Deems certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city

BILL NUMBER:S4444B

Title of bill

An act deeming certain parcels of real property in the city of New York as legally non-complying buildings for purposes of compliance with the zoning resolution of such city

Purpose or general idea of bill

The purpose of this bill is to permit the commissioner of the department of buildings to issue a temporary certificate of occupancy to residential condominiums when the building's owners have partially completed the necessary work to achieve compliance with city building codes.

Summary of specific provisions

Section 1, Subsection vi. of this bill reads in part: "Such commissioner is hereby authorized...to issue a temporary certificate of occupancy for such building where plans and/or scope of work, was found acceptable by the department of buildings by January 28, 2010, and where items identified by the commissioner of buildings are necessary for issuance of a temporary certificate of occupancy ('partial compliance') have been completed in accordance with such plans and/or scope of work."

Justification

In the wake of the housing market boom, the rush to develop led to a rash of hastily erected residential buildings, many of which were in violation of city regulations. These developers, interested only in cashing in on rapidly inflating property values, especially in gentrifying neighborhoods, undertook building projects with a clear disregard for future residents and their right to purchase property in a legally sound and viable manner. As a result, innocent property owners are left in tenuous housing situations through no fault of their own.

For example, in 2005, residents of the Spencer Street Condominiums in Bedford-Stuyvesant, Brooklyn, discovered after purchasing their units that the building was in violation of city zoning and safety regulations and thus did not qualify for a certificate of occupancy. The lack of certificate of occupancy status, without which residents cannot sell or refinance their units, has left these home buyers in a troubling legal grey area where they are still forced to maintain mortgage payments despite the uncertain future of their property. This is patently unfair to these residents, who are not at all complicit in the building owner's violations and had no way of knowing their property would not be in compliance with legal regulations at the time of purchase.

This bill would allow for temporary certificate of occupancy status for these condominiums and others like them in a matter that is fair to the owners, residents and the Department of Buildings by ensuring that the required work is being undertaken for the building to come into compliance with the relevant building code regulations. Temporary certificate of occupancy status would pave the way for a

permanent certificate of occupancy, an end result that is beneficial for all parties.

Prior legislative history

New bill.

Fiscal implications for state & local governments

None.

Effective date

This act shall take effect immediately.