diff --git a/events/2024/2024-11-21_10_00_education_21235.json b/events/2024/2024-11-21_10_00_education_21235.json index 4dbb5f4fd..a8c277c52 100644 --- a/events/2024/2024-11-21_10_00_education_21235.json +++ b/events/2024/2024-11-21_10_00_education_21235.json @@ -208,11 +208,13 @@ "ActionID": 32, "ActionName": "Approved by Committee", "ActionText": "This Introduction was Approved by Committee", + "PassedFlag": 1, + "PassedFlagName": "Pass", "MatterID": 72545, "MatterFile": "Int 0515-2024", "MatterName": "Requiring the department of education to report information about employees of school bus transportation vendors.", "MatterType": "Introduction", - "LastModified": "2024-11-21T15:30:31.063Z" + "LastModified": "2024-12-05T18:53:28.4Z" }, { "ID": 414846, @@ -224,11 +226,13 @@ "ActionID": 32, "ActionName": "Approved by Committee", "ActionText": "This Resolution was Approved by Committee", + "PassedFlag": 1, + "PassedFlagName": "Pass", "MatterID": 73304, "MatterFile": "Res 0250-2024", "MatterName": "Require all school buses operating within the state, regardless of seating capacity, to have a stop-arm on each side, and to prohibit any school buses from operating if they do not have functioning stop-arms.", "MatterType": "Resolution", - "LastModified": "2024-11-21T15:30:38.71Z" + "LastModified": "2024-12-05T18:53:41.81Z" }, { "ID": 414862, @@ -242,6 +246,6 @@ } ], "AgendaLastPublished": "2024-11-18T15:37:45.75Z", - "MinutesLastPublished": "2024-11-25T14:31:23.317Z", - "LastModified": "2024-11-25T14:31:23.34Z" + "MinutesLastPublished": "2024-12-05T18:53:46.923Z", + "LastModified": "2024-12-05T18:53:47.017Z" } diff --git a/introduction/2024/0138.json b/introduction/2024/0138.json index 6e89a9ed4..9dd50564e 100644 --- a/introduction/2024/0138.json +++ b/introduction/2024/0138.json @@ -100,7 +100,7 @@ "Attachments": [ { "ID": 294807, - "LastModified": "2024-12-04T17:30:38.153Z", + "LastModified": "2024-12-05T17:58:09.193Z", "Name": "Summary of Int. No. 138", "Link": "https://nyc.legistar1.com/nyc/attachments/6820c51e-2cac-436f-aa32-3f1b0565a65d.docx", "Sort": 1 @@ -146,11 +146,18 @@ "Name": "Hearing Testimony 11/25/24", "Link": "https://nyc.legistar1.com/nyc/attachments/8e3e6bb8-296d-43b6-8e60-96d8a16eeb42.pdf", "Sort": 7 + }, + { + "ID": 312325, + "LastModified": "2024-12-05T17:58:23.47Z", + "Name": "Hearing Transcript 11/25/24", + "Link": "https://nyc.legistar1.com/nyc/attachments/72a74494-f19b-44bf-b780-2a84c81e11c2.pdf", + "Sort": 8 } ], "Summary": "This bill would require 5% of all LinkNYC kiosk programming administered on behalf of New York City to provide information for the benefit of the deaf or hard of hearing community. This includes information on the availability of text-to-911 in American Sign Language (“ASL”) with accompanying closed captioning, public service announcements in ASL, public service announcements translated into international sign and other sign languages, commercial advertisements in ASL and translated into international sign and other sign languages, and information on agency resources and services specific to persons who are deaf or hard of hearing.", "TextID": 76976, "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Chapter 4 of title 23 of the administrative code of the city of New York is amended by adding a new section 23-409 to read follows:\n � 23-409 American Sign Language Advertisements. No less than five percent of all programming administered on behalf of the city on payphone kiosks, installed pursuant to a payphone franchise agreement, shall be for the purposes of public service announcements specifically providing information for the benefit of persons who are deaf or hard of hearing. Such public service announcements shall include information communicated in American sign language with accompanying closed captions on the availability of 911 text message transmission capability, as described in section 10-173, shall also include information on the availability of video relay services on payphone kiosks, and may also include:\n 1. General public service announcements including a translation into American sign language;\n 2. Public service announcements including a translation into international sign or other sign languages, based on the sign language used in a community in which a kiosk is located;\n 3. Commercial advertisements including a translation into American sign language;\n 4. Commercial advertisements including a translation into international sign or other sign languages; and\n 5. Information on accessing, and the availability of, agency resources and services specific to persons who are deaf or hard of hearing.\n � 2. This local law takes effect 180 days after it becomes law.\n \nSession 13\nLS #11887\n1/25/24\n\nSession 12\nTZ\nLS #11887\n7/28/23 11:45 AM\n\n\n 2\n \n \n 1", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n\\viewkind4\\uc1\n\\ul\\v0\\par\nBe it enacted by the Council as follows:\\ulnone\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj Section 1. Chapter 4 of title 23 of the administrative code of the city of New York is amended by adding a new section 23-409 to read follows:\\par\n\\ul\\'a7 23-409 American Sign Language Advertisements. No less than five percent of all programming administered on behalf of the city on payphone kiosks, installed pursuant to a payphone franchise agreement, shall be for the purposes of public service announcements specifically providing information for the benefit of persons who are deaf or hard of hearing. Such public service announcements shall include information communicated in American sign language with accompanying closed captions on the availability of 911 text message transmission capability, as described in section 10-173, shall also include information on the availability of video relay services on payphone kiosks, and may also include:\\par\n1. General public service announcements including a translation into American sign language;\\par\n2. Public service announcements including a translation into international sign or other sign languages, based on the sign language used in a community in which a kiosk is located;\\par\n3. Commercial advertisements including a translation into American sign language;\\par\n4. Commercial advertisements including a translation into international sign or other sign languages; and\\par\n5. Information on accessing, and the availability of, agency resources and services specific to persons who are deaf or hard of hearing.\\par\n\\ulnone\\'a7 2. This local law takes effect 180 days after it becomes law.\\par\n\\pard\\ltrpar\\noline\\fi720\\sl480\\slmult1\\qj\\par\n\\pard\\ltrpar\\noline\\qj\\ul\\fs18 Session 13\\par\n\\ulnone LS #11887\\par\n1/25/24\\par\n\\ul Session 12\\par\n\\ulnone TZ\\par\nLS #11887\\par\n\\pard\\ltrpar\\noline 7/28/23 11:45 AM\\par\n\\par\n\\pard\\ltrpar\\par\n}\n", - "LastModified": "2024-12-04T17:30:48.593Z" + "LastModified": "2024-12-05T17:58:23.473Z" } diff --git a/introduction/2024/0197.json b/introduction/2024/0197.json index 337b0d2f1..f74796f9f 100644 --- a/introduction/2024/0197.json +++ b/introduction/2024/0197.json @@ -175,7 +175,7 @@ "Attachments": [ { "ID": 291365, - "LastModified": "2024-12-04T17:31:01.26Z", + "LastModified": "2024-12-05T17:58:34.59Z", "Name": "Summary of Int. No. 197", "Link": "https://nyc.legistar1.com/nyc/attachments/01de9d49-989c-4411-9dfe-e0988ef00816.docx", "Sort": 1 @@ -221,11 +221,18 @@ "Name": "Hearing Testimony 11/25/24", "Link": "https://nyc.legistar1.com/nyc/attachments/b3a43c63-4875-420b-b419-b19008668208.pdf", "Sort": 7 + }, + { + "ID": 312326, + "LastModified": "2024-12-05T17:58:40.45Z", + "Name": "Hearing Transcript 11/25/24", + "Link": "https://nyc.legistar1.com/nyc/attachments/c7e10f9c-4d64-4d8e-adac-4ebc9283c73c.pdf", + "Sort": 8 } ], "Summary": "This bill would require Text to 911 and Next Generation 911 to be available in the designated citywide languages. It would also require the Department of Information Technology and Telecommunications to annually report on the use of Text to 911 and Next Generation 911 in the designated citywide languages to the Mayor and the Speaker of the Council and post such report on its website.", "TextID": 76281, "Text": "Be it enacted by the Council as follows:\n\n Section 1. Chapter 1 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-174.1 to read as follows:\n � 10-174.1 Text to 911 and next generation 911 language access. a. Definitions. For the purposes of this section, the following terms have the following meanings:\n Designated citywide languages. The term \"designated citywide languages\" has the same meaning ascribed to such term in subdivision a of section 23-1101.\n Next generation 911. The term \"next generation 911\" has the same meaning ascribed to such term in subdivision a of section 10-174.\n Text to 911. The term \"text to 911\" means an interim service that allows people in need of emergency services to text 911, bridging the gap between the current analog 911 system and next generation 911.\n b. Designated citywide languages requirement. Text to 911 and next generation 911 shall be available in the designated citywide languages. \n c. Report. No later than one year after the effective date of the local law that added this section, and annually thereafter, the commissioner of information technology and telecommunications, in consultation with the police commissioner and the fire commissioner, shall submit to the mayor and the speaker of the council and post on the department of information technology and telecommunications website a report regarding the provision of text to 911 and next generation 911 in the designated citywide languages. Such report shall include, but not be limited to, the following:\n 1. The following information about next generation 911 and text to 911 until the implementation of next generation 911:\n (a) The number of designated citywide languages that text to 911 services are provided in; \n (b) An explanation regarding why text to 911 is not available in a designated citywide language, if applicable;\n (c) The number of unique instances in which an individual used text to 911 and the following information for each such instance:\n (1) The date of such instance; \n (2) The zip code of such instance; and\n (3) The language used in such instance and whether such language is a designated citywide language; and \n (d) The plan and the progress on such plan to make next generation 911 available in the designated citywide languages upon its implementation; and\n 2. The following information regarding next generation 911, upon its implementation:\n (a) The number of designated citywide languages that next generation 911 services are provided in; \n (b) The number of unique instances in which an individual used next generation 911 and the following information for each such instance:\n (1) The date of such instance; \n (2) The zip code of such instance; and\n (3) The language used in such instance and whether such language is a designated citywide language; and\n (c) The plan and the progress on such plan to make next generation 911 available in the designated citywide languages.\n � 2. This local law takes effect 90 days after it becomes law, except that the police commissioner and the commissioner of information technology and telecommunications shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date. \n\n\n\nSession 13\nLS #8292\n1/17/2024\n\nSession 12\nNLB\nLS #8292\n5/5/2022\n \n\n \n\n1\n\n\n1\n\n\n \n\n \n\n2\n\n\n \n\n2", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n{\\colortbl ;\\red255\\green255\\blue255;}\n\\viewkind4\\uc1\n\\v0\\par\n\\pard\\ltrpar\\sl480\\slmult1\\qj\\ul Be it enacted by the Council as follows:\\ulnone\\par\n\\pard\\cbpat1\\ltrpar\\sl480\\slmult1\\qj Section 1. Chapter 1 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-174.1 to read as follows:\\par\n\\pard\\cbpat1\\ltrpar\\fi720\\sl480\\slmult1\\qj\\ul\\'a7 10-174.1 Text to 911 and next generation 911 language access. a. Definitions. For the purposes of this section, the following terms have the following meanings:\\par\nDesignated citywide languages. The term \\ldblquote designated citywide languages\\rdblquote has the same meaning ascribed to such term in subdivision a of section 23-1101.\\par\nNext generation 911. The term \\ldblquote next generation 911\\rdblquote has the same meaning ascribed to such term in subdivision a of section 10-174.\\par\nText to 911. The term \\ldblquote text to 911\\rdblquote means an interim service that allows people in need of emergency services to text 911, bridging the gap between the current analog 911 system and next generation 911.\\par\nb. Designated citywide languages requirement. Text to 911 and next generation 911 shall be available in the designated citywide languages. \\par\nc. Report. No later than one year after the effective date of the local law that added this section, and annually thereafter, the commissioner of information technology and telecommunications, in consultation with the police commissioner and the fire commissioner, shall submit to the mayor and the speaker of the council and post on the department of information technology and telecommunications website a report regarding the provision of text to 911 and next generation 911 in the designated citywide languages. Such report shall include, but not be limited to, the following:\\par\n1. The following information about next generation 911 and text to 911 until the implementation of next generation 911:\\par\n(a) The number of designated citywide languages that text to 911 services are provided in; \\par\n(b) An explanation regarding why text to 911 is not available in a designated citywide language, if applicable;\\par\n(c) The number of unique instances in which an individual used text to 911 and the following information for each such instance:\\par\n(1) The date of such instance; \\par\n(2) The zip code of such instance; and\\par\n(3) The language used in such instance and whether such language is a designated citywide language; and \\par\n(d) The plan and the progress on such plan to make next generation 911 available in the designated citywide languages upon its implementation; and\\par\n2. The following information regarding next generation 911, upon its implementation:\\par\n(a) The number of designated citywide languages that next generation 911 services are provided in; \\par\n(b) The number of unique instances in which an individual used next generation 911 and the following information for each such instance:\\par\n(1) The date of such instance; \\par\n(2) The zip code of such instance; and\\par\n(3) The language used in such instance and whether such language is a designated citywide language; and\\par\n(c) The plan and the progress on such plan to make next generation 911 available in the designated citywide languages.\\par\n\\pard\\ltrpar\\qj\\ulnone\\'a7 2. This local law takes effect 90 days after it becomes law, except that the police commissioner and the commissioner of information technology and telecommunications shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date. \\fs18\\par\n\\par\n\\par\n\\ul Session 13\\par\n\\ulnone LS #8292\\par\n\\pard\\ltrpar 1/17/2024\\par\n\\pard\\ltrpar\\qj\\par\n\\ul Session 12\\par\n\\ulnone NLB\\par\nLS #8292\\par\n\\pard\\ltrpar 5/5/2022\\fs24\\par\n}\n", - "LastModified": "2024-12-04T17:31:04.11Z" + "LastModified": "2024-12-05T17:58:40.45Z" } diff --git a/introduction/2024/0646.json b/introduction/2024/0646.json index db46fed92..2e99e093f 100644 --- a/introduction/2024/0646.json +++ b/introduction/2024/0646.json @@ -190,7 +190,7 @@ "Attachments": [ { "ID": 295194, - "LastModified": "2024-12-04T17:31:16.87Z", + "LastModified": "2024-12-05T17:58:49.55Z", "Name": "Summary of Int. No. 646", "Link": "https://nyc.legistar1.com/nyc/attachments/66b864dd-34bf-4180-bb4b-a0c117bcf121.docx", "Sort": 1 @@ -236,11 +236,18 @@ "Name": "Hearing Testimony 11/25/24", "Link": "https://nyc.legistar1.com/nyc/attachments/7ac34aab-40c8-4996-b340-d08af6e72027.pdf", "Sort": 7 + }, + { + "ID": 312327, + "LastModified": "2024-12-05T17:58:53.56Z", + "Name": "Hearing Transcript 11/25/24", + "Link": "https://nyc.legistar1.com/nyc/attachments/50084e90-63e0-4542-9b9c-4259ced36806.pdf", + "Sort": 8 } ], "Summary": "This bill would expand the reporting requirements for the implementation of next generation 911. The annual reports will now include information on outreach efforts for hiring or retaining deaf, hard of hearing, or deaf-blind accessibility experts, information on deaf, hard of hearing, or deaf-blind subject matter experts hired or retained for the implementation of next generation 911, and a description of public education plans for informing persons who are deaf, hard of hearing, or deaf-blind on the availability of next generation 911, including text to 911.", "TextID": 77059, "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Subdivision (b) of section 10-174 of the administrative code of the city of New York, as added by local law number 78 of 2016, is amended to read as follows:\n (b) By no later than six months after the end of each fiscal year, the commissioner, in consultation with the police commissioner and fire commissioner, shall issue to the mayor and the council, and make publicly available online, a report on the implementation of next generation 911 within the 911 emergency assistance system. Such report shall contain (i) a description of the current implementation plan, including planned next steps, (ii) a description of steps taken towards implementation since the prior report, (iii) a description of the feasibility of implementing a 911 text message transmission capability before full implementation of next generation 911, (iv) a description of any outreach efforts to hire or retain experts on accessibility for the deaf, hard of hearing, or deaf-blind community, (v) information on any deaf, hard of hearing, or deaf-blind accessibility subject matter experts hired or retained to assist in implementing next generation 911, (vi) a description of the public education plans for informing persons who are deaf, hard of hearing, or deaf-blind on the availability of next generation 911, including 911 text message transmission capability and [(iv)] (vii) any other information the commissioner deems relevant.\n � 2. This local law takes effect immediately and is deemed repealed six months after the final report required by subdivision c of section 10-174 of the administrative code of the city of New York. \n\n\n\nSession 13\nLS #11886\n1/25/24\n\nSession 12\nTZ\nLS #11886\n7/27/23 4:57 PM\n\n 2\n \n \n 2", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n{\\colortbl ;\\red0\\green0\\blue0;}\n\\viewkind4\\uc1\n\\ul\\v0\\par\nBe it enacted by the Council as follows:\\ulnone\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj Section 1. Subdivision (b) of section 10-174 of the administrative code of the city of New York, as added by local law number 78 of 2016, is amended to read as follows:\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\tx916\\tx1832\\tx2748\\tx3664\\tx4580\\tx5496\\tx6412\\tx7328\\tx8244\\tx9160\\tx10076\\tx10992\\tx11908\\tx12824\\tx13740\\tx14656 (b) \\cf1 By no later than six months after the end of each fiscal year, the commissioner, in consultation with the police commissioner and fire commissioner, shall issue to the mayor and the council, and make publicly available online, a report on the implementation of next generation 911 within the 911 emergency assistance system. Such report shall contain (i) a description of the current implementation plan, including planned next steps, (ii) a description of steps taken towards implementation since the prior report, (iii) a description of the feasibility of implementing a 911 text message transmission capability before full implementation of next generation 911\\ul , (iv) a description of any outreach efforts to hire or retain experts on accessibility for the deaf, hard of hearing, or deaf-blind community, (v) information on any deaf, hard of hearing, or deaf-blind accessibility subject matter experts hired or retained to assist in implementing next generation 911, (vi) a description of the public education plans for informing persons who are deaf, hard of hearing, or deaf-blind on the availability of next generation 911, including 911 text message transmission capability\\ulnone and [(iv)] \\ul (vii)\\ulnone any other information the commissioner deems relevant.\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\cf0\\'a7 2. This local law takes effect immediately and is deemed repealed six months after the final report required by subdivision c of section 10-174 of the administrative code of the city of New York. \\ul\\par\n\\pard\\ltrpar\\qj\\ulnone\\fs18\\par\n\\par\n\\ul Session 13\\par\n\\ulnone LS #11886\\par\n1/25/24\\par\n\\par\n\\ul Session 12\\par\n\\ulnone TZ\\par\nLS #11886\\par\n\\pard\\ltrpar 7/27/23 4:57 PM\\par\n\\par\n}\n", - "LastModified": "2024-12-04T17:31:19.997Z" + "LastModified": "2024-12-05T17:58:53.56Z" } diff --git a/introduction/2024/0654.json b/introduction/2024/0654.json index b6f392b2b..2a3ebfa22 100644 --- a/introduction/2024/0654.json +++ b/introduction/2024/0654.json @@ -395,7 +395,7 @@ "Attachments": [ { "ID": 312173, - "LastModified": "2024-12-05T17:23:53.183Z", + "LastModified": "2024-12-05T18:32:57.017Z", "Name": "Summary of Int. No. 654-A", "Link": "https://nyc.legistar1.com/nyc/attachments/51af7b9f-122f-4d0a-9fdc-c96ee58ac030.docx", "Sort": 1 @@ -457,29 +457,29 @@ "Sort": 10 }, { - "ID": 312309, - "LastModified": "2024-12-05T17:19:33.253Z", + "ID": 312334, + "LastModified": "2024-12-05T18:33:06.877Z", "Name": "Committee Report 12/5/24", - "Link": "https://nyc.legistar1.com/nyc/attachments/0ab8bcb2-ef29-4558-9e1f-3fb32fda0e5b.docx", - "Sort": 11 + "Link": "https://nyc.legistar1.com/nyc/attachments/1fc0eb3f-1b84-4270-a484-2fddd15a8bb5.docx", + "Sort": 12 }, { "ID": 312310, - "LastModified": "2024-12-05T17:19:26.067Z", + "LastModified": "2024-12-05T18:33:02.29Z", "Name": "Fiscal Impact Statement", "Link": "https://nyc.legistar1.com/nyc/attachments/d9f217d5-3407-4768-be16-3c4238e7f488.docx", - "Sort": 12 + "Sort": 13 }, { - "ID": 312311, - "LastModified": "2024-12-05T17:19:38.293Z", + "ID": 312335, + "LastModified": "2024-12-05T18:33:10.12Z", "Name": "Committee Report - Stated Meeting 12/5/24", - "Link": "https://nyc.legistar1.com/nyc/attachments/2a51f3fb-03de-4189-b871-98a08bff939f.docx", - "Sort": 13 + "Link": "https://nyc.legistar1.com/nyc/attachments/82e57137-de90-4ee5-98d1-b93eedcbecd6.docx", + "Sort": 14 } ], "Summary": "This bill would extend the J-51 tax abatement program for certain alterations or improvements completed after June 29, 2022 and before June 30, 2026. Eligible buildings are: condos and coops where the average assessed valuation is under $45,000 per dwelling unit, and rental buildings (i) where more than half the units are affordable, (ii) that are operated by limited-profit housing companies, or (iii) that receive substantial governmental assistance. The owners of these buildings would be able to recover up to 70% of the cost of the work at 8 1/3% per year for up to 20 years. HPD would establish the work and costs that qualify for this program in a certified reasonable cost schedule, to be updated considering factors such as local law requirements and the effects of inflation. This bill would provide for tenant protections, including the possibility of a revocation of benefits if an owner fails to comply. This bill would also require HPD to report on the implementation of the program.", "TextID": 78784, "Text": "Be it enacted by the Council as follows:\n\n Section 1. Title 11 of the administrative code of the city of New York is amended by adding a new section 11-243.2 to read as follows:\n � 11-243.2 Tax abatement for alterations and improvements to certain multiple dwellings. a. Definitions. As used in this section, the following terms have the following meanings:\n Area median income. The term \"area median income\" means the income limits as defined annually by the United States department of housing and urban development for the New York city area. \n Certificate of eligibility and reasonable cost. The term \"certificate of eligibility and reasonable cost\" means a document issued by the department of housing preservation and development that establishes that a property is eligible for rehabilitation program benefits and sets forth the certified reasonable cost of the eligible construction for which such benefits shall be received.\n Certified reasonable cost schedule. The term \"certified reasonable cost schedule\" means a table providing maximum dollar limits for specified alterations and improvements, established, and updated regularly as necessary, by the department of housing preservation and development.\n Checklist. The term \"checklist\" means a document that the department of housing preservation and development issues requesting additional information or documentation that is necessary for further assessment of an application for a certificate of eligibility and reasonable cost where such application contained all information and documentation required at the initial filing.