers, shareholders, nor other persons having a financial interest in the business entity of the builder, have any outstanding or uncorrected violations of this title or title 26 of this code issued either to such builder, principal officer, shareholder, or other person having a financial interest in the business entity of the builder, or to any other corporation, partnership or business entity in which such builder, principal officer, shareholder, or other person had or has a financial interest.
§4. Section 27-191.1 is added to the administrative code of the city of New York, to read as follows:
§27-191.1 Permits for the construction of one- to three-family dwellings. A permit for the construction of one- to three-family dwellings shall not be issued to an applicant under any of the following circumstances:
(a) where such applicants’ application for a permit does not comply with the provisions of section 27-151 and section 27-151.1 of this code;
(b) where the owner has any outstanding or uncorrected violations of this title or title 26 of this code issued to such owner; or
(c) where the builder employed thereof, or, if a corporation or partnership, where such builder or any principal officers, shareholders, or other persons having a financial interest in the business entity of the builder, have any outstanding or uncorrected violations of this title or title 26 of this code issued either to such builder or to any such principal officer, shareholder or other person having a financial interest in the business entity of the builder, or issued to any other corporation, partnership or business entity in which such builder, principal officer, shareholder or other person was a principal officer, shareholder, or other person having a financial interest in such other corporation, partnership or business entity.
§5. This local law shall take effect thirty days after it shall have been enacted into law.
TN/lc
LS# 782
08/19/98