What's happening
This bill requires construction in certain NYC residential zones to finish within four years or face demolition at the owner's expense, and allows demolition of long-abandoned sealed buildings after two years.
Why it matters
Puts pressure on property owners to complete construction projects promptly. by imposing a four-year deadline for completion and occupancy, the bill discourages speculative holding, delays, or prolonged construction that can blight neighborhoods.
Addresses safety and neighborhood quality concerns. unfinished or long-sealed buildings often attract vandalism, illegal activity, and can pose hazards; the bill empowers the city to intervene and restore lots to a safe condition if owners fail to act.
Shifts the financial burden of demolition to owners. by requiring owners to pay for demolition and site cleanup if they don't meet deadlines, it removes the cost from taxpayers and adds a financial incentive for timely project completion.
Targets specific residential zones. the focus on R1–R4 zones (typically low-density residential areas) aims to protect the character, safety, and livability of established neighborhoods most affected by abandoned buildings and stalled construction.
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Who cares
Headline styles
Limit Construction Timelines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1551
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to amend the administrative code of the city of New York, in relation to abandoned buildings and stalled construction sites
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The administrative code of the city of New York is amended by adding a new section 28-118.22 to read as follows:
§ 28-118.22 Abandoned buildings and/or stalled construction sites. 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. If such construction is not complete and a certificate of occupancy pursuant to this article 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.
§ 2. 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, is amended to read as follows:
§ 28-214.1 Order to seal, secure, and close. 1. If the commissioner determines such action is necessary to the preservation of life and safety the commissioner may order a building subject to a vacate order to be sealed, secured and closed.
2. After a period of two years, if no attempt is made to rehabilitate the "sealed" status of such building pursuant to subdivision one of this section, such building may be demolished at the property owner's expense pursuant to section 28-214.1.5 of this article.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01001-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 RI, 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
2015-16: 5.5043
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.