\n Commencement date. The term \"commencement date\" means, with respect to eligible construction, the date on which any physical operation undertaken for the purpose of performing such eligible construction lawfully begins.\n Completion date. The term \"completion date\" means, with respect to eligible construction, the date on which:\n 1. Every physical operation undertaken for the purpose of all eligible construction has concluded; and\n 2. All such eligible construction has been completed to a reasonable and customary standard that renders such eligible construction capable of use for the purpose for which such eligible construction was intended.\n Dwelling unit. The term \"dwelling unit\" means any residential accommodation in a class A multiple dwelling that:\n 1. Is arranged, designed, used, or intended for use by 1 or more persons living together and maintaining a common household;\n 2. Contains at least 1 room; and\n 3. Contains within such accommodation lawful sanitary and kitchen facilities reserved for its occupants.\n Dwelling unit floor area. The term \"dwelling unit floor area\" means the gross square footage within the dwelling unit measured from the interior faces of the demising partitions or party walls.\n Eligible building. The term \"eligible building\" means an eligible rental building, an eligible homeownership building, or an eligible regulated homeownership building, provided that such building contains 3 or more dwelling units.\n Eligible construction. The term \"eligible construction\" means alterations or improvements to an eligible building that:\n 1. Are specifically identified on the certified reasonable cost schedule;\n 2. Meet the minimum scope of work threshold; \n 3. Have a completion date that is after June 29, 2022 and prior to June 30, 2026 and that is not more than 30 months after the commencement date; and \n 4. Are not attributable to any increased cubic content in such eligible building.\n Eligible homeownership building. The term \"eligible homeownership building\" means an existing building that: \n 1. Is a class A multiple dwelling operated as condominium or cooperative housing; \n 2. Is not operating in whole or in part as a hotel; and\n 3. Has an average assessed valuation, including the valuation of the land, that as of the commencement date does not exceed the homeownership average assessed valuation limitation.\n Eligible regulated homeownership building. The term \"eligible regulated homeownership building\" means an existing building that is a class A multiple dwelling owned and operated by either: \n 1. A mutual company that continues to be organized and operated as a mutual company and that has entered into and recorded a mutual company regulatory agreement; or \n 2. A mutual redevelopment company that continues to be organized and operated as a mutual redevelopment company and that has entered into and recorded a mutual redevelopment company regulatory agreement.\n Eligible rental building. The term \"eligible rental building\" means an existing building that: \n 1. Is a class A multiple dwelling in which all of the dwelling units are operated as rental housing; \n 2. Is not operating in whole or in part as a hotel; and \n 3. Satisfies 1 of the following conditions: \n (a) Not less than 50 percent of the dwelling units in such building are qualifying rental units; \n (b) Such building is owned and operated by a limited-profit housing company; or\n (c) Such building is the recipient of substantial governmental assistance. \n Existing building. The term \"existing building\" means an enclosed structure which:\n 1. Is permanently affixed to the land;\n 2. Has 1 or more floors and a roof;\n 3. Is bounded by walls;\n 4. Has at least 1 principal entrance utilized for day-to-day pedestrian ingress and egress;\n 5. Has a certificate of occupancy or equivalent document that is in effect prior to the commencement date; and\n 6. Exclusive of the land, has an assessed valuation of more than $1,000 for the fiscal year immediately preceding the commencement date.\n Homeownership average assessed valuation limitation. The term \"homeownership average assessed valuation limitation\" means an average assessed valuation of $45,000 per dwelling unit.\n Limited-profit housing company. The term \"limited-profit housing company\" has the same meaning as \"company\" set forth in section 12 of the private housing finance law.\n Market rental unit. The term \"market rental unit\" means a dwelling unit in an eligible rental building other than a qualifying rental unit.\n Marketing band. The term \"marketing band\" means maximum rent amounts ranging from 20 percent of 80 percent of the area median income, adjusted for family size, to 30 percent of 80 percent of the area median income, adjusted for family size.\n Minimum scope of work threshold. The term \"minimum scope of work threshold\" means a total amount of certified reasonable cost established by rules and regulations of the department of housing preservation and development, provided that such amount shall be no less than $1,500 for each dwelling unit in existence on the completion date.\n Multiple dwelling. The term \"multiple dwelling\" has the same meaning as set forth in section 4 of the multiple dwelling law.\n Mutual company. The term \"mutual company\" has the same meaning as set forth in section 12 of the private housing finance law.\n Mutual company regulatory agreement. The term \"mutual company regulatory agreement\" means a binding and irrevocable agreement between a mutual company and the commissioner of housing of the state of New York, the mutual company supervising agency, the New York city housing development corporation, or the New York state housing finance agency, prohibiting the dissolution or reconstitution of such mutual company pursuant to section 35 of the private housing finance law for not less than 15 years from the commencement of rehabilitation program benefits for the existing building owned and operated by such mutual company.\n Mutual company supervising agency. The term \"mutual company supervising agency\" has the same meaning, with respect to any mutual company, as \"supervising agency\" set forth in section 2 of the private housing finance law.\n Mutual redevelopment company. The term \"mutual redevelopment company\" has the same meaning as \"mutual\" when applied to a redevelopment company as set forth in section 102 of the private housing finance law.\n Mutual redevelopment company regulatory agreement. The term \"mutual redevelopment company regulatory agreement\" means a binding and irrevocable agreement between a mutual redevelopment company and the commissioner of housing of the state of New York, the redevelopment company supervising agency, the New York city housing development corporation, or the New York state housing finance agency prohibiting the dissolution or reconstitution of such mutual redevelopment company pursuant to section 123 of the private housing finance law until the earlier of: (i) 15 years from the commencement of rehabilitation program benefits for the existing building owned and operated by such mutual redevelopment company; or (ii) the expiration of any tax exemption granted to such mutual redevelopment company pursuant to section 125 of the private housing finance law.\n Qualifying rent. The term \"qualifying rent\" means the maximum rent within the marketing band that is allowed for a qualifying rental unit as such rent is established by the department of housing preservation and development.\n Qualifying rental unit. The term \"qualifying rental unit\" means a dwelling unit in an eligible rental building that, as of the filing of an application for a certificate of eligibility and reasonable cost, has a rent at or below the qualifying rent.\n Redevelopment company. The term \"redevelopment company\" has the same meaning as set forth in section 102 of the private housing finance law.\n Redevelopment company supervising agency. The term \"redevelopment company supervising agency\" has the same meaning, with respect to any redevelopment company, as \"supervising agency\" set forth in section 102 of the private housing finance law.\n Rehabilitation program benefits. The term \"rehabilitation program benefits\" means the abatement of real property taxes pursuant to this section.\n Rent regulation. The term \"rent regulation\" means, collectively, the emergency housing rent control law, any local law enacted pursuant to the local emergency housing rent control act, the rent stabilization law of 1969, the rent stabilization code, and the emergency tenant protection act of 1974, all as in effect as of October 23, 2023, or as any such statute is amended thereafter, together with any successor statutes or regulations addressing substantially the same subject matter.\n Restriction period. The term \"restriction period\" means, notwithstanding any termination or revocation of rehabilitation program benefits prior to such period, 15 years from the initial receipt of rehabilitation program benefits, or such additional period of time as may be imposed pursuant to paragraph 7 of subdivision d of this section.\n Substantial government assistance. The term \"substantial governmental assistance\" means grants, loans, or subsidies from any federal, state, or local governmental agency or instrumentality in furtherance of a program for the development of affordable housing approved by the department of housing preservation and development, provided that such grants, loans, or subsidies are provided in accordance with a regulatory agreement entered into with such agency or instrumentality that is in effect for no less than 15 more years as of the filing date of the application for a certificate of eligibility and reasonable cost.\n Substantial interest. The term \"substantial interest\" means an ownership interest of 10 percent or more.\n b. Abatement. Notwithstanding the provisions of section 11-243 or of any general, special, or local law to the contrary, real property taxes on an eligible building in which eligible construction has been completed may be abated by an aggregate amount that shall not exceed 70 percent of the total certified reasonable cost of such eligible construction, as determined under rules and regulations of the department of housing preservation and development, provided that:\n 1. Such abatement shall not be effective for a period of more than 20 years;\n 2. The annual abatement of real property taxes on such eligible building shall not be greater than eight and one-third percent of the total certified reasonable cost of such eligible construction;\n 3. The annual abatement of real property taxes on such eligible building in any consecutive 12 month period shall in no event exceed the amount of real property taxes payable in such 12 month period for such building, provided, however, that such abatement shall not exceed 50 percent of the amount of real property taxes payable in such 12 month period for any of the following:\n (a) An eligible rental building owned by a limited-profit housing company or a redevelopment company;\n (b) An eligible homeownership building; or\n (c) An eligible regulated homeownership building;\n 4. Such abatement shall become effective beginning with the first quarterly tax bill immediately following the date of issuance of the certificate of eligibility and reasonable cost;\n 5. Such abatement shall not be applied to abate or reduce the taxes upon the land portion of real property, which shall continue to be taxed based upon the assessed valuation of the land and the applicable tax rate at the time such taxes are levied;\n 6. Such abatement shall not be allowed for any eligible building receiving a tax exemption or abatement concurrently for rehabilitation or new construction under any other provision of state or local law with the exception of any eligible construction to an eligible building receiving a tax exemption or abatement under the provisions of the private housing finance law;\n 7. Such abatement shall not be allowed for any item of eligible construction in an eligible building if such eligible building is receiving a tax exemption or abatement for the same or a similar item of eligible construction as of the last December 31 preceding the date of application for a certificate of eligibility and reasonable cost for such abatement; and\n 8. Where the eligible construction includes or benefits a portion of an eligible building that is not occupied for dwelling purposes, the assessed valuation of such eligible building and the cost of the eligible construction shall be apportioned so that such abatement shall not be provided for eligible construction made for other than dwelling purposes.\n c. Application.\n 1. An application for a certificate of eligibility and reasonable cost shall be made after the completion date and no later than on or before the later of: \n (a) Four months from the effective date of this local law; or \n (b) Four months from such completion date.\n 2. Such application shall include evidence of eligibility for rehabilitation program benefits and evidence of reasonable cost as shall be satisfactory to the department of housing preservation and development including, but not limited to, evidence showing the cost of eligible construction.\n 3. The department of housing preservation and development shall require a non-refundable filing fee that shall be paid by a certified check or cashier's check upon the filing of an application for a certificate of eligibility and reasonable cost. Such fee shall be $1,000, plus $75 for each dwelling unit in excess of 6 dwelling units in the eligible building that is the subject of such application. \n 4. Any application that is filed pursuant to this subdivision that is missing any of the information and documentation required at initial filing by this section and the rules and regulations of the department of housing preservation and development promulgated pursuant to this section shall be denied, provided that a new application for the same eligible construction, together with a new non-refundable filing fee, may be filed within 15 days of the date of issuance of such denial. If such second application is also missing any such required information and documentation, it shall be denied and no further applications for the same eligible construction shall be permitted.\n 5. The failure of an applicant to respond to any checklist within 30 days of the date of its issuance by the department of housing preservation and development shall result in denial of the application for which such checklist was issued, and no further applications for the same eligible construction shall be permitted. The department of housing preservation and development shall issue not more than 3 checklists per application. An application for a certificate of eligibility and reasonable cost shall be denied when the department of housing preservation and development does not have a sufficient basis to issue a certificate of eligibility and reasonable cost after the timely response of an applicant to the third checklist concerning such application. After the department of housing preservation and development has denied an application for such reason, the department of housing preservation and development shall permit no further applications for the same eligible construction.\n 6. An application for a certificate of eligibility and reasonable cost shall also include an affidavit of no harassment.\n (a) Such affidavit shall set forth the following information:\n (1) The name of every owner of record, owner of a substantial interest in the eligible building, and entity owning the eligible building or sponsoring the eligible construction; and\n (2) A statement that no owner of record, owner of a substantial interest in the eligible building, or entity owning the eligible building or sponsoring the eligible construction, within the 5 years prior to the completion date, had been found to have harassed or unlawfully evicted tenants by judgment or determination of a court or agency, including a non-governmental agency, having appropriate legal jurisdiction under the penal law, any state or local law regulating rents, or any state or local law relating to harassment of tenants or unlawful eviction.\n (b) No eligible building shall be eligible for rehabilitation program benefits where:\n (1) Any affidavit required under this paragraph has not been filed; \n (2) Any such affidavit contains a willful misrepresentation or omission of any material fact; or\n (3) Any owner of record, owner of a substantial interest in the eligible building, or entity owning the eligible building or sponsoring the eligible construction, within the 5 years prior to the completion date, had been found to have harassed or unlawfully evicted tenants by judgment or determination of a court or agency, including a non-governmental agency, having appropriate legal jurisdiction under the penal law, any state or local law regulating rents, or any state or local law relating to harassment of tenants or unlawful eviction, until and unless the finding is reversed on appeal.\n (c) Notwithstanding the provisions of any general, special, or local law to the contrary, the corporation counsel or other legal representative of the city of New York or the district attorney of any county within the city of New York, may institute an action or proceeding in any court of competent jurisdiction that may be appropriate or necessary to determine whether any owner of record, owner of a substantial interest in the eligible building, or entity owning the eligible building or sponsoring the eligible construction has harassed or unlawfully evicted tenants.\n 7. Notwithstanding the provisions of any general, special, or local law to the contrary, applications for a certificate of eligibility and reasonable cost shall be filed electronically if the department of housing preservation and development makes electronic filing available and requires electronic filing by rules and regulations.\n d. Additional requirements for an eligible rental building other than one owned and operated by a limited-profit housing company. In addition to all other conditions of eligibility for rehabilitation program benefits, an eligible rental building, other than one owned and operated by a limited-profit housing company, must also comply with all provisions of this subdivision. Notwithstanding the foregoing, an eligible rental building that is the recipient of substantial governmental assistance shall not be required to comply with the provisions of paragraph 2 of this subdivision.\n 1. Notwithstanding any provision of rent regulation to the contrary, any market rental unit within such eligible rental building subject to rent regulation as of the filing date of the application for a certificate of eligibility and reasonable cost and any qualifying rental unit within such eligible rental building shall be subject to rent regulation until such unit first becomes vacant after the expiration of the restriction period, at which time such unit, unless it would be subject to rent regulation for reasons other than the provisions of this section, shall be deregulated, provided, however, that during the restriction period, no exemption or exclusion from any requirement of rent regulation shall apply to such dwelling units.\n 2. Additional requirements for an eligible rental building that is not a recipient of substantial governmental assistance.\n (a) Not less than 50 percent of the dwelling units in such eligible rental building shall be designated as qualifying rental units.\n (b) The owner of such eligible rental building shall ensure that no qualifying rental unit is held off the market for a period that is longer than reasonably necessary. \n (c) The department of housing preservation and development may establish by rules and regulations such requirements as it deems necessary or appropriate for designating qualifying rental units, including, but not limited to, designating the unit mix and distribution requirements of such qualifying rental units in an eligible rental building.\n 3. The owner of such eligible rental building shall waive the collection of any major capital improvement rent increase granted by the New York state division of housing and community renewal pursuant to rent regulation that is attributable to eligible construction for which such eligible rental building receives rehabilitation program benefits, and shall file a declaration with the New York state division of housing and community renewal providing such waiver.\n 4. The owner of such eligible rental building shall not engage in or cause any harassment of the tenants of such eligible rental building or unlawfully evict any such tenants during the restriction period.\n 5. No dwelling units within such eligible rental building shall be converted to cooperative or condominium ownership during the restriction period.\n 6. No dwelling unit in such eligible rental building shall be rented on a temporary, transient, or short-term basis. Each such dwelling unit must be leased for permanent residential purposes for a term of not less than 1 year during the restriction period. Every lease and renewal thereof for each such dwelling unit shall be for a term of 1 or 2 years, at the option of the tenant, and shall include a notice in at least 12 point type informing such tenant of their rights pursuant to this section, including an explanation of the restrictions, if any, on rent increases that may be imposed on such dwelling unit. \n 7. Any noncompliance of an eligible rental building with the provisions of this subdivision shall permit the department of housing preservation and development to take the following action:\n (a) Extend the restriction period of such eligible rental building;\n (b) Increase the number of qualifying rental units in such eligible rental building;\n (c) Impose a penalty of not more than the product of $1,000 per instance of noncompliance and the number of dwelling units contained in such eligible rental building; and \n (d) Terminate or revoke any rehabilitation program benefits of such eligible rental building in accordance with subdivision p of this section.\n e. Compliance with applicable law. Rehabilitation program benefits shall not be allowed for any eligible building unless and until such eligible building complies with all applicable provisions of law. Rehabilitation program benefits shall not be allowed if the department of housing preservation and development determines that eligible construction was not carried out in conformity with all applicable provisions of law.\n f. Bedroom count. If eligible construction results in a change in the number of dwelling units in an eligible building, then, upon the completion date, the number of bedrooms in such eligible building shall be equal to no less than 75 percent of the total number of dwelling units, provided, however, that if the average dwelling unit floor area in such eligible building is 1,000 square feet or more, the requirement that the number of bedrooms be equal to no less than 75 percent of the total number of dwelling units shall not be applicable and, provided further, that such requirement shall be reduced to the extent the application of such requirement would necessitate a reduction in the number of dwelling units which are contained in such eligible building prior to the commencement date.\n g. Tenant notification. Notwithstanding any provision of this section to the contrary, no rehabilitation program benefits shall be granted for any eligible construction with a commencement date on or after the effective date of this local law unless the applicant provides to tenants, if any, of such eligible building prior to the commencement date, notice of the following information: \n 1. The proposed work; \n 2. The identity and contact information of the eligible building's representative; and \n 3. The tenants' rights under applicable law with respect to such work; provided that, in the case of a loan program supervised by the department of housing preservation and development, such department may provide the required notice to the tenants.\n h. Notice of intent. An applicant for rehabilitation program benefits for any eligible construction with a commencement date on or after the effective date of this local law shall file with the department of housing preservation and development a form supplied by such department which: \n 1. States an intention to file for rehabilitation program benefits;\n 2. Describes the work for which rehabilitation program benefits will be claimed; \n 3. Estimates the cost of such work which will be eligible for rehabilitation program benefits; and \n 4. Provides proof of the notice required under subdivision g of this section. Such form shall be filed prior to the commencement date. If the scope of such work or the estimated cost thereof changes materially, such applicant shall file a revised notice of intent. An applicant who fails to comply with the requirements of this subdivision shall be subject to a penalty not to exceed 100 percent of the filing fee otherwise payable pursuant to paragraph 3 of subdivision c of this section. \n i. Re-inspection penalty. If any eligible construction claimed on an application for a certificate of eligibility and reasonable cost cannot be verified upon the first inspection by the department of housing preservation and development, such applicant shall be required to pay 10 times the actual cost of any additional inspection needed to verify such eligible construction.