Assembly Bill A1659

2019-2020 Legislative Session

Requires developers to deposit a portion of the total estimated project cost into an escrow account for damage caused to neighboring properties during construction

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A1659 (ACTIVE) - Details

Current Committee:
Assembly Cities
Law Section:
New York City Administrative Code
Laws Affected:
Add §§28-103.32 & 28-201.5, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2009-2010: A3752
2011-2012: A706
2013-2014: A1413
2015-2016: A565
2017-2018: A1894

2019-A1659 (ACTIVE) - Summary

Requires developers to deposit a portion of the total estimated project cost into an escrow account for damage caused to neighboring properties during construction; provides that any work on a project shall be stopped until repairs are made on the adjoining property; provides that the New York city department of buildings shall develop a procedure whereby individuals who suffer damage as a result of the construction may be reimbursed within a period of sixty days.

2019-A1659 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1659
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced  by  M. of A. LENTOL, COLTON, L. ROSENTHAL -- Multi-Sponsored
   by -- M. of A.  AUBRY, COOK, DINOWITZ, GLICK, PERRY -- read  once  and
   referred to the Committee on Cities
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to establishing escrow accounts to protect neighboring  land-
   owners and tenants from damage due to construction
 
   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 28-103.32 to read as follows:
   § 28-103.32 DEVELOPERS' ESCROW ACCOUNTS. 1. ANY DEVELOPER WHO PLANS TO
 CONSTRUCT  ANY BUILDING WITHIN THE CITY SHALL, PRIOR TO THE COMMENCEMENT
 OF ANY CONSTRUCTION, DEPOSIT TEN PERCENT OF THE TOTAL ESTIMATED  PROJECT
 COST INTO AN ESCROW ACCOUNT.
   2.  AN  ESCROW ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION SHALL BE USED TO SETTLE CLAIMS OF PROPERTY OWNERS WHOSE PROPERTY
 IS DAMAGED DURING ANY CONSTRUCTION, OR THE CLAIMS  OF  TENANTS  WHO  ARE
 DISPLACED  FROM  THEIR RESIDENCE AS THE RESULT OF DAMAGE TO THE PROPERTY
 FROM THE CONSTRUCTION. A DEVELOPER SHALL BE HELD STRICTLY LIABLE FOR ANY
 DAMAGE  OR  RELOCATION  EXPENSE  THAT  OCCURS  AS  A   RESULT   OF   THE
 CONSTRUCTION.
   3.  IN ADDITION TO THE REQUIREMENTS IMPOSED BY SUBDIVISION ONE OF THIS
 SECTION, IF ANY DAMAGES OCCUR TO AN ADJOINING PROPERTY, ANY AND ALL WORK
 ON SUCH  PROJECT  SHALL  BE  STOPPED  UNTIL  SUCH  DAMAGED  PROPERTY  IS
 REPAIRED.
   4.  THE  DEPARTMENT  SHALL  ESTABLISH  A  CLAIM PROCEDURE FOR PROPERTY
 OWNERS AND TENANTS WHO WISH TO FILE CLAIMS AGAINST THE MONEY  SET  ASIDE
 PURSUANT  TO  THIS  SECTION. SUCH PROCEDURE SHALL PROVIDE FOR A COMPLETE
 RESOLUTION OF A CLAIM WITHIN SIXTY DAYS FROM THE DATE OF  ITS  COMMENCE-
 MENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04432-01-9

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