S T A T E   O F   N E W   Y O R K
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                                  9161

                          I N  A S S E M B L Y

                            January 29, 2016
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Cities

AN  ACT  to  amend  the general city law, in relation to certificates of
  occupancy for unmapped streets in the city of New York

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

  Section  1.  Subdivision  3  of section 36 of the general city law, as
added by a chapter of the laws of 2015, amending the  general  city  law
relating  to  certificates of occupancy for unmapped streets in the city
of New York,  as  proposed  in  legislative  bills  numbers  A.7487  and
S.3472-A, is amended to read as follows:
  3.  Notwithstanding  any  provision  of law, rule or regulation to the
contrary, a certificate of occupancy for a one or two family residential
dwelling WHICH IS OTHERWISE IN COMPLIANCE WITH ALL APPLICABLE LAWS shall
be issued by the department of buildings of the city of New York for any
building abutting an unmapped street without a review by  the  board  of
standards  and appeals in the following circumstances: (a) if the corpo-
ration counsel of the city of New York has issued an opinion determining
that the public way has been open and in use to the public for a minimum
of ten years and has been attested to by documents satisfactory  to  the
municipality,  that the unmapped street abutting such building or struc-
ture shall have been  suitably  improved  to  the  satisfaction  of  the
department  of transportation of the city of New York in accordance with
standards and specifications approved by such department as adequate  in
respect to the public health, safety and general welfare for the special
circumstances  of the particular unmapped street, and that such building
or structure is equipped with an automatic fire sprinkler, or (b) if the
department of buildings of the city of New York determines that  [other]
SUCH  one  or  two family residential [dwellings which have] DWELLING IS
LOCATED WITHIN THE SAME BLOCK AND FRONTING ON THE SAME  UNMAPPED  STREET
IN  QUESTION AS ANOTHER BUILDING OR STRUCTURE THAT successfully appealed
to the board of  standards  and  appeals  and  [have]  HAS  been  issued
[certificates]  A  CERTIFICATE of occupancy [are located within the same
block where such buildings or structures also have frontage that direct-

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

                                                           LBD02109-07-6

A. 9161                             2

ly abuts the unmapped street in question, that such unmapped street] AND
PROVIDED THE UNMAPPED STREET FRONTING SUCH ONE OR TWO FAMILY RESIDENTIAL
DWELLING has been suitably improved to the [satisfaction] STANDARDS  AND
SPECIFICATIONS  of such department of transportation [in accordance with
the same standards, specifications, and reasonable  exceptions  included
in  the  cases  of  appeals and any other reasonable exception that will
further protect any such street or highway layout], and further provided
that such one or two family residential dwelling  is  equipped  with  an
automatic  fire sprinkler system.  Nothing contained in this subdivision
shall limit the jurisdiction of the board of standards  and  appeals  to
determine the application of the zoning resolution.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of 2015, amending the general  city  law
relating  to  certificates of occupancy for unmapped streets in the city
of New York,  as  proposed  in  legislative  bills  numbers  A.7487  and
S.3472-A, takes effect.