\n j. Strict liability for inaccurate applications. If the department of housing preservation and development determines that an application for a certificate of eligibility and reasonable cost contains a false statement or omission as to any material matter, such application shall be rejected and no other applications pursuant to this section with respect to such eligible building shall be allowed for a period of 3 years following such determination. An applicant shall not be relieved from liability under this subdivision because such applicant submitted the application under a mistaken belief of fact. Furthermore, any person or entity that files more than 6 applications containing such a false statement or omission within any 12 month period shall be barred from submitting any new application for a certificate of eligibility and reasonable cost on behalf of any eligible building for a period of 5 years.\n k. False statements. Any person who shall knowingly and willfully makes any false statement or omission as to any material matter in any application for a certificate of eligibility and reasonable cost shall be guilty of an offense punishable by a fine of not more than $500, or imprisonment for not more than 90 days, or both.\n l. Implementation of rehabilitation program benefits. Upon issuance of a certificate of eligibility and reasonable cost and payment of outstanding fees, the department of housing preservation and development may transmit such certificate of eligibility and reasonable cost to the department of finance. Upon receipt of a certificate of eligibility and reasonable cost, the department of finance shall certify the amount of taxes to be abated pursuant to subdivision b of this section and pursuant to such certificate of eligibility and reasonable cost provided by the department of housing preservation and development.\n m. Outstanding taxes and charges. Rehabilitation program benefits shall not be allowed for an eligible building in either of the following cases:\n 1. There are outstanding real estate taxes or water and sewer charges or payments in lieu of taxes that are due and owing as of the last day of the tax period preceding the date of the receipt of the certificate of eligibility and reasonable cost by the department of finance; or\n 2. Real estate taxes or water and sewer charges due at any time during the authorized term of such benefits remain unpaid for 1 year after the same are due and payable.\n n. Investigatory authority. The department of housing preservation and development may require such certifications and consents necessary to access records, including other tax records, as may be deemed appropriate to enforce the eligibility requirements of this section. For purposes of determining and certifying eligibility for rehabilitation program benefits and the reasonable cost of any eligible construction, the department of housing preservation and development shall be authorized to:\n 1. Administer oaths to and take the testimony of any person, including, but not limited to, the owner of such eligible building;\n 2. Issue subpoenas requiring the attendance of such persons and the production of any bills, books, papers, or other documents as such department may deem necessary;\n 3. Make preliminary estimates of the maximum reasonable cost of such eligible construction;\n 4. Establish maximum allowable costs of specified units, fixtures, or work in such eligible construction;\n 5. Require the submission of plans and specifications of such eligible construction before the commencement thereof;\n 6. Require physical access to inspect the eligible building; and \n 7. On an annual basis, require the submission of leases for any dwelling unit in an eligible rental building that has been granted a certificate of eligibility and reasonable cost.\n o. No owner of an eligible building to which rehabilitation program benefits shall be applied, nor any agent, employee, manager, or officer of such owner, shall directly or indirectly deny to any person any of the dwelling accommodations in such property or any of the privileges or services incident to occupancy therein because of race, color, creed, national origin, gender, sexual orientation, disability, marital status, age, religion, alienage, or citizenship status, or the use of, participation in, or being eligible for a governmentally funded housing assistance program, including, but not limited to, the section 8 housing voucher program and the section 8 housing certificate program, 42 U.S.C. � 1437 et. seq., or the senior citizen or persons with disabilities rent increase exemption program, pursuant to either chapter 7 of title 26 or section 26-509. The term \"disability\" as used in this subdivision has the same meaning set forth in section 8-102. Nothing in this subdivision shall restrict such consideration in the development of housing accommodations for the purpose of providing for the special needs of a particular group.\n p. Termination or revocation. Failure to comply with the provisions of this section, any rules and regulations promulgated thereunder, or any mutual company regulatory agreement or mutual redevelopment company regulatory agreement entered into thereunder may result in revocation of any rehabilitation program benefits retroactive to the commencement of such benefits. Such termination or revocation shall not exempt such eligible building from continued compliance with the requirements of this section, such rules and regulations, and such mutual company regulatory agreement or such mutual redevelopment company regulatory agreement.\n q. Criminal liability for unauthorized uses. In the event that any recipient of rehabilitation program benefits uses any dwelling unit in an eligible building in violation of the requirements of this section and any rules and regulations promulgated pursuant thereto, such recipient shall be guilty of an unclassified misdemeanor punishable by a fine in an amount equivalent to double the value of the gain of such recipient from such unlawful use, or imprisonment for not more than 90 days, or both.\n r. Private right of action. Any prospective, present, or former tenant of an eligible rental building may sue to enforce the requirements and prohibitions of this section, or any rules and regulations promulgated thereunder, in the supreme court of New York. Any such individual harmed by reason of a violation of such requirements and prohibitions may sue therefor in the supreme court of New York on behalf of such individual, and shall recover threefold the damages sustained and the cost of the suit, including a reasonable attorney's fee. The department of housing preservation and development may use any court decision under this subdivision that is adverse to the owner of an eligible building as the basis for further enforcement action. Notwithstanding any other provision of law, an action by a tenant of an eligible rental building under this subdivision must be commenced within 6 years from the date of the latest violation.\n s. Appointment of receiver. In addition to the remedies for noncompliance provided for in paragraph 7 of subdivision d and subdivision p of this section, the department of housing preservation and development may make application for the appointment of a receiver in accordance with the procedures contained in this subdivision. Any receiver appointed pursuant to this subdivision shall be authorized, in addition to any other powers conferred by law, to effect compliance with the provisions of this section and any rules and regulations of the department of housing preservation and development promulgated thereunder. Any expenditures incurred by the receiver to effect such compliance shall constitute a debt of the owner and a lien upon the eligible building, and upon the rents and income thereof, in accordance with the procedures contained in this subdivision. The department of housing preservation and development in its discretion may provide funds to be expended by the receiver, and such funds shall constitute a debt recoverable from the owner in accordance with applicable local laws.\n 1. Power to order corrections of violations. Whenever the department of housing preservation and development determines that any violation of the provisions of this section, any rules and regulations promulgated thereunder, or any mutual company regulatory agreement or mutual redevelopment company regulatory agreement entered into thereunder, has occurred, such department may order the owner of the eligible building or other responsible party to correct such violation. An order issued pursuant to this paragraph shall state the violations involved and the corrective action to be taken, and shall specify a time for compliance, which shall be not less than 21 days from the date of service of the order, except that where a condition dangerous to human life and safety or detrimental to health exists or is threatened, a shorter period for compliance may be specified. \n 2. Grounds for appointment of receiver. Upon failure of an eligible building to comply with an order to correct issued pursuant to paragraph 1 of this subdivision within the specified time therein, the department of housing preservation and development may apply for the appointment of a receiver to correct such violations.\n 3. Notice to owner, mortgagees, and lienors.\n (a) If the department of housing preservation and development intends to seek the appointment of a receiver pursuant to this subdivision, it shall serve upon the owner, along with the order authorized pursuant to paragraph 1 of this subdivision, a notice stating that in the event the violations covered by the order are not corrected in the manner and within the time specified therein, such department may apply for the appointment of a receiver of the rents, issues, and profits of the property with rights superior to those of the owner and any mortgagee or lienor.\n (b) Within 5 days after service of the order and notice upon the owner, the department of housing preservation and development shall serve a copy of the order and notice upon every mortgagee and lienor of record, personally or by registered or certified mail, at the address set forth in the recorded mortgage or lien. If no address appears therein, a copy shall be sent by registered mail to the person at whose request the instrument was recorded.\n (c) The department of housing preservation and development shall file a copy of the notice and order in the office of the county clerk in which mechanics liens affecting the eligible building would be filed.\n 4. Order to show cause.\n (a) The department of housing preservation and development, upon failure of the owner to comply with an order issued pursuant to paragraph 1 of this subdivision within the time provided therein, may thereafter apply to a court of competent jurisdiction in the county where the eligible building is located for an order directing the owner and any mortgagees or lienors of record to show cause why the commissioner of housing preservation and development should not be appointed receiver of the rents, issues, and profits of the eligible building and why the receiver should not correct such violation and obtain a lien in favor of the department of housing preservation and development against the eligible building having the priority provided in article 8 of subchapter 5 of chapter 2 of title 27 to secure repayment of the costs incurred by the receiver in removing such conditions. Such application shall contain: \n (1) Proof by affidavit that an order of the department of housing preservation and development has been issued, served on the owner, mortgagees, and lienors, and filed, in accordance with subparagraph (c) of paragraph 3 of this subdivision; \n (2) A statement that a violation continued to exist in such eligible building after the time provided in the order for correction of the condition, and a description of the eligible building and violations involved; and \n (3) A brief description of the nature of the actions required to correct the violations and an estimate as to the cost thereof.\n (b) The order to show cause shall be returnable not less than 5 days after service is completed.\n (c) A copy of the order to show cause, and the papers on which it is based, shall be served on the owner, mortgagees of record, and lienors. If any such persons cannot with due diligence be served personally within the city of New York within the time fixed in the order, then service may be made by posting a copy of the order in a conspicuous place on the eligible building, and by sending a copy thereof by registered mail to the owner at the last address, if any, registered by such owner with the department of housing preservation and development, or to such owner's last address, if any, known to the department of housing preservation and development, or, in the case of a mortgagee or lienor, to the address set forth in the recorded mortgage or lien, and by publication in a newspaper of general circulation in the county where such eligible building is located. Service shall be deemed complete on filing proof thereof in the office of the clerk of the court in which application for such order is made.\n 5. Proceedings on return of order to show cause.\n (a) On the return of the order to show cause, determination thereof shall have precedence over every other business of the court unless the court shall find that some other pending proceeding, having a similar statutory preference, has priority.\n (b) If the court finds that the facts stated in the application warrant the granting thereof, then it shall appoint the commissioner of housing preservation and development receiver of the rents, issues, and profits of the eligible building.\n (c) Notwithstanding subparagraph (b) of this paragraph, if, after determination of the issue, the owner, or any mortgagee or lienor or other person having an interest in the eligible building, shall apply to the court to be permitted to correct the violations set forth in the department of housing preservation and development's application and shall (i) demonstrate the ability to promptly undertake the actions required; and (ii) post security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, then the court may, in lieu of appointing a receiver, issue an order permitting such person to perform the actions within a time fixed by the court. If at the time fixed in the order the actions have not been satisfactorily done, the court shall appoint such receiver. If after the granting of an order permitting a person to perform the actions but before the time fixed by the court for the completion thereof it shall appear to the department of housing preservation and development that the person permitted to do the same is not proceeding with due diligence, then such department may apply to the court, on notice to those persons who have appeared in the proceeding, for a hearing to determine whether a receiver shall be appointed immediately. On the failure of any person to complete the corrective actions in accordance with the provisions of an order under this subparagraph, such department, or any receiver thereafter appointed, shall be reimbursed for costs incurred by such department or receiver in correcting the violation and other charges herein provided for out of the security posted by such person.\n 6. Powers and duties of receiver.\n (a) A receiver appointed pursuant to this subdivision shall have all of the powers and duties of a receiver appointed in an action to foreclose a mortgage on real property, together with such additional powers and duties as herein granted and imposed. Such receiver shall not be required to file any bond.\n (b) The receiver shall with all reasonable speed remove violations in the eligible building. Such receiver shall have the power to let contracts or incur expenses therefor in accordance with the provisions of law applicable to contracts for public works except that advertisement shall not be required for each such contract. Notwithstanding any provision of law, the receiver may let contracts or incur expenses for individual items without the procurement of competitive bids where the total amount of any such individual item does not exceed $2,500.\n (c) The receiver shall collect the accrued and accruing rents, issues, and profits of the eligible building and apply the same to the cost of the corrective actions authorized in subparagraph (b) of this paragraph, to the payment of expenses reasonably necessary to the proper operation and management of the eligible building, including insurance and the fees of the managing agent, and the necessary expenses of his or her office as receiver, the repayment of all moneys advanced to the receiver by the department of housing preservation and development to cover the costs incurred by the receiver and interest thereon; and then, if there be a surplus, to unpaid taxes, assessments, water rents, sewer rents, and penalties and interest thereon, and then to sums due to mortgagees or lienors. If the income of the eligible building shall be insufficient to cover the cost of the repairs and improvements or the expenses reasonably necessary to the proper operation and management of such eligible building and other necessary expenses of the receiver, the department of housing preservation and development shall advance to the receiver any sums required to cover such cost and expense and thereupon shall have a lien against such eligible building having the priority provided in article 8 of subchapter 5 of chapter 2 of title 27 of the administrative code for any such sums so advanced with interest thereon.\n (d) The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages. Such fees and commissions shall be paid into the fund created pursuant to section 27-2111. The receiver shall be liable only in such receiver's official capacity for injury to person and property by reason of conditions of the eligible building in a case where an owner would have been liable; such receiver shall not have any liability in such receiver's personal capacity. The personnel and facilities of the department of housing preservation and development and the corporation counsel shall be availed of by the receiver for the purpose of carrying out such receiver's duties, and the costs of such services shall be deemed a necessary expense of the receiver.\n 7. Discharge of receiver. The receiver shall be discharged upon rendering a full and complete accounting to the court when the actions herein authorized are completed and the cost thereof and all other costs authorized herein have been paid or reimbursed from the rents and income of the eligible building and the surplus money, if any, has been paid over to the owner or the mortgagee or lienor as the court may direct. However, at any time, the receiver may be discharged upon filing his or her account as receiver without affecting the right of the department of housing preservation and development to its lien. Upon the completion of the repairs and improvements, the owner, the mortgagee, or any lienor may apply for the discharge of the receiver upon payment to the receiver of all moneys expended by such receiver therefor and all other costs authorized by paragraph 6 of this subdivision which have not been paid or reimbursed from the rents and income of such eligible building.\n 8. Recovery of expenses of receivership; lien of receiver.\n (a) The expenditures made by the receiver pursuant to paragraph 6 of this subdivision shall, to the extent that they are not recovered from the rents and income of the eligible building collected by the receiver, constitute a debt of the owner and a lien upon such building and lot, and upon the rents and income thereof. Except as otherwise provided in this paragraph, the provisions of article 8 of subchapter 5 of chapter 2 of title 27 shall govern the effect and enforcement of such debt and lien; references therein to the department of housing preservation and development shall, for purposes of this article, be deemed to refer to the receiver and, after such receiver's discharge, the department of housing preservation and development.\n (b) Failure to serve a copy of the order and notice required in the manner specified by paragraph 3 of this subdivision, or failure to serve any mortgagee or lienor with a copy of the order to show cause as required by subparagraph (c) of paragraph 4 of this subdivision, shall not affect the validity of the proceeding or the appointment of a receiver, but the rights of the department of housing preservation and development or of the receiver shall not in such event be superior to the rights of any mortgagee or lienor who has not been served as provided therein.\n (c) Any mortgagee or lienor who at such mortgagee or lienor's expense corrects the violations to the satisfaction of the court pursuant to the provisions of subparagraph (c) of paragraph 5 of this subdivision shall have and be entitled to enforce a lien equivalent to the lien granted to the receiver in favor of the department of housing preservation and development hereunder. Any mortgagee or lienor who, following the appointment of a receiver by the court, shall reimburse the receiver and the department of housing preservation and development for all costs and charges as hereinabove provided shall be entitled to an assignment of the lien granted to the receiver in favor of the department of housing preservation and development.\n 9. Obligations of owner not affected. Nothing herein contained shall be deemed to relieve the owner of any civil or criminal liability incurred or any duty imposed by law by reason of acts or omissions of the owner prior to the appointment of a receiver; nor shall anything contained herein be construed to suspend during the receivership any obligation of the owner for the payment of taxes or other operating and maintenance expenses of the eligible building nor of the owner or any other person for the payment of mortgages or liens.\n t. Rulemaking. Each agency or department to which functions are assigned by this section may adopt and promulgate rules and regulations for the effectuation of the purpose of this section.\n u. State enabling law. This section is enacted pursuant to the provisions of subdivision 21 of section 489 of the real property tax law.\n v. Reporting. No later than 2 years after the effective date of this local law, and annually thereafter, the department of housing preservation and development, in consultation with the department of finance, shall submit to the mayor and the speaker of the council and post on its website a report on the actions by the department of housing preservation and development in the preceding fiscal year related to rehabilitation program benefits. Such report shall include, but not be limited to:\n 1. The total amount of the rehabilitation program benefits approved for each eligible building, the number of eligible buildings in each community district, neighborhood tabulation area, council district, New York state assembly district, and New York state senate district, the building classification, in accordance with section 302 of the New York city building code, of each such eligible building, the number of dwelling units in each such eligible building, and the number of qualifying rental units in each such eligible building; and\n 2. The number of eligible buildings whose rehabilitation program benefits were terminated or revoked and the number of eligible buildings against which actions were taken, pursuant to subparagraphs (a) through (c) of paragraph 7 of subdivision d, to address noncompliance with the provisions of such subdivision, and the street address of each such eligible building.\n w. Updates to the certified reasonable cost schedule. When updating the certified reasonable cost schedule, the department of housing preservation and development shall consider the factors such department deems relevant, such as the requirements imposed on eligible buildings by local law, including, but not limited to, articles 302, 320, and 321 of chapter 3 of title 28, and the effects of inflation on such costs since the prior date the certified reasonable cost schedule was updated.\n � 2. This local law takes effect immediately.