BILL NUMBER:S5043

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to abandoned buildings and stalled construction
sites

PURPOSE OR GENERAL IDEA OF BILL: This bill will address the plague of
abandoned residential buildings throughout the city of New York that
are causing devaluation of properties and neighborhoods and negatively
impacting the safety and quality of life issues.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the administrative code of the city of
New York by adding a new section 28118.22 entitled "Abandoned
buildings and/or stalled construction sites" which requires all new
building construction or alterations of current buildings in an R1, 2,
3, or 4 zoning area shall complete construction and/or alterations and
obtain a certificate of occupancy within four years of the initial
permit for such construction and/or alteration.

The section further provides that if the construction is not complete
and a certificate of occupancy is not obtained within four years, the
department may demolish the structure and return the site to a clean
and safe condition at the property owner's expense.

              

Section 2 of the bill amends section 28-214.1 of the administrative
code of the city of New York, as amended by section 54 of part A of
local law 141 of the city of New York for the year 2013, by
renumbering the subsection and adding a new a new subdivision to the
"order to seal, secure, and close" provisions which states that if
after two years no attempt is made to rehabilitate the "sealed" status
of a building that has been previously ordered sealed by the
commissioner pursuant to this section, then the building may be
demolished at the property owner's expense pursuant to section
28-214.1.5 of this article.

Section 3 of the bill sets forth an immediate effective date.

JUSTIFICATION:  Abandoned residential properties, or residential
properties that are uninhabitable because of a failure to obtain a
certificate of occupancy, present a significant problem for all other
properties within their vicinity. Such situations create a perception
of blighted neighborhoods and in return cause significant devaluation
of area properties even though those neighboring properties may be
well maintained and form stable and thriving communities.

Such situations also present safety and quality of life issues for
those who must live within their midst. Many times such abandoned
properties draw unwanted pests such as raccoons and rats thereby
creating public safety concerns. Abandoned properties can also become
a haven for squatters or others who may wish to utilize the abandoned
property for illegal purposes such as selling drugs or other criminal
activity.

Property owners who are either unable to complete construction or
obtain a certificate of occupancy within four years should bear the


burden of having any uncompleted or uninhabitable structures
demolished and return the property to a clean and safe condition.
Responsible property owners should not be made to share the difficult
financial situations that abandoned property owners may be suffering
and it is more than reasonable to expect that such properties must
either be completed and receive a certificate of occupancy or be
demolished within 4 years from the start of construction and that
buildings which have been officially "sealed" by the city should not
be allowed to languish in that condition for more than two years.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.