Requires a certificate of occupancy be obtained within four years of the initial permit for construction and/or alteration

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.