\n \nTZ/MC\n11/26/24 10:14pm\n2\n\n\n1", - "LastModified": "2024-12-05T17:24:07.343Z" + "LastModified": "2024-12-05T18:33:10.12Z" } diff --git a/introduction/2024/0814.json b/introduction/2024/0814.json index f53e4f1f8..d2b3d2a17 100644 --- a/introduction/2024/0814.json +++ b/introduction/2024/0814.json @@ -126,6 +126,11 @@ "Slug": "robert-f-holden", "FullName": "Robert F. Holden" }, + { + "ID": 7799, + "Slug": "eric-dinowitz", + "FullName": "Eric Dinowitz" + }, { "ID": 7865, "Slug": "kristy-marmorato", @@ -337,7 +342,7 @@ "Attachments": [ { "ID": 312160, - "LastModified": "2024-12-05T17:05:44.51Z", + "LastModified": "2024-12-05T18:29:49.8Z", "Name": "Summary of Int. No. 814-A", "Link": "https://nyc.legistar1.com/nyc/attachments/ac0a1763-835b-4f87-bb57-fb8d178a914d.docx", "Sort": 1 @@ -400,15 +405,36 @@ }, { "ID": 312152, - "LastModified": "2024-12-05T17:05:59.84Z", + "LastModified": "2024-12-05T18:30:02.577Z", "Name": "Proposed Int. No. 814-A - 12/2/24", "Link": "https://nyc.legistar1.com/nyc/attachments/148c85f3-ff08-407c-92ab-b8f8301f2590.docx", "Sort": 10 + }, + { + "ID": 312321, + "LastModified": "2024-12-05T17:52:36.833Z", + "Name": "Committee Report 12/5/24", + "Link": "https://nyc.legistar1.com/nyc/attachments/17eaec78-379b-4fa6-8ac9-63713ef8ce82.docx", + "Sort": 11 + }, + { + "ID": 312328, + "LastModified": "2024-12-05T18:06:32.05Z", + "Name": "Fiscal Impact Statement", + "Link": "https://nyc.legistar1.com/nyc/attachments/773c628b-603e-4fc7-933c-6a730bb9ec21.docx", + "Sort": 12 + }, + { + "ID": 312329, + "LastModified": "2024-12-05T18:06:37.4Z", + "Name": "Committee Report - Stated Meeting 12/5/24", + "Link": "https://nyc.legistar1.com/nyc/attachments/48a642cc-c98c-4a7a-9c7f-5c261bb4ea08.docx", + "Sort": 13 } ], "Summary": "This bill would require that the Department of Environmental Protection (DEP) update by 2025 its plan to prevent sewer backups and conduct further updates every 5 years thereafter. Additionally, the plan would be expanded to include the identification of areas with a significant number of notices of claims filed with the Comptroller alleging losses due to sewer backups. Further, this bill would require DEP to provide timely notice of unconfirmed sewer backups to impacted residents and to sewer backup complainants. Such notice would include a determination from DEP that the backup complaint was not associated with a condition in the city-owned sewer system, a statement that the backup may be related to an adverse condition in a privately-owned sewer, and an informational pamphlet detailing potential causes of backups in privately-owned sewers.", "TextID": 78782, - "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Section 24-503.1 of the administrative code of the city of New York, as added by local law number 60 for the year 2019, is amended to read as follows:\n � 24-503.1 [Confirmed sewer] Sewer backups. a. As used in this section, the following terms have the following meanings:\n Confirmed sewer backup. The term \"confirmed sewer backup\" means a [sewer backup complaint] determination by the department that, upon field investigation by the department, a sewer backup complaint is [confirmed to be] associated with a condition in a sewer system. Such conditions may include surcharging, temporary overtaxing, blockages, or collapses.\n Sewer system. The term \"sewer system\" means all sewers, drains, pipes, and appurtenances used to convey sewage and under the jurisdiction of the commissioner of environmental protection.\n Unconfirmed sewer backup. The term \"unconfirmed sewer backup\" means a determination by the department that, upon field investigation by the department, a sewer backup complaint is associated with a condition other than a condition in a sewer system.\n b. Where a confirmed sewer backup occurs, the commissioner shall ensure that the sewer segment causing the confirmed sewer backup is identified, inspected, and cleaned as necessary within 10 calendar days of [such] a confirmation by the department of such backup.\n c. Within 30 calendar days of an unconfirmed sewer backup, the department shall provide notice of such unconfirmed sewer backup to the person who submitted to the department the sewer backup complaint and to the resident of the property about which the complaint was made. Such notice shall provide, but need not be limited to, the following:\n 1. The department's determination that the sewer backup complaint was not associated with a condition in a sewer system;\n 2. A statement that a backup complaint may be related to an adverse condition in a privately owned sewer, pipe, or appurtenance and that if backups continue then such owner should consider conducting an inspection of such privately owned sewer, pipe, or appurtenance; and\n 3. An informational pamphlet regarding potential causes of adverse conditions in privately owned sewers, pipes, and appurtenances that are used to convey sewage from a private property to a sewer system.\n � 2. Subdivision b of section 24-503.2 of the administrative code of the city of New York, as added by local law number 61 for the year 2019, is amended to read as follows:\n b. No later than [December 31, 2019] June 30, 2025, and every 5 years thereafter, the commissioner of environmental protection shall submit to the mayor and the speaker of the council, and post on the department of environmental protection's website, a plan to prevent confirmed sewer backups for the sewer system. Such plan shall include, but need not be limited to:\n 1. Confirmed sewer backup prevention and response measures;\n 2. [An identification of] Identifying areas with, on average, more than [one] 1 confirmed sewer backup in a 12-month period;\n 3. Procedures targeting reductions in confirmed sewer backups in the portions of the sewer system most heavily impacted;\n 4. Procedures targeting reductions in recurring confirmed sewer backups;\n 5. A review of root control strategies of other municipalities; and following such review, the department may recommend root control strategies for private property owners; [and]\n 6. A comprehensive grease management program including commercial establishments and residential households; and\n 7. Identifying areas where notices of claim filed with the comptroller during the preceding 5 years allege that a sewer backup has damaged persons or property, to the extent it is practicable for the department to review such notices.\n � 3. This local law takes effect immediately.\n \n\nJSA/BJR/NAW/CCM/AGB\nLS #7129/13803\n11/27/2024 4:13 PM\n 1\n \n \n 2", + "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Section 24-503.1 of the administrative code of the city of New York, as added by local law number 60 for the year 2019, is amended to read as follows:\n � 24-503.1 [Confirmed sewer] Sewer backups. a. As used in this section, the following terms have the following meanings:\n Confirmed sewer backup. The term \"confirmed sewer backup\" means a [sewer backup complaint] determination by the department that, upon field investigation by the department, a sewer backup complaint is [confirmed to be] associated with a condition in a sewer system. Such conditions may include surcharging, temporary overtaxing, blockages, or collapses.\n Sewer system. The term \"sewer system\" means all sewers, drains, pipes, and appurtenances used to convey sewage and under the jurisdiction of the commissioner of environmental protection.\n Unconfirmed sewer backup. The term \"unconfirmed sewer backup\" means a determination by the department that, upon field investigation by the department, a sewer backup complaint is associated with a condition other than a condition in a sewer system.\n b. Where a confirmed sewer backup occurs, the commissioner shall ensure that the sewer segment causing the confirmed sewer backup is identified, inspected, and cleaned as necessary within 10 calendar days of [such] a confirmation by the department of such backup.\n c. Within 30 calendar days of an unconfirmed sewer backup, the department shall provide notice of such unconfirmed sewer backup to the person who submitted to the department the sewer backup complaint and to the resident of the property about which the complaint was made. Such notice shall provide, but need not be limited to, the following:\n 1. The department's determination that the sewer backup complaint was not associated with a condition in a sewer system;\n 2. A statement that a backup complaint may be related to an adverse condition in a privately owned sewer, pipe, or appurtenance and that if backups continue then such owner should consider conducting an inspection of such privately owned sewer, pipe, or appurtenance; and\n 3. An informational pamphlet regarding potential causes of adverse conditions in privately owned sewers, pipes, and appurtenances that are used to convey sewage from a private property to a sewer system.\n � 2. Subdivision b of section 24-503.2 of the administrative code of the city of New York, as added by local law number 61 for the year 2019, is amended to read as follows:\n b. No later than [December 31, 2019] June 30, 2025, and every 5 years thereafter, the commissioner of environmental protection shall submit to the mayor and the speaker of the council, and post on the department of environmental protection's website, a plan to prevent confirmed sewer backups for the sewer system. Such plan shall include, but need not be limited to:\n 1. Confirmed sewer backup prevention and response measures;\n 2. [An identification of] Identifying areas with, on average, more than [one] 1 confirmed sewer backup in a 12-month period;\n 3. Procedures targeting reductions in confirmed sewer backups in the portions of the sewer system most heavily impacted;\n 4. Procedures targeting reductions in recurring confirmed sewer backups;\n 5. A review of root control strategies of other municipalities; and following such review, the department may recommend root control strategies for private property owners; [and]\n 6. A comprehensive grease management program including commercial establishments and residential households; and\n 7. Identifying areas where notices of claim filed with the comptroller during the preceding 5 years allege that a sewer backup has damaged persons or property, to the extent it is practicable for the department to review such notices.\n � 3. This local law takes effect immediately.\n \n\nJSA/BJR/NAW/CCM/AGB\nLS #7129/13803\n11/27/2024 4:13 PM\n 3\n \n \n 2", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n{\\colortbl ;\\red33\\green37\\blue41;\\red0\\green0\\blue0;\\red255\\green255\\blue255;}\n\\viewkind4\\uc1\n\\ul\\v0\\par\nBe it enacted by the Council as follows:\\ulnone\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj Section 1. Section 24-503.1 of the administrative code of the city of New York, as added by local law number 60 for the year 2019, is amended to read as follows:\\par\n\\'a7 24-503.1 [Confirmed sewer] \\ul Sewer\\ulnone backups. a. As used in this section, the following terms have the following meanings:\\par\nConfirmed sewer backup. The term \\ldblquote confirmed sewer backup\\rdblquote means a [sewer backup complaint] \\ul determination by the department\\ulnone that, upon field investigation by the department, \\ul a sewer backup complaint\\ulnone is [confirmed to be] associated with a condition in a sewer system. Such conditions may include surcharging, temporary overtaxing, blockages, or collapses.\\par\nSewer system. The term \\ldblquote sewer system\\rdblquote means all sewers, drains, pipes\\ul ,\\ulnone and appurtenances used to convey sewage and under the jurisdiction of the commissioner of environmental protection.\\par\n\\ul Unconfirmed sewer backup. The term \\ldblquote unconfirmed sewer backup\\rdblquote means a determination by the department that, upon field investigation by the department, a sewer backup complaint is associated with a condition other than a condition in a sewer system.\\ulnone\\par\nb. Where a confirmed sewer backup occurs, the commissioner shall ensure that the sewer segment causing the confirmed sewer backup is identified, inspected, and cleaned as necessary within 10 calendar days of [such] \\ul a\\ulnone confirmation \\ul by the department of such backup\\ulnone .\\ul\\par\nc. Within 30 calendar days of an unconfirmed sewer backup, the department shall provide notice of such unconfirmed sewer backup to the person who submitted to the department the sewer backup complaint and to the resident of the property about which the complaint was made. Such notice shall provide, but need not be limited to, the following:\\par\n1. The department\\rquote s determination that the sewer backup complaint was not associated with a condition in a sewer system;\\par\n2. A statement that a backup complaint may be related to an adverse condition in a privately owned sewer, pipe, or appurtenance and that if backups continue then such owner should consider conducting an inspection of such privately owned sewer, pipe, or appurtenance; and\\par\n3. An informational pamphlet regarding potential causes of adverse conditions in privately owned sewers, pipes, and appurtenances that are used to convey sewage from a private property to a sewer system.\\ulnone\\par\n\\'a7 2. Subdivision b of section 24-503.2 of the administrative code of the city of New York, as added by local law number 61 for the year 2019, is amended to read as follows:\\par\nb. No later than [December 31, 2019] \\ul June 30, 2025, and every 5 years thereafter\\ulnone , the commissioner of environmental protection shall submit to the mayor and the speaker of the council, and post on the department of environmental \\cf1 protection\\rquote s website, a plan to prevent confirmed sewer backups for the sewer system. Such plan shall include, but need not be limited to:\\par\n1. Confirmed sewer backup prevention and response measures;\\par\n\\pard\\cbpat3\\ltrpar\\fi720\\sl480\\slmult1\\qj 2. [An identification of] \\ul Identifying\\ulnone areas with, on average, more than [one] \\ul 1\\ulnone confirmed sewer backup in a 12-month period;\\par\n3. Procedures targeting reductions in confirmed sewer backups in the portions of the sewer system most heavily impacted;\\par\n4. Procedures targeting reductions in recurring confirmed sewer backups;\\par\n5. A review of root control strategies of other municipalities; and following such review, the department may recommend root control strategies for private property owners; [and]\\par\n6. A comprehensive grease management program including commercial establishments and residential households\\ul ; and\\par\n7. Identifying areas where notices of claim filed with the comptroller during the preceding 5 years allege that a sewer backup has damaged persons or property, to the extent it is practicable for the department to review such notices\\ulnone .\\ul\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\cf2\\ulnone\\'a7 3. This local law takes effect immediately.\\cf0\\ul\\par\n\\pard\\ltrpar\\qj\\ulnone\\fs18\\par\nJSA/BJR/NAW/CCM/AGB\\par\nLS #7129/13803\\par\n\\pard\\ltrpar 11/27/2024 4:13 PM\\par\n}\n", - "LastModified": "2024-12-05T17:13:28.917Z" + "LastModified": "2024-12-05T18:30:02.577Z" } diff --git a/introduction/2024/0815.json b/introduction/2024/0815.json index 120e5419c..881334c0f 100644 --- a/introduction/2024/0815.json +++ b/introduction/2024/0815.json @@ -141,6 +141,11 @@ "Slug": "robert-f-holden", "FullName": "Robert F. Holden" }, + { + "ID": 7799, + "Slug": "eric-dinowitz", + "FullName": "Eric Dinowitz" + }, { "ID": 7865, "Slug": "kristy-marmorato", @@ -357,7 +362,7 @@ "Attachments": [ { "ID": 312161, - "LastModified": "2024-12-05T17:07:47.717Z", + "LastModified": "2024-12-05T18:32:11.243Z", "Name": "Summary of Int. No. 815-A", "Link": "https://nyc.legistar1.com/nyc/attachments/ca0a4fd4-b6b3-4cc0-b75e-3e5c4853c8ae.docx", "Sort": 1 @@ -420,15 +425,36 @@ }, { "ID": 312153, - "LastModified": "2024-12-05T17:08:01.037Z", + "LastModified": "2024-12-05T18:32:22.81Z", "Name": "Proposed Int. No. 815-A - 12/2/24", "Link": "https://nyc.legistar1.com/nyc/attachments/2e10324a-b905-418e-8ece-639591eeab22.docx", "Sort": 10 + }, + { + "ID": 312323, + "LastModified": "2024-12-05T17:53:03.717Z", + "Name": "Committee Report 12/5/24", + "Link": "https://nyc.legistar1.com/nyc/attachments/180b415f-889b-4c52-ad45-1e7515c8111a.docx", + "Sort": 11 + }, + { + "ID": 312330, + "LastModified": "2024-12-05T18:07:12.05Z", + "Name": "Fiscal Impact Statement", + "Link": "https://nyc.legistar1.com/nyc/attachments/5dc9486a-cf0f-4237-b80b-16cdcdf02460.docx", + "Sort": 12 + }, + { + "ID": 312331, + "LastModified": "2024-12-05T18:07:21.42Z", + "Name": "Committee Report - Stated Meeting 12/5/24", + "Link": "https://nyc.legistar1.com/nyc/attachments/e0bdacbc-5f89-4249-b926-e391d0e3ecbd.docx", + "Sort": 13 } ], "Summary": "This bill would require the Department of Environmental Protection (“DEP”), in consultation with the Department of Buildings and Office of Long-Term Planning and Sustainability, to promulgate a rule to adopt an interim flood risk area map, showing the 10-year rainfall risk area, which includes locations in the city where there is a 10 percent chance or greater of rainfall-induced flooding in any year, incorporating the impacts of the projected 2050 sea level rise on sewer outfalls and storm drains as projected by the New York City Panel on Climate Change, and the coastal flood risk area, which includes locations in the city where there is a 1 percent chance or greater of flooding in any year, incorporating the impacts of sea level rise as projected for the year 2080 by the New York City Panel on Climate Change. The bill would require such interim map to be posted to the city’s website for at least 1 year after adoption. Additionally, the bill would require DEP to update the 10-year rainfall risk area no later than January 1, 2028, and require DEP to update both the 10-year rainfall risk area and coastal risk area within 1 year of the issuance of a new effective flood insurance rate maps for the City by the Federal Emergency Management Administration. DEP may further update such risk areas in the future. Finally, the bill would require such updated maps to be posted to the department’s website, and to include the location of the special flood hazard area, as defined by Appendix G of the New York City Building Code, the bounds of the 10-year rainfall flood risk area at either a block or individual property level, and general elevation or topography indicators for both the 10-year rainfall flood risk area and coastal flood risk area.", "TextID": 78783, - "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Subdivision b of section 24-808 of the administrative code of the city of New York, as added by local law number 122 for the year 2021, is amended to read as follows:\n b. Not later than September 30, 2022, and every 10 years thereafter, the office, or another agency or office designated by the director, in consultation with the department of city planning, the department of environmental protection, the department of transportation, the department of housing preservation and development, the department of education, the department of citywide administrative services, the department of buildings, and the department of parks and recreation, shall develop and post on the office's website a climate adaptation plan that considers and evaluates a range of climate hazards impacting the city, including its shoreline, and identifies and recommends resiliency and adaptation measures, including any updates to the zoning resolution and the construction codes, and non-structural risk reduction approaches to protect and prepare the city's residents, property and infrastructure.\n � 2. Chapter 8 of title 24 of the administrative code of the city of New York is amended by adding a new section 24-809 to read as follows:\n � 24-809 Flood risk area map. a. Definitions. As used in this section, the following terms have the following meanings:\n 10-year rainfall flood risk area. The term \"10-year rainfall flood risk area\" means an area designated on a map promulgated by the department of environmental protection that represents locations in the city where there is a 10 percent chance or greater of rainfall-induced flooding in any year, incorporating the impacts of the projected 2050 sea level rise on sewer outfalls and storm drains as projected by the New York city panel on climate change.\n Coastal flood risk area. The term \"coastal flood risk area\" means an area designated on a map promulgated by the department of environmental protection that represents locations in the city where there is a 1 percent chance or greater of flooding in any year, incorporating the impacts of sea level rise as projected for the year 2080 by the New York city panel on climate change, provided that if such panel provides projections for baseline years later in time to 2080 then such baseline years may be adopted by rule for the purposes of this definition. In initially determining such area, the department, in consultation with other relevant agencies as described in subdivision b of this section, shall consider the federal emergency management agency coastal flood mapping data that defines the current 100-year floodplain, and the best available data, as determined by the department and such agencies, including 90th percentile projections from the New York city panel on climate change and any other data determined to be reasonable, that reflects the 1 percent chance or greater of flooding in any year.\n Department. The term \"department\" means the department of environmental protection.\n b. Flood risk area maps. 1. The department, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies shall promulgate a rule to adopt an interim flood risk area map, showing the 10-year rainfall risk area and the coastal flood risk area, and post a map, as described in this subdivision, of such areas on the city's website. No less than 1 year after the map required by paragraph 2 of this subdivision has first been adopted, the interim map required by this paragraph shall no longer be required to be posted.\n 2. (a) No later than January 1, 2028, the department, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies shall adopt by rule and post on the city's website, an updated flood risk area map, showing an updated 10-year rainfall risk area to replace such risk area adopted pursuant to paragraph 1 of this subdivision.\n (b) Within 1 year of the issuance of new effective flood insurance rate maps for the city of New York by the federal emergency management agency, the department, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies, may consider whether the coastal flood risk area should be updated to replace the interim coastal flood risk area established pursuant to paragraph 1 of this section, based on projections of the New York city panel on climate change and any other data such agencies determine to be reasonable. The department shall adopt any such updated coastal flood risk area by rule and post such updated map with the flood risk area map adopted in accordance with this paragraph.\n\t(c) Within 1 year of the issuance of new projections by the New York city panel on climate change, pursuant to subdivision 2 of section 3-122, the department may, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies, consider whether the 10-year rainfall risk area adopted pursuant to subparagraph (a) of this paragraph should be updated based on such projections, and any other data such agencies determine to be reasonable. The department shall adopt any such updated 10-year rainfall risk area by rule and post on the city's website an updated flood risk area map showing such updated 10-year rainfall risk area to replace such risk area adopted pursuant to subparagraph (a) of this paragraph.\n 3. Any such updated maps, and to the extent practicable such interim maps, shall:\n (a) indicate the location of the special flood hazard area and the flood hazard area, as such terms are defined in section 202 of the New York city building code and as adopted pursuant to section G102.2 of appendix G of the New York city building code, provided that inclusion of such areas in such map shall not require adoption by rule pursuant to this subdivision to determine their boundaries; \n (b) represent the 10-year rainfall flood risk area using bounds at either the block or individual property level, such that the inclusion or exclusion of a property from such area can clearly be determined; and\n (c) include any relevant information on the 10-year rainfall flood risk area and coastal flood risk area, such as general elevation or topography indicators, to the extent available to the department. \n � 3. This local law takes effect 180 days after it becomes law. \n \n\nNAW/BJR\nLS #13804\n11/27/2024 4:37 PM\n\n \n \n \n \n \n \n 1\n \n \n \n \n 5", + "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Subdivision b of section 24-808 of the administrative code of the city of New York, as added by local law number 122 for the year 2021, is amended to read as follows:\n b. Not later than September 30, 2022, and every 10 years thereafter, the office, or another agency or office designated by the director, in consultation with the department of city planning, the department of environmental protection, the department of transportation, the department of housing preservation and development, the department of education, the department of citywide administrative services, the department of buildings, and the department of parks and recreation, shall develop and post on the office's website a climate adaptation plan that considers and evaluates a range of climate hazards impacting the city, including its shoreline, and identifies and recommends resiliency and adaptation measures, including any updates to the zoning resolution and the construction codes, and non-structural risk reduction approaches to protect and prepare the city's residents, property and infrastructure.