S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8615--A

                          I N  A S S E M B L Y

                            January 28, 2014
                               ___________

Introduced  by  M.  of A. BRAUNSTEIN, MOSLEY, BENEDETTO, JAFFEE, COLTON,
  MONTESANO, KIM -- Multi-Sponsored by -- M. of A. CAMARA, COOK,  HIKIND
  --  read  once  and  referred  to the Committee on Cities -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to the filing of deeds containing restrictive covenants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 27-106 to read as follows:
  S 27-106 REGISTRY OF DEEDS WITH RESTRICTIVE COVENANTS. (A) THE DEPART-
MENT  SHALL  MAINTAIN  A  REGISTRY  OF  ALL DEEDS CONTAINING RESTRICTIVE
CONVENTS THAT ARE FILED WITH THE DEPARTMENT. ANY SUCH FILING  SHALL  NOT
BE  DEEMED  AS  ACCEPTABLE  IN  LIEU  OF  ANY  OTHER FILING REQUIREMENTS
MANDATED OR PERMITTED UNDER ANY OTHER PROVISION OF LAW,  RULE  OR  REGU-
LATION. A DEED CONTAINING ONE OR MORE RESTRICTIVE COVENANTS MAY BE FILED
WITH THE DEPARTMENT FOR INCLUSION IN THIS REGISTRY BY ANY OWNER OR HOME-
OWNER  ASSOCIATION  WHOSE  PROPERTY IS SUBJECT TO A RESTRICTIVE COVENANT
AND/OR BY OR ON BEHALF OF A NEIGHBORHOOD ASSOCIATION  OR  CIVIC  ASSOCI-
ATION  WHOSE AREA OF GEOGRAPHIC CONCERN, AS SET FORTH IN ITS CERTIFICATE
OF INCORPORATION, CHARTER OR OTHER RELEVANT ORGANIZING DOCUMENT,  ENCOM-
PASSES  THE  PROPERTY  THAT IS THE SUBJECT OF SUCH RESTRICTIVE COVENANT.
THE FILING SHALL BE ACCOMPANIED BY A  NOTARIZED  REGISTRATION  STATEMENT
ACKNOWLEDGING THE AUTHENTICITY OF SUCH DEED. THIS REGISTRY SHALL BE MADE
AVAILABLE TO THE PUBLIC DURING REGULAR BUSINESS HOURS.
  (B)  PRIOR  TO THE ISSUANCE OF ANY PERMIT, EMPLOYEES OF THE DEPARTMENT
SHALL SEARCH THE REGISTRY CREATED PURSUANT TO SUBDIVISION  (A)  OF  THIS
SECTION  FOR  THE PURPOSE OF DETERMINING WHETHER ANY DEED LISTED IN THIS
REGISTRY CONTAINS ANY RESTRICTIVE COVENANT THAT WOULD BE VIOLATED BY THE
ISSUANCE OF THE REQUESTED PERMIT OR THE COMPLETION OF  THE  PROJECT  FOR
WHICH  SUCH  PERMIT  IS  SOUGHT.  IF A VIOLATION OF ANY SUCH RESTRICTIVE
COVENANT WOULD OCCUR, THEN THE DEPARTMENT SHALL NOT  ISSUE  SUCH  PERMIT
EXCEPT  AS AUTHORIZED BY ORDER OF A COURT OF COMPETENT JURISDICTION. ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD11962-03-4

A. 8615--A                          2

OWNER OR HOMEOWNER ASSOCIATION WHOSE PROPERTY IS  THE  SUBJECT  OF  SUCH
RESTRICTIVE  COVENANT,  OR ANY NEIGHBORHOOD ASSOCIATION OR CIVIC ASSOCI-
ATION WHOSE AREA OF CONCERN ENCOMPASSES THE PROPERTY THAT IS THE SUBJECT
OF  SUCH  RESTRICTIVE  COVENANT, SHALL BE BARRED FROM COLLECTING DAMAGES
AGAINST THE CITY FOR THE FAILURE TO ENFORCE THE  RESTRICTIONS  CONTAINED
IN  SUCH  RESTRICTIVE COVENANT IF SUCH RESTRICTIVE COVENANT HAS NOT BEEN
FILED WITH THE DEPARTMENT. THE DEPARTMENT  SHALL  PROMULGATE  ANY  ADDI-
TIONAL RULES FOR THE IMPLEMENTATION OF THIS SECTION.
  (C)  NOTHING  IN  THIS SECTION SHALL BE INTERPRETED TO LIMIT OR REDUCE
THE RIGHTS OF ANY OWNER OR HOMEOWNER ASSOCIATION WHOSE AREA OF GEOGRAPH-
IC CONCERN ENCOMPASSES THE PROPERTY THAT IS SUBJECT OF SUCH  RESTRICTIVE
COVENANT  OR  COVENANTS TO INITIATE AND MAINTAIN LEGAL ACTION TO ENFORCE
ANY SUCH COVENANT OR COVENANTS.
  S 2. This act shall take effect immediately.