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S1884Senate2017-2018 Session

Notify Neighbors on Variance Requests

Official title

“Relates to providing notice to affected property owners of applications for variances and special permits”

Sponsor Tony AvellaSD-11Affects Local Government
Status
In Senate Committee
Cities
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Cities

What's happening

This bill requires applicants for zoning variances or special permits in NYC to notify affected property owners within three business days of filing.

Why it matters

  1. Increases transparency and early awareness. for nearby property owners and tenants about zoning changes or special permits, allowing them to react or participate in the process from the very start instead of learning late in the proceedings.

  2. Requires detailed, standardized information. such as the zoning resolution section, application number, applicant and owner names, property address, and a summary of the request—helping recipients understand the potential impact on their property or neighborhood.

  3. Expands notification reach. beyond just immediate neighbors by defining “affected property owner” with specific radius-based criteria, ensuring that a broader swath of potentially impacted stakeholders are informed, especially for larger development sites.

  4. Mandates notice methods for multi-unit buildings. , including posting in lobbies or using customary communication channels, which helps ensure tenants and unit owners (not just landlords or boards) are actually notified, promoting broader community engagement.

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Who cares

Headline styles

Notify Neighbors on Variance Requests

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

No co-sponsors yet.

History

  1. Referred to cities
  2. Referred to cities

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1884

2017-2018 Regular Sessions

IN SENATE

January 11, 2017

Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities

AN ACT to amend the New York city charter, in relation to notice of applications for variances and special permits for affected property owners

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 668 of the New York city charter is amended by adding a new subdivision a-1 to read as follows:

a-1. For every application filed with the board of standards and appeals pursuant to this section, an applicant shall furnish to all affected property owners within three business days of filing such application a form to be prescribed by the board of standards and appeals that shall include:

1. the operative section of the zoning resolution the application is filed under;

2. the application number assigned to the application;

3. the name of the applicant;

4. the name of the owner of the property that is the subject of the application;

5. the applicable street address, block number, or lot that is the subject of the application;

6. a brief summary of the variance or special permit sought; and

7. the community board having jurisdiction over the application.

The applicant must submit the form to affected property owners with instructions that if the property is a cooperative or condominium, all tenants should be notified in the manner customarily employed by the cooperative or condominium. If the subject property is occupied by multiple tenants, the applicant must submit the hearing notice to the owner or management office of the property with instruction to either post the hearing notice in the lobby of the property, or to notify all

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01040-01-7

S. 1884 2

tenants and/or owners in the manner customarily employed by such owner or manager for giving notices to tenants or unit owners in the building in question.

For the purposes of this subdivision, an "affected property owner" shall mean an owner or tenant of record of the subject property or an owner of real property located within a four hundred foot long radius provided, however, that if the subject property is forty thousand square feet or larger and contains a frontage greater than three hundred feet on any one street, then the affected property owner will include an owner of real property within two hundred feet of a line running parallel to the subject property. A radius of two hundred feet will be measured from the corners of a subject property having an interior angle of less than one hundred eighty degrees. If the application is for a special permit or involves a single one-, two-, or three-family dwelling, then the affected property owner will include an owner of real property within a two hundred foot radius from the center of the subject property.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the New York city charter, in relation to notice of applications for variances and special permits for affected property owners

Purpose or general idea of bill

The purpose of the bill is to provide notice to affected property owners of applications for variances and special permits.

Summary of provisions

Section 1 of the bill amends section 668 of the New York City charter by adding a new subdivision a-1, which provides that for every application filed with the Board of Standards and Appeals (BSA), an applicant will furnish a form, prescribed by BSA, to all affected property owners with- in three business days of filing

Subsections a-1.1 through a-1.7 provide that the form shall include the operative section of the rezoning resolution the application is filed under, the application number assigned to the application, the name of the applicant, the name of the owner of the property subject to the application, the applicable street address, block number, or lot that is the subject of the application , a brief summary of the variance or special permits sought, and the community board that has jurisdiction over the application.

The applicant must submit this form with instructions that if the property is a cooperative or condominium, all tenants should be notified in the manner customarily employed by the cooperative or condominium. If the subject property is occupied by multiple tenants, the applicant must submit the hearing notice to the owner or management of the property, to either post in the lobby or distribute to tenants or unit owners.

An "affected property owner" shall mean an owner or tenant of record of the subject property or an owner of real property located within a four hundred foot radius. If the subject property is not forty thousand square feet or larger, and contains a frontage greater than three hundred feet, then the affected property owner will Include a real property owner within two hundred feet of a line running parallel to the subject property corners. If the application is for a special permit or involves a single one-, two- or three-family dwelling, then the affected property owner will include a real property owner within a two hundred foot radius

Justification

Zoning limitations ensure that the character of a neighborhood is protected. When an owner or developer applies for a variance or special permit, the subject construction by definition falls outside of those limitations. The potential harm to nearby residents can be significant, and the community must be given the opportunity to raise any concerns about future development This bill aims to ensure that those affected residents are properly notified at the time the application is made so affected property owners can submit any concerns to BSA prior to a final decision.

Prior legislative history

None.

Fiscal implications for state and local governments

None. EFFECTIVE DATE : This act shall take effect on the 30th day.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.