\n � 2. Chapter 8 of title 24 of the administrative code of the city of New York is amended by adding a new section 24-809 to read as follows:\n � 24-809 Flood risk area map. a. Definitions. As used in this section, the following terms have the following meanings:\n 10-year rainfall flood risk area. The term \"10-year rainfall flood risk area\" means an area designated on a map promulgated by the department of environmental protection that represents locations in the city where there is a 10 percent chance or greater of rainfall-induced flooding in any year, incorporating the impacts of the projected 2050 sea level rise on sewer outfalls and storm drains as projected by the New York city panel on climate change.\n Coastal flood risk area. The term \"coastal flood risk area\" means an area designated on a map promulgated by the department of environmental protection that represents locations in the city where there is a 1 percent chance or greater of flooding in any year, incorporating the impacts of sea level rise as projected for the year 2080 by the New York city panel on climate change, provided that if such panel provides projections for baseline years later in time to 2080 then such baseline years may be adopted by rule for the purposes of this definition. In initially determining such area, the department, in consultation with other relevant agencies as described in subdivision b of this section, shall consider the federal emergency management agency coastal flood mapping data that defines the current 100-year floodplain, and the best available data, as determined by the department and such agencies, including 90th percentile projections from the New York city panel on climate change and any other data determined to be reasonable, that reflects the 1 percent chance or greater of flooding in any year.\n Department. The term \"department\" means the department of environmental protection.\n b. Flood risk area maps. 1. The department, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies shall promulgate a rule to adopt an interim flood risk area map, showing the 10-year rainfall risk area and the coastal flood risk area, and post a map, as described in this subdivision, of such areas on the city's website. No less than 1 year after the map required by paragraph 2 of this subdivision has first been adopted, the interim map required by this paragraph shall no longer be required to be posted.\n 2. (a) No later than January 1, 2028, the department, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies shall adopt by rule and post on the city's website, an updated flood risk area map, showing an updated 10-year rainfall risk area to replace such risk area adopted pursuant to paragraph 1 of this subdivision.\n (b) Within 1 year of the issuance of new effective flood insurance rate maps for the city of New York by the federal emergency management agency, the department, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies, may consider whether the coastal flood risk area should be updated to replace the interim coastal flood risk area established pursuant to paragraph 1 of this section, based on projections of the New York city panel on climate change and any other data such agencies determine to be reasonable. The department shall adopt any such updated coastal flood risk area by rule and post such updated map with the flood risk area map adopted in accordance with this paragraph.\n\t(c) Within 1 year of the issuance of new projections by the New York city panel on climate change, pursuant to subdivision 2 of section 3-122, the department may, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies, consider whether the 10-year rainfall risk area adopted pursuant to subparagraph (a) of this paragraph should be updated based on such projections, and any other data such agencies determine to be reasonable. The department shall adopt any such updated 10-year rainfall risk area by rule and post on the city's website an updated flood risk area map showing such updated 10-year rainfall risk area to replace such risk area adopted pursuant to subparagraph (a) of this paragraph.\n 3. Any such updated maps, and to the extent practicable such interim maps, shall:\n (a) indicate the location of the special flood hazard area and the flood hazard area, as such terms are defined in section 202 of the New York city building code and as adopted pursuant to section G102.2 of appendix G of the New York city building code, provided that inclusion of such areas in such map shall not require adoption by rule pursuant to this subdivision to determine their boundaries; \n (b) represent the 10-year rainfall flood risk area using bounds at either the block or individual property level, such that the inclusion or exclusion of a property from such area can clearly be determined; and\n (c) include any relevant information on the 10-year rainfall flood risk area and coastal flood risk area, such as general elevation or topography indicators, to the extent available to the department. \n � 3. This local law takes effect 180 days after it becomes law. \n \n\nNAW/BJR\nLS #13804\n11/27/2024 4:37 PM\n\n 4\n \n \n 5", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n\\viewkind4\\uc1\n\\ul\\v0\\par\nBe it enacted by the Council as follows:\\ulnone\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj Section 1. Subdivision b of section 24-808 of the administrative code of the city of New York, as added by local law number 122 for the year 2021, is amended to read as follows:\\par\nb. Not later than September 30, 2022, and every 10 years thereafter, the office, or another agency or office designated by the director, in consultation with the department of city planning, the department of environmental protection, the department of transportation, the department of housing preservation and development, the department of education, the department of citywide administrative services, the department of buildings, and the department of parks and recreation, shall develop and post on the office\\rquote s website a climate adaptation plan that considers and evaluates a range of climate hazards impacting the city, including its shoreline, and identifies and recommends resiliency and adaptation measures\\ul , including any updates to the zoning resolution and the construction codes,\\ulnone and non-structural risk reduction approaches to protect and prepare the city\\rquote s residents, property and infrastructure.\\par\n\\'a7 2. Chapter 8 of title 24 of the administrative code of the city of New York is amended by adding a new section 24-809 to read as follows:\\ul\\par\n\\'a7 24-809 Flood risk area map. a. Definitions. As used in this section, the following terms have the following meanings:\\par\n10-year rainfall flood risk area. The term \\ldblquote 10-year rainfall flood risk area\\rdblquote means an area designated on a map promulgated by the department of environmental protection that represents locations in the city where there is a 10 percent chance or greater of rainfall-induced flooding in any year, incorporating the impacts of the projected 2050 sea level rise on sewer outfalls and storm drains as projected by the New York city panel on climate change.\\par\nCoastal flood risk area. The term \\ldblquote coastal flood risk area\\rdblquote means an area \\kerning2 designated on a map promulgated by the department of environmental protection that \\kerning0 represents locations in the city where there is a 1 percent chance or greater of flooding in any year, incorporating the impacts of sea level rise as projected for the year 2080 by the New York city panel on climate change, provided that if such panel provides projections for baseline years later in time to 2080 then such baseline years may be adopted by rule for the purposes of this definition. In initially determining such area, the department, \\kerning2 in consultation \\kerning0 with other relevant agencies as described in subdivision b of this section, shall consider the \\kerning2 federal emergency management agency coastal flood mapping data that defines the current 100-year floodplain, and the best available data, as determined by the department and such agencies, including 90th percentile projections from\\kerning0 the New York city panel on climate change a\\kerning2 nd any other data determined to be reasonable, that reflects the 1 percent chance or greater of flooding in any year\\kerning0 .\\par\nDepartment. The term \\ldblquote department\\rdblquote means the department of environmental protection.\\par\nb. Flood risk area maps. 1. The department, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies shall promulgate a rule to adopt an interim flood risk area map, showing the 10-year rainfall risk area and the coastal flood risk area, and post a map, as described in this subdivision, of such areas on the city\\rquote s website. No less than 1 year after the map required by paragraph 2 of this subdivision has first been adopted, the interim map required by this paragraph shall no longer be required to be posted.\\par\n2. (a) No later than January 1, 2028, the department, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies shall adopt by rule and post on the city\\rquote s website, an updated flood risk area map, showing an updated 10-year rainfall risk area to replace such risk area adopted pursuant to paragraph 1 of this subdivision.\\par\n(b) \\kerning2 Within 1 year of the issuance of new effective flood insurance rate maps for the city of New York by the federal emergency management agency, the department, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies, may consider whether the coastal flood risk area should be updated to replace the interim coastal flood risk area established pursuant to paragraph 1 of this section, based on projections of the New York city panel on climate change and any other data such agencies determine to be reasonable. The department shall adopt any such updated coastal flood risk area by rule and post such updated map with the flood risk area map adopted in accordance with this paragraph.\\par\n\\pard\\ltrpar\\sl480\\slmult1\\qj\\ulnone\\tab\\ul (c) Within 1 year of the issuance of new projections by the New York city panel on climate change, pursuant to subdivision 2 of section 3-122, the department may, in consultation with the department of buildings, the office of long-term planning and sustainability, and other relevant agencies, consider whether the 10-year rainfall risk area adopted pursuant to subparagraph (a) of this paragraph should be updated based on such projections, and any other data such agencies determine to be reasonable. The department shall adopt any such updated 10-year rainfall risk area by rule and post on the city\\rquote s website an updated flood risk area map showing such updated 10-year rainfall risk area to replace such risk area adopted pursuant to subparagraph (a) of this paragraph.\\kerning0\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj 3. Any such updated maps, and to the extent practicable such interim maps, shall:\\par\n(a) indicate the location of the special flood hazard area and the flood hazard area, as such terms are defined in section 202 of the New York city building code and as adopted pursuant to section G102.2 of appendix G of the New York city building code, provided that inclusion of such areas in such map shall not require adoption by rule pursuant to this subdivision to determine their boundaries; \\par\n(b) represent the 10-year rainfall flood risk area using bounds at either the block or individual property level, such that the inclusion or exclusion of a property from such area can clearly be determined; and\\par\n(c) include any relevant information on the 10-year rainfall flood risk area and coastal flood risk area, such as general elevation or topography indicators, to the extent available to the department. \\par\n\\ulnone\\'a7 3. This local law takes effect 180 days after it becomes law. \\par\n\\pard\\ltrpar\\qj\\fs18\\par\nNAW/BJR\\par\nLS #13804\\par\n\\pard\\ltrpar 11/27/2024 4:37 PM\\par\n\\par\n}\n", - "LastModified": "2024-12-05T17:15:26.637Z" + "LastModified": "2024-12-05T18:32:22.81Z" } diff --git a/introduction/2024/0850.json b/introduction/2024/0850.json index 510531291..91f6ca0ab 100644 --- a/introduction/2024/0850.json +++ b/introduction/2024/0850.json @@ -235,7 +235,7 @@ "Attachments": [ { "ID": 312127, - "LastModified": "2024-12-05T17:20:08.97Z", + "LastModified": "2024-12-05T18:33:30.613Z", "Name": "Summary of Int. No. 850-A", "Link": "https://nyc.legistar1.com/nyc/attachments/4fbc4a7f-20f5-4067-8c37-86d17d5505b7.docx", "Sort": 1 @@ -304,30 +304,30 @@ "Sort": 11 }, { - "ID": 312312, - "LastModified": "2024-12-05T17:20:19.337Z", + "ID": 312336, + "LastModified": "2024-12-05T18:33:37.207Z", "Name": "Committee Report 12/5/24", - "Link": "https://nyc.legistar1.com/nyc/attachments/baf813f6-905e-4b81-9cda-8e7480ca690f.docx", - "Sort": 12 + "Link": "https://nyc.legistar1.com/nyc/attachments/d6034b27-09f0-47d5-8bcd-d7b2fcf886c6.docx", + "Sort": 13 }, { "ID": 312313, - "LastModified": "2024-12-05T17:20:24.413Z", + "LastModified": "2024-12-05T18:33:33.433Z", "Name": "Fiscal Impact Statement", "Link": "https://nyc.legistar1.com/nyc/attachments/947f651d-0873-441e-90b7-b8137de9e189.docx", - "Sort": 13 + "Sort": 14 }, { - "ID": 312314, - "LastModified": "2024-12-05T17:20:31.483Z", + "ID": 312337, + "LastModified": "2024-12-05T18:33:43.407Z", "Name": "Committee Report - Stated Meeting 12/5/24", - "Link": "https://nyc.legistar1.com/nyc/attachments/df8753df-3e85-48c7-a76e-b64299f57757.docx", - "Sort": 14 + "Link": "https://nyc.legistar1.com/nyc/attachments/c92c2cb6-21c3-484e-b99f-1dbe3b86645b.docx", + "Sort": 15 } ], "Summary": "This bill would require the Department of Housing Preservation and Development (HPD) to submit periodic reports to the Council regarding city-financed affordable housing projects involving the disposition of city property. The reports would be due every six months and would include, for each project, the project identifier and location, the date the developer was selected by HPD, the date the project received ULURP approval, whether the project includes any privately-owned parcels, the 6-month cycle during which the disposition of city property is expected to occur, and, for projects that have already closed, the actual closing date for such disposition.", "TextID": 78779, "Text": "Be it enacted by the Council as follows:\n \n\n Section 1. Section 26-901 of the administrative code of the city of New York is amended by adding new subdivisions f-1 and n-1 to read as follows:\n f-1. \"Disposition project\" means the construction of any residential building, residential facility, or residential structure that:\n (1) requires the sale, lease, exchange, or other disposition of real property of the city that is, or will be, under the jurisdiction of the department on the date of such sale, lease, exchange, or other disposition;\n (2) creates at least 1 dwelling unit; and\n (3) is funded in whole or in part by loans, grants, tax credits, subsidies, mortgages, debt forgiveness, or other thing of value allocated, conveyed, or expended by the city, other than tax exemptions, tax abatements, land conveyances for less than appraised value, as-of-right assistance or benefits, or any assistance or benefits for which the amount is based on an evaluation of as-of-right assistance or benefits for which such project would have been eligible.\n n-1. \"Sponsor\" means a person or combination of persons designated by the department to develop a disposition project. \n � 2. Chapter 10 of title 26 of the administrative code of the city of New York is amended by adding a new section 26-903.1 to read as follows: \n � 26-903.1 Reporting on disposition projects. a. No later than January 31, 2026, and every 6 months thereafter, the department shall submit to the council and publish online a report containing the following information about each disposition project: \n (1) The project identifier;\n (2) The borough, block, and lot numbers;\n (3) The date that the sponsor was designated by the department; \n (4) The date of approval of the sale, lease, exchange, or other disposition of real property, pursuant to section 197-c or section 197-d of the charter, or the date of waiver of the requirements set forth in sections 197-c and 197-d of the charter, pursuant to section 694 of the general municipal law, to such sale, lease, exchange, or other disposition;\n (5) Whether the disposition project includes privately-owned parcels;\n (6) If the sale, lease, exchange, or other disposition of real property has not occurred, the 6-month period during which such sale, lease, exchange, or other disposition is expected to occur; and\n (7) If the sale, lease, exchange, or other disposition of real property has occurred, the date of such sale, lease, exchange, or other disposition of such real property and the amount of city financial assistance received by the sponsor of such disposition project.\n b. The report due on January 31, 2026 shall include disposition projects where the date of approval of the sale, lease, exchange, or other disposition of real property, pursuant to section 197-c or section 197-d of the charter, or the date of waiver of the requirements set forth in sections 197-c and 197-d of the charter, pursuant to section 694 of the general municipal law, to such sale, lease, exchange, or other disposition, is after July 1, 2016 and before January 1, 2026.\n c. Each report due after January 31, 2026 shall include disposition projects where the date of approval of the sale, lease, exchange, or other disposition of real property, pursuant to section 197-c or section 197-d of the charter, or the date of waiver of the requirements set forth in sections 197-c and 197-d of the charter, pursuant to section 694 of the general municipal law, to such sale, lease, exchange, or other disposition is after July 1, 2016, and, for the report due on July 31 of each year, before the preceding July 1, and for the report due on January 31 of each year, before the preceding January 1. \n � 3. This local law takes effect immediately.\n\nSession 13\nEH \nLS #2759\n11/26/2024 11:45 PM\n\nSession 12\nKS\nLS #2759\n4/26/22 11:45 AM\n\n\n\n \n \n 1\n \n \n 1", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n\\viewkind4\\uc1\n\\ul\\v0\\par\nBe it enacted by the Council as follows:\\ulnone\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj Section 1. Section 26-901 of the administrative code of the city of New York is amended by adding new subdivisions f-1 and n-1 to read as follows:\\par\n\\ul f-1. \\ldblquote Disposition project\\rdblquote means the construction of any residential building, residential facility, or residential structure that:\\par\n(1) requires the sale, lease, exchange, or other disposition of real property of the city that is, or will be, under the jurisdiction of the department on the date of such sale, lease, exchange, or other disposition;\\par\n(2) creates at least 1 dwelling unit; and\\par\n(3) is funded in whole or in part by loans, grants, tax credits, subsidies, mortgages, debt forgiveness, or other thing of value allocated, conveyed, or expended by the city, other than tax exemptions, tax abatements, land conveyances for less than appraised value, as-of-right assistance or benefits, or any assistance or benefits for which the amount is based on an evaluation of as-of-right assistance or benefits for which such project would have been eligible.\\par\nn-1. \\ldblquote Sponsor\\rdblquote means a person or combination of persons designated by the department to develop a disposition project.\\ulnone \\ul\\par\n\\ulnone\\'a7 2. Chapter 10 of title 26 of the administrative code of the city of New York is amended by adding a new section 26-903.1 to read as follows: \\ul\\par\n\\'a7 26-903.1 Reporting on disposition projects. a. No later than January 31, 2026, and every 6 months thereafter, the department shall submit to the council and publish online a report containing the following information about each disposition project: \\par\n(1) The project identifier;\\par\n(2) The borough, block, and lot numbers;\\par\n(3) The date that the sponsor was designated by the department; \\par\n(4) The date of approval of the sale, lease, exchange, or other disposition of real property, pursuant to section 197-c or section 197-d of the charter, or the date of waiver of the requirements set forth in sections 197-c and 197-d of the charter, pursuant to section 694 of the general municipal law, to such sale, lease, exchange, or other disposition;\\par\n(5) Whether the disposition project includes privately-owned parcels;\\par\n(6) If the sale, lease, exchange, or other disposition of real property has not occurred, the 6-month period during which such sale, lease, exchange, or other disposition is expected to occur; and\\par\n(7) If the sale, lease, exchange, or other disposition of real property has occurred, the date of such sale, lease, exchange, or other disposition of such real property and the amount of city financial assistance received by the sponsor of such disposition project.\\par\nb. The report due on January 31, 2026 shall include disposition projects where the date of approval of the sale, lease, exchange, or other disposition of real property, pursuant to section 197-c or section 197-d of the charter, or the date of waiver of the requirements set forth in sections 197-c and 197-d of the charter, pursuant to section 694 of the general municipal law, to such sale, lease, exchange, or other disposition, is after July 1, 2016 and before January 1, 2026.\\par\nc. Each report due after January 31, 2026 shall include disposition projects where the date of approval of the sale, lease, exchange, or other disposition of real property, pursuant to section 197-c or section 197-d of the charter, or the date of waiver of the requirements set forth in sections 197-c and 197-d of the charter, pursuant to section 694 of the general municipal law, to such sale, lease, exchange, or other disposition is after July 1, 2016, and, for the report due on July 31 of each year, before the preceding July 1, and for the report due on January 31 of each year, before the preceding January 1. \\par\n\\ulnone\\'a7 3. This local law takes effect immediately.\\par\n\\pard\\ltrpar\\sl252\\slmult1\\qj\\lang9\\ul\\fs18 Session 13\\par\n\\pard\\ltrpar\\qj\\ulnone EH \\par\nLS #2759\\par\n11/26/2024 11:45 PM\\ul\\par\n\\par\nSession 12\\par\n\\ulnone KS\\par\nLS #2759\\par\n4/26/22 11:45 AM\\par\n\\lang1033\\par\n\\pard\\ltrpar\\par\n\\par\n\\pard\\ltrpar\\fi720\\fs24\\par\n\\par\n}\n", - "LastModified": "2024-12-05T17:20:31.483Z" + "LastModified": "2024-12-05T18:33:43.407Z" } diff --git a/introduction/2024/0967.json b/introduction/2024/0967.json index e0c2b8c7b..4260c1568 100644 --- a/introduction/2024/0967.json +++ b/introduction/2024/0967.json @@ -90,6 +90,11 @@ "ID": 7823, "Slug": "chi-a-osse", "FullName": "Chi A. Ossé" + }, + { + "ID": 7865, + "Slug": "kristy-marmorato", + "FullName": "Kristy Marmorato" } ], "History": [ @@ -126,14 +131,14 @@ "Attachments": [ { "ID": 302817, - "LastModified": "2024-10-31T14:40:14.233Z", + "LastModified": "2024-12-05T18:03:08.647Z", "Name": "Summary of Int. No. 967", "Link": "https://nyc.legistar1.com/nyc/attachments/872a79c7-c3cb-4704-a2ee-54e3bae6ff95.docx", "Sort": 1 }, { "ID": 302816, - "LastModified": "2024-07-25T18:23:19.267Z", + "LastModified": "2024-12-05T18:03:19.49Z", "Name": "Int. No. 967", "Link": "https://nyc.legistar1.com/nyc/attachments/536202bd-62f2-4462-8f30-b3bb91549984.docx", "Sort": 2 @@ -157,5 +162,5 @@ "TextID": 77996, "Text": "Be it enacted by the Council as follows:\n\tSection 1. Section 17-326 of the administrative code of the city of New York, as amended by local law number 203 for the year 2019, is amended to read as follows:\n � 17-326 Definitions. Whenever used in this subchapter, the following terms have the following meanings: \n ASPCA. The term \"ASPCA\" means the American Society for the Prevention of Cruelty to Animals. \n [Carriage horse. The term \"carriage horse\" means any horse which is used by its owner or any other person to pull any vehicle, carriage, sled, sleigh or other device in exchange for a fee. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed to be a carriage horse for the purposes of this subchapter. A horse used for any other purpose shall not be deemed to be a carriage horse for the purposes of this subchapter.\n Equine heat index. The term \"equine heat index\" means the sum of the air temperature, in degrees Fahrenheit, and the relative humidity at a particular point in time.] \n Owner. The term \"owner\" means the owner of a horse [which] that is required to be licensed pursuant to this subchapter and the owner of a rental horse business in which such horse is used. \n [Person. The term \"person\" means an individual, partnership, corporation, association or other legal entity. \n Relative humidity. The term \"relative humidity\" means the value, expressed as a percentage, determined by a device designed to measure relative humidity.] \n Rental horse. The term \"rental horse\" means a horse [which] that is used in a rental horse business. \n Rental horse business. The term \"rental horse business\" means a business enterprise [which] that provides or offers the use of a horse to the public for a fee for the purpose of riding [or drawing a horse drawn vehicle or which operates a horse drawn vehicle for hire such as a horse drawn cab]. \n Riding horse. The term \"riding horse\" means a horse [which] that is available to the public for a fee for the purpose of riding. \n Stable. The term \"stable\" means any place, establishment, or facility where one or more rental horses are housed or maintained. \n Under tack. The term \"under tack\" means that a horse is equipped for riding [or driving]. \n Veterinarian. The term \"veterinarian\" means a person licensed to practice veterinary medicine in the state of New York. \n Work. A horse is considered to be at \"work\" when it is out of its stable and presented to the public as being available for riding[, pulling carriages, vehicles or other devices,] or when it is saddled [or in harness] or [when it is] being ridden [or is pulling a carriage, vehicle or device]. \n � 2. Subdivisions b and e of section 17-327 of the administrative code of the city of New York, and subdivision d of such section, as amended by local law number 80 for the year 2020, are amended to read as follows:\n b. A license shall be issued for a term of [one] 1 year from the date of issuance thereof and shall be renewed prior to the expiration of such term; provided, however, that no new application for a license for a horse used in the operation of a horse drawn cab shall be accepted after May 31, 2026, and that a valid unexpired license may be renewed for a limited term and shall expire no later than June 1, 2026.\n d. Application for a license or the renewal of a license shall be made to the department [of health and mental hygiene]. Such application shall contain the name and address of the owner of the horse and of the owner of the rental horse business in which such horse is to be used if such person is not the owner of the horse, the age, sex, color, markings, and any other identifying marks such as brands or tattoos of the horse, the location of the stable where the horse is to be kept, and any other information [which] that the commissioner [of health and mental hygiene] may require. An application with respect to a horse which is used in the operation of a \"horse drawn cab\" [as defined in subchapter twenty-one of chapter two of title twenty of this code] shall include the identification number required to be inscribed on such [horses] horse's hoof pursuant to [the rules and regulations of the department of consumer and worker protection] subdivision a of section 17-328 and the rules of the commissioner. The application shall be accompanied by the license or renewal fee. \n e. No license shall be transferable. 1. Upon the transfer of ownership of any horse to a new owner, the new owner shall obtain a license for such horse within [fifteen] 15 days after the date of the transfer of ownership; provided, however, that a license for a horse used in the operation of a horse drawn cab shall be surrendered to the commissioner by the former owner. Notwithstanding subdivision b of this section, a new owner shall be eligible for a license for a horse used in the operation of a horse drawn cab and for the renewal of such license, provided that such license shall expire on June 1, 2026.\n 2. The holder of a license for a horse used in the operation of a horse drawn cab who retains such license and is eligible for renewal pursuant to subdivision b shall be permitted to substitute or replace a licensed horse that is lame, suffers from a physical condition or other illness making it unsuitable for work, or that retires, with another licensed horse, and maintain the number of licenses for a horse or horses used in the operation of a horse drawn cab that such licensee holds, provided that such licensee has complied with the requirements of section 17-329.\n � 3. Section 17-329 of the administrative code of the city of New York is amended to read as follows:\n � 17-329 Disposition of licensed horse. a. The owner of a licensed horse shall notify the department [shall be notified] of the [transfer of ownership or other] proposed disposition of a licensed horse [within ten] at least 5 days [thereafter] prior to the proposed disposition. Such notice shall include the date of the proposed disposition and [if sold in New York city,] the name [and], address, and telephone number of the prospective buyer or other transferee, the certification required pursuant to subdivision b of this section, and such other information as the commissioner may prescribe.\n b. A licensed horse shall not be [sold or] disposed of except in a humane manner, which, for the purposes of this subchapter, shall mean a licensed horse may not be sold or otherwise transferred to a person for purposes of slaughter, resale for slaughter, or holding or transport for slaughter, or for use in a horse drawn cab business. The owner of a licensed horse shall provide a statement in a form prescribed by the commissioner certifying that such horse will be sold or otherwise transferred not for purposes of slaughter, resale for slaughter, or holding or transport for slaughter, or for use in a horse drawn cab business, or any other inhumane purpose.\n c. The department shall conduct outreach to owners of licensed horses to inform them of their obligation to dispose of such horses in a humane manner as required by this section. Such outreach shall include information on individuals and organizations that are capable of receiving or acquiring such horses in a humane manner for humane purposes.\n � 4. Section 17-330 of the administrative code of the city of New York, as added by local law number 2 for the year 1994, subdivisions b, c, g, l, n, p, q, and r of such section as amended by local law number 10 for the year 2010, subdivision j of such section as amended by local law number 80 for the year 2020, and subdivision o of such section as amended by local law number 203 for the year 2019, is amended to read as follows:\n � 17-330 Regulations. a. The commissioner, with the advice of the advisory board as hereinafter established, shall promulgate such regulations as are necessary to carry out the provisions of this subchapter and to promote the health, safety, and [well being] well-being of the horses [which] that are required to be licensed hereunder and of members of the public who hire such horses. \n b. [1.] Horses shall not be left untethered or unattended except when confined in a stable or other enclosure. When tethered, all horses shall be secured by the use of a rope attached to the halter, not to the bit or bridle. \n [2. Horse bridles and halters shall be used on carriage horses at all times when operating a carriage.] \n c. [Standing stalls for carriage horses shall be sixty square feet or larger, with a minimum width of seven feet, and shall be configured to permit a carriage horse to turn around and safely lay down within the stall.] Horses shall be un-tied when stabled. A halter shall be on the horse or hung outside each stall at all times. \n d. Horses shall be adequately quartered. Stables and stalls shall be clean and dry and sufficient bedding of straw, shavings, or other suitable materials shall be furnished and changed as often as necessary to maintain them in a clean and dry condition. Adequate heating and ventilation shall be maintained in stables as prescribed by the commissioner. \n e. Owners shall insure that appropriate and sufficient food and drinking water are available for each horse and that while working each horse is permitted to eat and drink at reasonable intervals. \n f. Owners shall not allow a horse to be worked on a public highway, path, or street during adverse weather or other dangerous conditions [which] that are a threat to the health or safety of the horse. A horse being worked when such conditions develop shall be immediately returned to the stable by the most direct route. \n g. [1. Carriage horses shall not be at work for more than nine hours in any continuous twenty-four hour period.] Riding horses shall not be at work for more than [eight] 8 hours in any continuous [twenty-four hour] 24-hour period. Rest periods for [carriage horses and] riding horses shall be of such duration and at such intervals as the commissioner shall prescribe[, but rest periods for carriage horses shall in no event be for less than fifteen minutes after each two hour working period, and the time of such rest period shall be included in calculating the number of hours the horse has worked in any twenty-four hour period. During such rest periods, the person in charge of such carriage horses shall make fresh water available to the horse. \n 2. Carriage horses shall receive no less than five weeks of vacation or furlough every twelve months at a horse stable facility which allows daily access to paddock or pasture turnout. Proof of such vacation or furlough shall be provided upon request to the department and/or the ASPCA.] \n h. [Carriage horses shall not be driven at a pace faster than a trot.] Riding horses may be ridden at a canter but shall not be galloped. \n i. Horses shall be suitably trimmed or shod, and saddles, bridles, bits, road harnesses, and any other equipment used on or with a horse at work shall be maintained and properly fitted as prescribed by regulation of the commissioner. \n j. Stables in which horses used in a rental horse business are kept shall be open for inspection by authorized officers, veterinarians, and employees of the department, and any persons designated by the commissioner to enforce the provisions of this subchapter, agents of the ASPCA, police officers, and employees of the department of consumer and worker protection. \n k. An owner shall be jointly liable with the person to whom a horse is rented for any violation of this subchapter or of any regulations promulgated hereunder committed by such person if the owner had knowledge or notice of the act which gave rise to the violation at the time of or prior to its occurrence or under the circumstances should have had knowledge or notice of such act and did not attempt to prevent it from occurring. \n l. An owner of a rental horse business shall keep such records as the commissioner [of health] shall prescribe including but not limited to a consecutive daily record of the movements of each licensed horse including the driver's name and identification number, if applicable, rider's name, the horse's identification number, vehicle license plate number, if applicable, time of leaving stable and time of return to stable. An owner of a rental horse business shall also keep written protocols for emergencies, including but not limited to primary and secondary emergency contact information for each horse owner and insurance company information, if applicable. Such records shall be kept on the premises of the stable where the horses are kept and shall be available for inspection. The commissioner may[, in his or her discretion,] require a time clock, date stamp, or time stamp where [such commissioner believes it is] appropriate. \n m. A horse required to be licensed pursuant to this subchapter which is lame or suffers from a physical condition or illness making it unsuitable for work may be ordered to be removed from work by the commissioner or [his or her] their designee or by an agent of the ASPCA or a veterinarian employed or retained by [such] the commissioner or ASPCA to inspect licensed horses. A horse for which such an order has been issued shall not be returned to work until it has recovered from the condition which caused the issuance of the order or until such condition has improved sufficiently that its return to work will not aggravate the condition or otherwise endanger the health of the horse. In any proceeding, under this section it shall be presumed that a horse which is found at work within [forty-eight] 48 hours after the issuance of an order of removal and which is disabled by the same condition which caused such order to be issued has been returned to work in violation of this section. Such presumption may be rebutted by offering a certificate of a veterinarian indicating suitability to return to work prior to the expiration of the [forty-eight hour] 48-hour period. \n n. Every horse required to be licensed hereunder shall be examined by a veterinarian prior to its use in a rental horse business, at time of each license renewal, and thereafter at intervals of not less than [four] 4 months and not greater than [eight] 8 months. The examination shall include the general physical condition of the horse, its teeth, hoofs and shoes, its stamina and physical ability to perform the work or duties required of it, and whether it is current on vaccinations, including those for rabies, Eastern/Western equine encephalitis, West Nile virus, Rhinopneumonitis virus, and tetanus, or any other vaccinations the [Commissioner] commissioner may require by rule. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or humane correction or disposition of the same. A signed health certificate by the examining veterinarian shall be maintained at the stable premises at which such horse is located and shall be displayed on the outside of [the] such horse's individual stall. An original of said certificate shall be mailed by the examining veterinarian to the department. \n [o. 1. Carriage horses shall not be worked whenever the air temperature is 18 degrees fahrenheit or below. \n 2. Carriage horses shall not be worked whenever (i) the air temperature is 90 degrees Fahrenheit or above, or (ii) the air temperature is 80 degrees Fahrenheit or above and the equine heat index is 150 or above. \n 3. For purposes of this subdivision, air temperatures shall be those measured by a state-of-the-art thermometer, as determined by the commissioner. Relative humidity shall be determined by a state-of-the-art hygrometer or any other device having the same capability to measure relative humidity, as determined by the commissioner. Air temperatures and relative humidity shall be measured by the commissioner or the commissioner's designee at street level at one of the stands designated pursuant to section 19-174. \n 4. If either of the limits set by paragraph 2 of this subdivision are exceeded during the course of a particular ride, at the ride's conclusion, but no later than one-half hour after either of these limits are exceeded, the operator must immediately cease working, move the horse to an area of shelter, where available, rest the horse and then walk it directly to its stable. All horses so returned to their stable must be unbridled and unharnessed and remain at the stable for at least one hour, and thereafter, until such time as the weather conditions shall once again reach acceptable limits. \n 5. No violation of this subdivision shall occur unless a written warning of violation is first issued by the authorized enforcement personnel to the operator advising that either of the limits set in paragraph 2 of this subdivision have been exceeded and directing that the operator cease working a carriage horse in accordance with the provisions of this subdivision. A violation of this subdivision may be issued if an operator fails to comply with the direction contained in the written warning of violation. Failure to comply with such direction shall not be construed as a separate violation.\n p. Every carriage horse required to be licensed hereunder shall be equipped with a manure catching device. Such devices shall be affixed or attached to the carriage and shall at no time be affixed or attached to the horse.\n q. Carriage horses shall not be younger than five years at the time placed into service in any rental horse business and licensed. No carriage horse older than 26 years of age shall be licensed to work in a rental horse business. Acceptable proof of age shall include a signed letter from a licensed veterinarian stating the horse's age, a certificate from an officially recognized national registry of horses stating the horse's age, or another industry approved method of certifying age. \n r. Owners shall insure that during the months of November through April every carriage is equipped with a heavy winter horse blanket large enough to cover the horse from crest of neck to top of rump. Such blankets shall be used to cover carriage horses in cold weather. Waterproof horse blankets of a lighter material shall be provided at all times to cover the horse from withers to tail during periods of wet weather when the air temperature is 55 degrees or below.] \n � 5. Paragraph 1 of subdivision a of section 17-331 of the administrative code of the city of New York is amended to read as follows:\n 1. Two members shall be appointed from among the owners of rental horse businesses operating within the city[, one of whom] who shall be representative of the interests of owners of riding horses [and one of whom shall be representative of the interests of owners of carriage horses].\n � 6. Section 17-334 of the administrative code of the city of New York, subdivision a of such section as amended by local law number 80 for the year 2020, is amended to read as follows:\n � 17-334 Construction. a. [The provisions of this subchapter shall not be construed to supersede or affect any of the provisions of subchapter twenty-one of chapter two of title twenty of the code relating to a \"horse drawn cab\" as defined therein or any of the regulations of the commissioner of consumer and worker protection promulgated thereunder.\n b.] The provisions of this subchapter shall not be construed to permit the possession or use of a horse in any area where such possession or use is prohibited by any other law, rule, or regulation.\n [c.] b. The provisions of this subchapter shall not be construed to prohibit the ASPCA or the department from enforcing any provision of law, rule, or regulation relating to the humane treatment of animals with respect to any horse regardless of whether such horse is required to be licensed pursuant to the provisions of this subchapter. \n � 7. Section 17-334.1 of the administrative code of the city of New York is REPEALED.\n � 8. Section 19-174 of the administrative code of the city of New York is REPEALED. \n � 9. Section 20-371 of the administrative code of the city of New York, as amended by local law number 31 for the year 1995, is amended to read as follows: \n � 20-371 Licensing of sight-seeing buses[, horse drawn cabs and horse drawn cab drivers]. Legislative findings. The legislative findings heretofore made in relation to the business of sight-seeing buses [and horse drawn cabs] in the city of New York and set forth in local law number [ten] 10 of [nineteen hundred sixty-four] 1964 continue to be valid; such businesses are vested with a public interest and their regulation and control continue to be necessary and essential in order to cope with certain evils and hazards which existed in the absence of governmental supervision. The supervision formerly was reposed in the police commissioner, but recent experience and study indicate that jurisdiction over such businesses should be transferred to the commissioner. [It is further found that the present number of horse drawn cabs licensed in the city of New York is adequate to meet the public need and demand and should be preserved, unless the commissioner finds that additional licenses are necessary and advisable.] \n � 10. Section 20-372 of the administrative code of the city of New York, as amended by local law number 3 for the year 2001, is amended to read as follows:\n � 20-372 Definitions. Whenever used in this subchapter, the following terms [shall mean] have the following meanings: \n \t\"Certificate of conformity\" shall mean that document issued by the Administrator of the United States environmental protection agency pursuant to section 206(a) of the Clean Air Act of 1990, 42 U.S.C. �7525(a), reflecting such Administrator's determination that an engine conforms to emissions standards and other regulations issued under section 202 of the Clean Air Act of 1990, 42 U.S.C. �7521, as well as the terms and the time periods prescribed thereon, and as such laws and such regulations may be amended from time to time.\n \"Fleet\" shall mean a group of vehicles owned or operated by the same person.\n \"Inspection card\" shall designate the card issued by the commissioner for the sight-seeing bus licensed, which card shall display the license number and capacity of such vehicle.\n [1] \"Owner\" shall include any person, firm, partnership, corporation, or association owning and operating a sight-seeing bus or buses, [or horse drawn cab or cabs] and shall include a purchaser under a reserve title contract, conditional sales agreement or vendor's agreement and the lessee of such vehicle or vehicles under a written lease or similar contract provided such purchaser or lessee of sight-seeing bus or buses shall be entitled to obtain in his or her name a license or licenses therefor from the commissioner of motor vehicles of the state of New York.\n \t[2. \"Sight-seeing bus license\" shall designate the license issued by the commissioner for each sight-seeing bus.]\n [3. \"Inspection card\" shall designate the card issued by the commissioner for the sight-seeing bus licensed or horse drawn cab licensed, which card shall display the license number and capacity of such vehicle.]\n [4] \"Sight-seeing bus\" shall mean a motor vehicle designed to comfortably seat and carry eight or more passengers operating for hire from a fixed point in the city of New York to a place or places of interest or amusements, and shall also include a vehicle, designed as aforesaid which by oral or written contract is let and hired or otherwise engaged for its exclusive use for a specific or special trip or excursion from a starting point within the city of New York. \n \t[5. \"Horse drawn cab\" shall mean a horse drawn vehicle operating for hire, so designed and constructed to comfortably seat not more than four adults, or two adults and four children, each of whom is under twelve years of age, or three adults and two children, each of whom is under twelve years of age, in the interior thereof. \n 6. \"Horse drawn cab driver\" shall include any person licensed to drive a horse drawn cab in the city of New York.\n \t 7. \"Horse drawn cab license\" shall designate the license issued by the commissioner for each horse drawn cab.\n \t8. \"Horse drawn cab driver's license\" shall designate the license issued by the commissioner for a driver of a horse drawn cab.]\n \t[9 \"Certificate of conformity\" shall mean that document issued by the Administrator of the United States environmental protection agency pursuant to section 206(a) of the Clean Air Act of 1990, 42 U.S.C. �7525(a), reflecting such Administrator's determination that an engine conforms to emissions standards and other regulations issued under section 202 of the Clean Air Act of 1990, 42 U.S.C. �7521, as well as the terms and the time periods prescribed thereon, and as such laws and such regulations may be amended from time to time.\n 10 \"Fleet\" shall mean a group of vehicles owned or operated by the same person.]\n [11] \"Sight-seeing bus driver\" shall mean any natural person who operates a sight-seeing bus in the city of New York.\n \"Sight-seeing bus license\" shall designate the license issued by the commissioner for each sight-seeing bus.\n � 11. Section 20-373 of the administrative code of the city of New York, subdivision d of such section as added by local law number 2 for the year 1994, is amended to read as follows: \n � 20-373 License required; fee; term. a. It shall be unlawful to operate or permit another to operate for hire a sight-seeing bus [or horse-drawn cab] within the city unless the owner shall have first obtained a license therefor from the commissioner. [An applicant for a horse-drawn cab license shall be at least eighteen years of age.]\n b. Fees. The original and renewal license fee for each sight-seeing bus shall be [fifty dollars and for each horse-drawn cab shall be fifty dollars] $50.\n [c. The commissioner shall not renew any horse-drawn cab license in the event that he or she shall determine that the horse-drawn cab has not been operated for at least four months during the preceding license year, provided that such failure to operate shall not have been caused by strike, riot, war or other public catastrophe. However, in the event that it is shown to the commissioner by competent proof that the licensee has been disabled through illness or has been unable to operate the horse-drawn cab because of other cause beyond his or her control, the commissioner may renew such license.\n d. The commissioner may refuse to renew any horse drawn cab license in the event that he or she determines that the holder of the horse drawn cab license has demonstrated a disregard for the provisions of this subchapter as illustrated by repeated violations of such provisions.] \n � 12. Section 20-374 of the administrative code, subdivisions d and e of such section as added by local law number 175 for the year 2018, is amended to read as follows:\n � 20-374 Granting and transferring of licenses. a. Any person, firm, partnership, corporation, or association[,] owning or operating a sight-seeing bus[,] or buses [, or horse-drawn cab, or cabs] engaging in the business of transporting passengers in, about, over, and upon any of the streets, avenues, bridges, highways, boulevards, or public places within the limits of the city [of New York,] shall be issued a license for each bus [or cab] so operating, provided, however any such person, firm, partnership, corporation, or association owning or operating a sight-seeing bus or buses shall first have obtained a license or licenses, as he or she shall be entitled to receive from the commissioner of motor vehicles of the state of New York as made and provided by law. \n b. It shall be unlawful for a license, after being issued by the commissioner, to be transferred to any person, firm, partnership, corporation, or association for any cause whatsoever[, except that licenses for horse-drawn cabs may be transferred with the approval of the commissioner. Upon voluntary sale or transfer of a licensed horse-drawn cab by the holder of a license or his or her legal representative, the licensee shall immediately notify the commissioner of his or her intention to replace such horse-drawn cab, or shall surrender his or her license. If the license is surrendered, the vendee or transferee may make application to the commissioner for the licensing of the horsedrawn cab so purchased. A new license shall then be issued by the commissioner in place of the license so surrendered, provided the applicant has demonstrated to the satisfaction of the commissioner that he or she is qualified to assume the duties and obligations of a horse-drawn cab license].\n c. [The commissioner shall issue additional licenses only after conducting a public hearing to determine whether the public convenience, welfare and necessity require the operation of additional horse-drawn cabs. The public hearing shall be called upon his or her own motion or upon written request by any applicant. Notice of such public hearing shall be published in the City Record once a week for two consecutive weeks and shall be mailed to all current licensees. If the commissioner shall determine that additional horse-drawn cabs are necessary and advisable, he or she shall certify the number of new licenses to be granted. Not more than one such public hearing shall be held during any calendar year and the commissioner may refuse to consider any request if it appears that a recent public hearing has adequately considered the question. In making his or her determination, the commissioner shall consider among other things, the income of the driver, the income of the owner, the effect upon traffic, and the public demand. The new licenses which are granted shall be allocated to the then existent licensees in the ratio of the number of licenses held by the licensee to the total number of licenses issued and in effect. If a licensee does not accept his or her allotted number within sixty days, his or her additional licenses shall be allocated in the same manner among the remaining licensees. If the number of additional licenses authorized is insufficient to permit such allocation, then the distribution among those licensees entitled to the smallest number of additional licenses shall be made so that priority shall be given to those who have been uninterruptedly licensed for the longest period. New applicants for such additional licenses shall be considered only when the present licensees refuse to accept their allocation of licenses in the manner provided above. The distribution of such additional licenses to new applicants shall be in the order of their filing, provided however that each new applicant shall not be entitled to more than one such additional license until each new applicant who has filed at the time of distribution and who is otherwise eligible has received one license.]\n [d.] An owner of a sight-seeing bus company applying for or renewing a license issued pursuant to subdivision a of this section shall first obtain written authorization from the commissioner of transportation for all designated on-street bus stops for the pickup and discharge of passengers in order to be eligible for the issuance or renewal of such license. Sight-seeing bus owners shall, in the event that a written authorization required by this subdivision is modified or revoked by the commissioner of transportation, notify the commissioner within [five] 5 days of receiving notice of such modification or revocation. \n [e.] d. An owner of a sight-seeing bus company that does not have a written authorization from the commissioner of transportation because such sight-seeing bus company does not require on-street bus stops for its operations, shall provide the department with information on whether (i) such sight-seeing bus company engages in the pickup or discharge of passengers at various locations in the city, and if so, then (ii) such owner of a sight-seeing bus company shall provide to the department a list of all such passenger pick up and discharge locations. \n\t� 13. Subchapter 21 of chapter 2 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-374.1 to read as follows:\n � 20-374.1 Horse drawn cab licenses and license plates. Notwithstanding sections 20-374 and 20-375, the commissioner shall not issue a new license for a horse drawn cab nor accept an application for such license. A valid unexpired license may be renewed for a limited term, and shall expire no later than June 1, 2026.\t\n � 14. Section 20-375 of the administrative code of the city of New York, as amended by local law number 2 for the year 1994, is amended to read as follows:\n � 20-375 License plate. Upon the payment of the license fee the commissioner shall issue a license to the owner of the sightseeing bus [or horse drawn cab] together with a license plate to be securely affixed to a conspicuous and indispensable part of such sightseeing bus [or securely and conspicuously affixed to the rear axle of such horse drawn cab], on which shall be clearly set forth the license number of such sightseeing bus [or horse drawn cab]. The license plate issued to the licensee may, in the discretion of the commissioner, be a plate of a permanent nature with a replaceable date tag attached thereto, indicating the expiration date of the plate during each license year and the issuance of such a plate with such date tag to a person possessing such a plate, shall be deemed issuance of a license plate. Such license plate and the replaceable date tag to be issued from year to year to be attached thereto, shall be of such material, form, design, and dimension and set forth such distinguishing number or other identification marks as the commissioner shall prescribe. The commissioner upon renewal of the license hereunder, may continue the use of the license plate for as many additional license years as [he or she in his or her discretion] the commissioner may determine, in which event [he or she] the commissioner shall issue and deliver to the licensee a replaceable date tag as evidence of renewal of the license, which shall be attached or affixed in such manner as he or she may prescribe by rule. The failure to affix or display such date tag in a manner prescribed by the commissioner shall constitute a violation of this section. In the event of the loss, mutilation, or destruction of any license plate or date tag issued hereunder, the owner may file such statement and proof of facts as the commissioner shall require, with a fee of [twenty-five dollars] $25, at the department, and the department shall issue a duplicate or substitute license plate or date tag.\n � 15. Sections 20-377 and 20-377.1 of the administrative code of the city of New York are REPEALED. \n � 16. Section 20-378 of the administrative code of the city of New York is amended to read as follows:\n � 20-378 Periodic inspection. The license department shall cause all sight-seeing buses [and horse-drawn cabs] now, or hereafter licensed, to be inspected at least once every [four] 4 months. The date of such inspection and the signature of the person making the inspection shall be recorded upon the inspection card in the spaces provided therefor.\n � 17. Section 20-379 of the administrative code of the city of New York is amended to read as follows:\n � 20-379 Form of inspection card. The commissioner shall prescribe an appropriate form of inspection card for sight-seeing buses [and horse-drawn cabs] and the manner in which such card and the sight-seeing bus driver's [and horse-drawn cab driver's] identification cards shall be displayed.\n � 18. Sections 20-380, 20-381, 20-381.1, 20-381.2, 20-382 and subdivisions b, c, and d of section 20-383 of the administrative code of the city of New York are REPEALED. \n � 19. Subdivision 20-381 of the administrative code of the city of New York, subdivision f of such section as added by local law number 10 for the year 2010, is amended by adding a new subdivision g to read as follows:\n g. No further horse drawn cab driver's license shall be issued nor application for such license accepted. A valid unexpired license may be renewed for a limited term, and shall expire no later than June 1, 2026.\n � 20. Section 24-330 of the administrative code of the city of New York is amended to read as follows: \n � 24-330 Watering horses. a. Within the city, all publicly owned watering troughs, and those erected or maintained by the American Society for the prevention of cruelty to animals, shall be provided with the necessary piping and fixtures to enable the filling of pails with water therefrom, or otherwise modified in construction so as to meet the requirements of the board of health. The supply of water for such troughs shall be furnished by the department of environmental protection. All other horse-watering troughs on streets and public places in the city shall likewise be provided with the piping and fixtures necessary to enable the filling of pails with water, and the use of the water for that purpose shall be paid for. All horse-watering stations in streets and public places hereafter constructed or operated, shall conform to the provisions of this section. It shall be unlawful to draw water from such fixtures except to water horses or other animals. It shall be unlawful to tamper with such fixtures. \n b. [Every commercial vehicle to which a horse is attached, while on the public thoroughfares of the city, must be provided with a watering pail, which shall be used for the purpose of watering or feeding the horse or horses attached to the vehicle.] \n [c.] The provisions of this section shall not prevent the establishment of temporary relief stations for watering horses in conformity with such requirements as may be imposed by the board of health, with the consent of the commissioner. \n � 21. Subchapter 21 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-374.2 to read as follows: \n � 20-374.2. Workforce development program. The department shall collaborate with the mayor's office of talent and workforce development to administer a workforce development program for horse drawn cab drivers and other workers engaged in the business of operating such horse drawn cabs. Such program shall be designed to facilitate the transition of such drivers and workers to other fields of employment. The department shall provide information about this program to all persons licensed to drive a horse drawn cab.\n � 22. This local law takes effect 90 days after it becomes law, except that:\n a. Sections one, four, five, six, seven, eight, nine, ten, eleven, twelve, fourteen, fifteen, sixteen, seventeen, eighteen, and twenty take effect on June 1, 2026; \n b. Sections thirteen and nineteen take effect 90 days after this local law becomes law and expire and are deemed repealed on June 1, 2026; and\n c. Section twenty-one takes effect 90 days after this local law becomes law and expires and is deemed repealed on June 1, 2028.\n \n \nSession 13\nLS# 6327\nMC\n6/5/2025 1:30pm\n\nSession 12\nLS# 6327\n3/23/22\n5", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n{\\colortbl ;\\red0\\green0\\blue0;\\red33\\green37\\blue41;}\n\\viewkind4\\uc1\n\\v0\\par\n\\pard\\ltrpar\\sl480\\slmult1\\qj\\ul Be it enacted by the Council as follows:\\ulnone\\tab Section 1. Section 17-326 of the administrative code of the city of New York, as amended by local law number 203 for the year 2019, is amended to read as follows:\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\'a7 17-326 Definitions. Whenever used in this subchapter, the following terms have the following meanings: \\par\nASPCA. The term \"ASPCA\" means the American Society for the Prevention of Cruelty to Animals. \\par\n[Carriage horse. The term \"carriage horse\" means any horse which is used by its owner or any other person to pull any vehicle, carriage, sled, sleigh or other device in exchange for a fee. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed to be a carriage horse for the purposes of this subchapter. A horse used for any other purpose shall not be deemed to be a carriage horse for the purposes of this subchapter.\\par\nEquine heat index. The term \"equine heat index\" means the sum of the air temperature, in degrees Fahrenheit, and the relative humidity at a particular point in time.] \\par\nOwner. The term \"owner\" means the owner of a horse [which] \\ul that\\ulnone is required to be licensed pursuant to this subchapter and the owner of a rental horse business in which such horse is used. \\par\n[Person. The term \"person\" means an individual, partnership, corporation, association or other legal entity. \\par\nRelative humidity. The term \"relative humidity\" means the value, expressed as a percentage, determined by a device designed to measure relative humidity.] \\par\nRental horse. The term \"rental horse\" means a horse [which] \\ul that\\ulnone is used in a rental horse business. \\par\nRental horse business. The term \"rental horse business\" means a business enterprise [which] \\ul that\\ulnone provides or offers the use of a horse to the public for a fee for the purpose of riding [or drawing a horse drawn vehicle or which operates a horse drawn vehicle for hire such as a horse drawn cab]. \\par\nRiding horse. The term \"riding horse\" means a horse [which] \\ul that\\ulnone is available to the public for a fee for the purpose of riding. \\par\nStable. The term \"stable\" means any place, establishment\\ul ,\\ulnone or facility where one or more rental horses are housed or maintained. \\par\nUnder tack. The term \"under tack\" means that a horse is equipped for riding [or driving]. \\par\nVeterinarian. The term \"veterinarian\" means a person licensed to practice veterinary medicine in the state of New York. \\par\nWork. A horse is considered to be at \"work\" when it is out of its stable and presented to the public as being available for riding[, pulling carriages, vehicles or other devices,] or when it is saddled [or in harness] or [when it is] being ridden [or is pulling a carriage, vehicle or device]. \\par\n\\'a7 2. Subdivisions b and e of section 17-327 of the administrative code of the city of New York, and subdivision d of such section, as amended by local law number 80 for the year 2020, are amended to read as follows:\\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\sl480\\slmult1\\qj b. A license shall be issued for a term of [one] \\ul 1\\ulnone year from the date of issuance thereof and shall be renewed prior to the expiration of such term\\ul ; provided, however, that no new application for a license for a horse used in the operation of a horse drawn cab shall be accepted after May 31, 2026, and that a valid unexpired license may be renewed for a limited term and shall expire no later than June 1, 2026\\ulnone .\\par\nd. Application for a license or the renewal of a license shall be made to the department [of health and mental hygiene]. Such application shall contain the name and address of the owner of the horse and of the owner of the rental horse business in which such horse is to be used if such person is not the owner of the horse, the age, sex, color, markings\\ul ,\\ulnone and any other identifying marks such as brands or tattoos of the horse, the location of the stable where the horse is to be kept\\ul ,\\ulnone and any other information [which] \\ul that\\ulnone the commissioner [of health and mental hygiene] may require. An application with respect to a horse which is used in the operation of a \\ldblquote horse drawn cab\\rdblquote [as defined in subchapter twenty-one of chapter two of title twenty of this code] shall include the identification number required to be inscribed on such [horses] \\ul horse\\rquote s\\ulnone hoof pursuant to [the rules and regulations of the department of consumer and worker protection] \\ul subdivision a of section 17-328 and the rules of the commissioner\\ulnone . The application shall be accompanied by the license or renewal fee. \\par\ne. No license shall be transferable. \\ul 1.\\ulnone Upon the transfer of ownership of any horse to a new owner, the new owner shall obtain a\\b \\b0 license for such horse within [fifteen] \\ul 15\\ulnone days after the date of the transfer of ownership\\ul ; provided, however, that a license for a horse used in the operation of a horse drawn cab shall be surrendered to the commissioner by the former owner. Notwithstanding subdivision b of this section, a new owner shall be eligible for a license for a horse used in the operation of a horse drawn cab and for the renewal of such license, provided that such license shall expire on June 1, 2026\\ulnone .\\ul\\par\n2. The holder of a license for a horse used in the operation of a horse drawn cab who retains such license and is eligible for renewal pursuant to subdivision b shall be permitted to substitute or replace a licensed horse that is lame, suffers from a physical condition or other illness making it unsuitable for work, or that retires, with another licensed horse, and maintain the number of licenses for a horse or horses used in the operation of a horse drawn cab that such licensee holds, provided that such licensee has complied with the requirements of section 17-329.\\par\n\\ulnone\\'a7 3. Section 17-329 of the administrative code of the city of New York is amended to read as follows:\\par\n\\'a7 17-329 Disposition of licensed horse. \\ul a.\\ulnone The \\ul owner of a licensed horse shall notify the\\ulnone department [shall be notified] of the [transfer of ownership or other] \\ul proposed\\ulnone disposition of a licensed horse [within ten] \\ul at least 5\\ulnone days [thereafter] \\ul prior to the proposed disposition\\ulnone . Such notice shall include the date of \\ul the proposed\\ulnone disposition and [if sold in New York city,] the name [and]\\ul ,\\ulnone address\\ul , and telephone number\\ulnone of the \\ul prospective\\ulnone buyer or other transferee\\ul , the certification required pursuant to subdivision b of this section,\\ulnone and such other information as the commissioner may prescribe.\\par\n\\ul b.\\ulnone A \\ul licensed\\ulnone horse shall not be [sold or] disposed of except in a humane manner\\ul , which, for the purposes of this subchapter, shall mean a licensed horse may not be sold or otherwise transferred to a person for purposes of slaughter, resale for slaughter, or holding or transport for slaughter, or for use in a horse drawn cab business. The owner of a licensed horse shall provide a statement in a form prescribed by the commissioner certifying that such horse will be sold or otherwise transferred not for purposes of slaughter, resale for slaughter, or holding or transport for slaughter, or for use in a horse drawn cab business, or any other inhumane purpose.\\par\nc. The department shall conduct outreach to owners of licensed horses to inform them of their obligation to dispose of such horses in a humane manner as required by this section. Such outreach shall include information on individuals and organizations that are capable of receiving or acquiring such horses in a humane manner for humane purposes.\\par\n\\ulnone\\'a7 4. Section 17-330 of the administrative code of the city of New York, as added by local law number 2 for the year 1994, subdivisions b, c, g, l, n, p, q, and r of such section as amended by local law number 10 for the year 2010, subdivision j of such section as amended by local law number 80 for the year 2020, and subdivision o of such section as amended by local law number 203 for the year 2019, is amended to read as follows:\\par\n\\'a7 17-330 Regulations. a. The commissioner, with the advice of the advisory board as hereinafter established, shall promulgate such regulations as are necessary to carry out the provisions of this subchapter and to promote the health, safety\\ul ,\\ulnone and [well being] \\ul well-being\\ulnone of the horses [which] \\ul that\\ulnone are required to be licensed hereunder and of members of the public who hire such horses. \\par\nb. [1.] Horses shall not be left untethered or unattended except when confined in a stable or other enclosure. When tethered, all horses shall be secured by the use of a rope attached to the halter, not to the bit or bridle. \\par\n [2. Horse bridles and halters shall be used on carriage horses at all times when operating a carriage.] \\par\nc. [Standing stalls for carriage horses shall be sixty square feet or larger, with a minimum width of seven feet, and shall be configured to permit a carriage horse to turn around and safely lay down within the stall.] Horses shall be un-tied when stabled. A halter shall be on the horse or hung outside each stall at all times. \\par\nd. Horses shall be adequately quartered. Stables and stalls shall be clean and dry and sufficient bedding of straw, shavings\\ul ,\\ulnone or other suitable materials shall be furnished and changed as often as necessary to maintain them in a clean and dry condition. Adequate heating and ventilation shall be maintained in stables as prescribed by the commissioner. \\par\ne. Owners shall insure that appropriate and sufficient food and drinking water are available for each horse and that while working each horse is permitted to eat and drink at reasonable intervals. \\par\nf. Owners shall not allow a horse to be worked on a public highway, path\\ul ,\\ulnone or street during adverse weather or other dangerous conditions [which] \\ul that\\ulnone are a threat to the health or safety of the horse. A horse being worked when such conditions develop shall be immediately returned to the stable by the most direct route. \\par\ng. [1. Carriage horses shall not be at work for more than nine hours in any continuous twenty-four hour period.] Riding horses shall not be at work for more than [eight] \\ul 8\\ulnone hours in any continuous [twenty-four hour] \\ul 24-hour\\ulnone period. Rest periods for [carriage horses and] riding horses shall be of such duration and at such intervals as the commissioner shall prescribe[, but rest periods for carriage horses shall in no event be for less than fifteen minutes after each two hour working period, and the time of such rest period shall be included in calculating the number of hours the horse has worked in any twenty-four hour period. During such rest periods, the person in charge of such carriage horses shall make fresh water available to the horse. \\par\n2. Carriage horses shall receive no less than five weeks of vacation or furlough every twelve months at a horse stable facility which allows daily access to paddock or pasture turnout. Proof of such vacation or furlough shall be provided upon request to the department and/or the ASPCA.] \\par\nh. [Carriage horses shall not be driven at a pace faster than a trot.] Riding horses may be ridden at a canter but shall not be galloped. \\par\ni. Horses shall be suitably trimmed or shod, and saddles, bridles, bits, road harnesses\\ul ,\\ulnone and any other equipment used on or with a horse at work shall be maintained and properly fitted as prescribed by regulation of the commissioner. \\par\nj. Stables in which horses used in a rental horse business are kept shall be open for inspection by authorized officers, veterinarians\\ul ,\\ulnone and employees of the department, and any persons designated by the commissioner to enforce the provisions of this subchapter, agents of the ASPCA, police officers, and employees of the department of consumer and worker protection. \\par\nk. An owner shall be jointly liable with the person to whom a horse is rented for any violation of this subchapter or of any regulations promulgated hereunder committed by such person if the owner had knowledge or notice of the act which gave rise to the violation at the time of or prior to its occurrence or under the circumstances should have had knowledge or notice of such act and did not attempt to prevent it from occurring. \\par\nl. An owner of a rental horse business shall keep such records as the commissioner [of health] shall prescribe including but not limited to a consecutive daily record of the movements of each licensed horse including the driver's name and identification number, if applicable, rider's name, the horse's identification number, vehicle license plate number, if applicable, time of leaving stable and time of return to stable. An owner of a rental horse business shall also keep written protocols for emergencies, including but not limited to primary and secondary emergency contact information for each horse owner and insurance company information, if applicable. Such records shall be kept on the premises of the stable where the horses are kept and shall be available for inspection. The commissioner may[, in his or her discretion,] require a time clock, date stamp\\ul ,\\ulnone or time stamp where [such commissioner believes it is] appropriate. \\par\nm. A horse required to be licensed pursuant to this subchapter which is lame or suffers from a physical condition or illness making it unsuitable for work may be ordered to be removed from work by the commissioner or [his or her] \\ul their\\ulnone designee or by an agent of the ASPCA or a veterinarian employed or retained by [such] \\ul the\\ulnone commissioner or ASPCA to inspect licensed horses. A horse for which such an order has been issued shall not be returned to work until it has recovered from the condition which caused the issuance of the order or until such condition has improved sufficiently that its return to work will not aggravate the condition or otherwise endanger the health of the horse. In any proceeding, under this section it shall be presumed that a horse which is found at work within [forty-eight] \\ul 48\\ulnone hours after the issuance of an order of removal and which is disabled by the same condition which caused such order to be issued has been returned to work in violation of this section. Such presumption may be rebutted by offering a certificate of a veterinarian indicating suitability to return to work prior to the expiration of the [forty-eight hour] \\ul 48-hour\\ulnone period. \\par\nn. Every horse required to be licensed hereunder shall be examined by a veterinarian prior to its use in a rental horse business, at time of each license renewal, and thereafter at intervals of not less than [four] \\ul 4\\ulnone months and not greater than [eight] \\ul 8\\ulnone months. The examination shall include the general physical condition of the horse, its teeth, hoofs and shoes, its stamina and physical ability to perform the work or duties required of it, and whether it is current on vaccinations, including those for rabies, Eastern/Western equine encephalitis, West Nile virus, Rhinopneumonitis virus, and tetanus, or any other vaccinations the [Commissioner] \\ul commissioner\\ulnone may require by rule. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or humane correction or disposition of the same. A signed health certificate by the examining veterinarian shall be maintained at the stable premises at which such horse is located and shall be displayed on the outside of [the] such horse's individual stall. An original of said certificate shall be mailed by the examining veterinarian to the department. \\par\n [o. 1. Carriage horses shall not be worked whenever the air temperature is 18 degrees fahrenheit or below. \\par\n 2. Carriage horses shall not be worked whenever (i) the air temperature is 90 degrees Fahrenheit or above, or (ii) the air temperature is 80 degrees Fahrenheit or above and the equine heat index is 150 or above. \\par\n 3. For purposes of this subdivision, air temperatures shall be those measured by a state-of-the-art thermometer, as determined by the commissioner. Relative humidity shall be determined by a state-of-the-art hygrometer or any other device having the same capability to measure relative humidity, as determined by the commissioner. Air temperatures and relative humidity shall be measured by the commissioner or the commissioner's designee at street level at one of the stands designated pursuant to section 19-174. \\par\n 4. If either of the limits set by paragraph 2 of this subdivision are exceeded during the course of a particular ride, at the ride's conclusion, but no later than one-half hour after either of these limits are exceeded, the operator must immediately cease working, move the horse to an area of shelter, where available, rest the horse and then walk it directly to its stable. All horses so returned to their stable must be unbridled and unharnessed and remain at the stable for at least one hour, and thereafter, until such time as the weather conditions shall once again reach acceptable limits. \\par\n 5. No violation of this subdivision shall occur unless a written warning of violation is first issued by the authorized enforcement personnel to the operator advising that either of the limits set in paragraph 2 of this subdivision have been exceeded and directing that the operator cease working a carriage horse in accordance with the provisions of this subdivision. A violation of this subdivision may be issued if an operator fails to comply with the direction contained in the written warning of violation. Failure to comply with such direction shall not be construed as a separate violation.\\par\n p. Every carriage horse required to be licensed hereunder shall be equipped with a manure catching device. Such devices shall be affixed or attached to the carriage and shall at no time be affixed or attached to the horse.\\par\n q. Carriage horses shall not be younger than five years at the time placed into service in any rental horse business and licensed. No carriage horse older than 26 years of age shall be licensed to work in a rental horse business. Acceptable proof of age shall include a signed letter from a licensed veterinarian stating the horse's age, a certificate from an officially recognized national registry of horses stating the horse's age, or another industry approved method of certifying age. \\par\n r. Owners shall insure that during the months of November through April every carriage is equipped with a heavy winter horse blanket large enough to cover the horse from crest of neck to top of rump. Such blankets shall be used to cover carriage horses in cold weather. Waterproof horse blankets of a lighter material shall be provided at all times to cover the horse from withers to tail during periods of wet weather when the air temperature is 55 degrees or below.] \\par\n\\'a7 5. Paragraph 1 of subdivision a of section 17-331 of the administrative code of the city of New York is amended to read as follows:\\par\n1. Two members shall be appointed from among the owners of rental horse businesses operating within the city[, one of whom] \\ul who\\ulnone shall be representative of the interests of owners of riding horses [and one of whom shall be representative of the interests of owners of carriage horses].\\par\n\\'a7 6. Section 17-334 of the administrative code of the city of New York, subdivision a of such section as amended by local law number 80 for the year 2020, is amended to read as follows:\\par\n\\'a7 17-334 Construction. a. [The provisions of this subchapter shall not be construed to supersede or affect any of the provisions of subchapter twenty-one of chapter two of title twenty of the code relating to a \"horse drawn cab\" as defined therein or any of the regulations of the commissioner of consumer and worker protection promulgated thereunder.\\ul\\par\n\\ulnone b.] The provisions of this subchapter shall not be construed to permit the possession or use of a horse in any area where such possession or use is prohibited by any other law, rule\\ul ,\\ulnone or regulation.\\par\n [c.] \\ul b.\\ulnone The provisions of this subchapter shall not be construed to prohibit the ASPCA or the department from enforcing any provision of law, rule\\ul ,\\ulnone or regulation relating to the humane treatment of animals with respect to any horse regardless of whether such horse is required to be licensed pursuant to the provisions of this subchapter. \\par\n\\'a7 7. Section 17-334.1 of the administrative code of the city of New York is REPEALED.\\par\n\\'a7 8. Section 19-174 of the administrative code of the city of New York is REPEALED. \\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\'a7 9. Section 20-371 of the administrative code of the city of New York, as amended by local law number 31 for the year 1995, is amended to read as follows: \\par\n\\'a7 20-371 Licensing of sight-seeing buses[, horse drawn cabs and horse drawn cab drivers]. Legislative findings. The legislative findings heretofore made in relation to the business of sight-seeing buses [and horse drawn cabs] in the city of New York and set forth in local law number [ten] \\ul 10\\ulnone of [nineteen hundred sixty-four] \\ul 1964\\ulnone continue to be valid; such businesses are vested with a public interest and their regulation and control continue to be necessary and essential in order to cope with certain evils and hazards which existed in the absence of governmental supervision. The supervision formerly was reposed in the police commissioner, but recent experience and study indicate that jurisdiction over such businesses should be transferred to the commissioner. [It is further found that the present number of horse drawn cabs licensed in the city of New York is adequate to meet the public need and demand and should be preserved, unless the commissioner finds that additional licenses are necessary and advisable.] \\par\n\\'a7 10. Section 20-372 of the administrative code of the city of New York, as amended by local law number 3 for the year 2001, is amended to read as follows:\\par\n\\cf1\\'a7 20-372 Definitions\\b . \\b0 Whenever used in this subchapter, the following terms [shall mean] \\ul have the following meanings\\ulnone : \\par\n\\pard\\ltrpar\\sl480\\slmult1\\qj \\tab\\ul \"Certificate of conformity\" shall mean that document issued by the Administrator of the United States environmental protection agency pursuant to section 206(a) of the Clean Air Act of 1990, 42 U.S.C. \\'a77525(a), reflecting such Administrator's determination that an engine conforms to emissions standards and other regulations issued under section 202 of the Clean Air Act of 1990, 42 U.S.C. \\'a77521, as well as the terms and the time periods prescribed thereon, and as such laws and such regulations may be amended from time to time.\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj \"Fleet\" shall mean a group of vehicles owned or operated by the same person.\\par\n\"Inspection card\" shall designate the card issued by the commissioner for the sight-seeing bus licensed, which card shall display the license number and capacity of such vehicle.\\ulnone\\par\n[1] \"Owner\" shall include any person, firm, partnership, corporation\\ul ,\\ulnone or association owning and operating a sight-seeing bus or buses, [or horse drawn cab or cabs] and shall include a purchaser under a reserve title contract, conditional sales agreement or vendor's agreement and the lessee of such vehicle or vehicles under a written lease or similar contract provided such purchaser or lessee of sight-seeing bus or buses shall be entitled to obtain in his or her name a license or licenses therefor from the commissioner of motor vehicles of the state of New York.\\par\n\\pard\\ltrpar\\sl480\\slmult1\\qj \\tab [2. \"Sight-seeing bus license\" shall designate the license issued by the commissioner for each sight-seeing bus.]\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj [3. \"Inspection card\" shall designate the card issued by the commissioner for the sight-seeing bus licensed or horse drawn cab licensed, which card shall display the license number and capacity of such vehicle.]\\par\n[4] \"Sight-seeing bus\" shall mean a motor vehicle designed to comfortably seat and carry eight or more passengers operating for hire from a fixed point in the city of New York to a place or places of interest or amusements, and shall also include a vehicle, designed as aforesaid which by oral or written contract is let and hired or otherwise engaged for its exclusive use for a specific or special trip or excursion from a starting point within the city of New York. \\par\n\\pard\\ltrpar\\sl480\\slmult1\\qj \\tab [5. \"Horse drawn cab\" shall mean a horse drawn vehicle operating for hire, so designed and constructed to comfortably seat not more than four adults, or two adults and four children, each of whom is under twelve years of age, or three adults and two children, each of whom is under twelve years of age, in the interior thereof. \\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj 6. \"Horse drawn cab driver\" shall include any person licensed to drive a horse drawn cab in the city of New York.\\ul\\par\n\\pard\\ltrpar\\sl480\\slmult1\\qj\\ulnone \\tab 7. \"Horse drawn cab license\" shall designate the license issued by the commissioner for each horse drawn cab.\\par\n \\tab 8. \"Horse drawn cab driver's license\\rdblquote shall designate the license issued by the commissioner for a driver of a horse drawn cab.]\\par\n \\tab [9 \"Certificate of conformity\" shall mean that document issued by the Administrator of the United States environmental protection agency pursuant to section 206(a) of the Clean Air Act of 1990, 42 U.S.C. \\'a77525(a), reflecting such Administrator's determination that an engine conforms to emissions standards and other regulations issued under section 202 of the Clean Air Act of 1990, 42 U.S.C. \\'a77521, as well as the terms and the time periods prescribed thereon, and as such laws and such regulations may be amended from time to time.\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj 10 \"Fleet\" shall mean a group of vehicles owned or operated by the same person.]\\par\n\\cf0 [11] \"Sight-seeing bus driver\" shall mean any natural person who operates a sight-seeing bus in the city of New York.\\par\n\\cf1\\ul \"Sight-seeing bus license\" shall designate the license issued by the commissioner for each sight-seeing bus.\\cf0\\par\n\\cf1\\ulnone\\'a7 11. Section 20-373 of the administrative code of the city of New York, subdivision d of such section as added by local law number 2 for the year 1994, is amended to read as follows: \\par\n\\'a7 20-373 License required; fee; term\\b . \\b0 a. It shall be unlawful to operate or permit another to operate for hire a sight-seeing bus [or horse-drawn cab] within the city unless the owner shall have first obtained a license therefor from the commissioner. [An applicant for a horse-drawn cab license shall be at least eighteen years of age.]\\par\nb. Fees. The original and renewal license fee for each sight-seeing bus shall be [fifty dollars and for each horse-drawn cab shall be fifty dollars] \\ul $50\\ulnone .\\par\n[c. The commissioner shall not renew any horse-drawn cab license in the event that he or she shall determine that the horse-drawn cab has not been operated for at least four months during the preceding license year, provided that such failure to operate shall not have been caused by strike, riot, war or other public catastrophe. However, in the event that it is shown to the commissioner by competent proof that the licensee has been disabled through illness or has been unable to operate the horse-drawn cab because of other cause beyond his or her control, the commissioner may renew such license.\\par\nd. The commissioner may refuse to renew any horse drawn cab license in the event that he or she determines that the holder of the horse drawn cab license has demonstrated a disregard for the provisions of this subchapter as illustrated by repeated violations of such provisions.] \\par\n\\'a7 12. Section 20-374 of the administrative code, subdivisions d and e of such section as added by local law number 175 for the year 2018, is amended to read as follows:\\par\n\\'a7 20-374 Granting and transferring of licenses. a. Any person, firm, partnership, corporation\\ul ,\\ulnone or association[,] owning or operating a sight-seeing bus[,] or buses [, or horse-drawn cab, or cabs] engaging in the business of transporting passengers in, about, over\\ul ,\\ulnone and upon any of the streets, avenues, bridges, highways, boulevards\\ul ,\\ulnone or public places within the limits of the city [of New York,] shall be issued a license for each bus [or cab] so operating, provided, however any such person, firm, partnership, corporation\\ul ,\\ulnone or association owning or operating a sight-seeing bus or buses shall first have obtained a license or licenses, as he or she shall be entitled to receive from the commissioner of motor vehicles of the state of New York as made and provided by law. \\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\sl480\\slmult1\\qj b. It shall be unlawful for a license, after being issued by the commissioner, to be transferred to any person, firm, partnership, corporation\\ul ,\\ulnone or association for any cause whatsoever[, except that licenses for horse-drawn cabs may be transferred with the approval of the commissioner. Upon voluntary sale or transfer of a licensed horse-drawn cab by the holder of a license or his or her legal representative, the licensee shall immediately notify the commissioner of his or her intention to replace such horse-drawn cab, or shall surrender his or her license. If the license is surrendered, the vendee or transferee may make application to the commissioner for the licensing of the horsedrawn cab so purchased. A new license shall then be issued by the commissioner in place of the license so surrendered, provided the applicant has demonstrated to the satisfaction of the commissioner that he or she is qualified to assume the duties and obligations of a horse-drawn cab license].\\cf0\\ul\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\cf1\\ulnone c. [The commissioner shall issue additional licenses only after conducting a public hearing to determine whether the public convenience, welfare and necessity require the operation of additional horse-drawn cabs. The public hearing shall be called upon his or her own motion or upon written request by any applicant. Notice of such public hearing shall be published in the City Record once a week for two consecutive weeks and shall be mailed to all current licensees. If the commissioner shall determine that additional horse-drawn cabs are necessary and advisable, he or she shall certify the number of new licenses to be granted. Not more than one such public hearing shall be held during any calendar year and the commissioner may refuse to consider any request if it appears that a recent public hearing has adequately considered the question. In making his or her determination, the commissioner shall consider among other things, the income of the driver, the income of the owner, the effect upon traffic, and the public demand. The new licenses which are granted shall be allocated to the then existent licensees in the ratio of the number of licenses held by the licensee to the total number of licenses issued and in effect. If a licensee does not accept his or her allotted number within sixty days, his or her additional licenses shall be allocated in the same manner among the remaining licensees. If the number of additional licenses authorized is insufficient to permit such allocation, then the distribution among those licensees entitled to the smallest number of additional licenses shall be made so that priority shall be given to those who have been uninterruptedly licensed for the longest period. New applicants for such additional licenses shall be considered only when the present licensees refuse to accept their allocation of licenses in the manner provided above. The distribution of such additional licenses to new applicants shall be in the order of their filing, provided however that each new applicant shall not be entitled to more than one such additional license until each new applicant who has filed at the time of distribution and who is otherwise eligible has received one license.]\\par\n[d.] An owner of a sight-seeing bus company applying for or renewing a license issued pursuant to subdivision a of this section shall first obtain written authorization from the commissioner of transportation for all designated on-street bus stops for the pickup and discharge of passengers in order to be eligible for the issuance or renewal of such license. Sight-seeing bus owners shall, in the event that a written authorization required by this subdivision is modified or revoked by the commissioner of transportation, notify the commissioner within [five] \\ul 5\\ulnone days of receiving notice of such modification or revocation. \\par\n[e.] \\ul d.\\ulnone An owner of a sight-seeing bus company that does not have a written authorization from the commissioner of transportation because such sight-seeing bus company does not require on-street bus stops for its operations, shall provide the department with information on whether (i) such sight-seeing bus company engages in the pickup or discharge of passengers at various locations in the city, and if so, then (ii) such owner of a sight-seeing bus company shall provide to the department a list of all such passenger pick up and discharge locations. \\par\n\\pard\\ltrpar\\sl480\\slmult1\\qj\\tab\\'a7 13. Subchapter 21 of chapter 2 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-374.1 to read as follows:\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\ul\\'a7 20-374.1 Horse drawn cab licenses and license plates. Notwithstanding sections 20-374 and 20-375, the commissioner shall not issue a new license for a horse drawn cab nor accept an application for such license. A valid unexpired license may be renewed for a limited term, and shall expire no later than June 1, 2026.\\ulnone\\tab\\par\n\\'a7 14. Section 20-375 of the administrative code of the city of New York, as amended by local law number 2 for the year 1994, is amended to read as follows:\\par\n\\'a7 20-375 License plate.\\b \\b0 Upon the payment of the license fee the commissioner shall issue a license to the owner of the sightseeing bus [or horse drawn cab] together with a license plate to be securely affixed to a conspicuous and indispensable part of such sightseeing bus [or securely and conspicuously affixed to the rear axle of such horse drawn cab], on which shall be clearly set forth the license number of such sightseeing bus [or horse drawn cab]. The license plate issued to the licensee may, in the discretion of the commissioner, be a plate of a permanent nature with a replaceable date tag attached thereto, indicating the expiration date of the plate during each license year and the issuance of such a plate with such date tag to a person possessing such a plate, shall be deemed issuance of a license plate. Such license plate and the replaceable date tag to be issued from year to year to be attached thereto, shall be of such material, form, design\\ul ,\\ulnone and dimension and set forth such distinguishing number or other identification marks as the commissioner shall prescribe. The commissioner upon renewal of the license hereunder, may continue the use of the license plate for as many additional license years as [he or she in his or her discretion] \\ul the commissioner\\ulnone may determine, in which event [he or she] \\ul the commissioner\\ulnone shall issue and deliver to the licensee a replaceable date tag as evidence of renewal of the license, which shall be attached or affixed in such manner as he or she may prescribe by rule. The failure to affix or display such date tag in a manner prescribed by the commissioner shall constitute a violation of this section. In the event of the loss, mutilation\\ul ,\\ulnone or destruction of any license plate or date tag issued hereunder, the owner may file such statement and proof of facts as the commissioner shall require, with a fee of [twenty-five dollars] \\ul $25\\ulnone , at the department, and the department shall issue a duplicate or substitute license plate or date tag\\fs27 .\\ul\\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\sl480\\slmult1\\qj\\cf0\\ulnone\\fs24\\'a7 15. Sections 20-377 and 20-377.1 of the administrative code of the city of New York are REPEALED. \\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\cf1\\'a7 16. Section 20-378 of the administrative code of the city of New York is amended to read as follows:\\par\n\\'a7 20-378 Periodic inspection.\\b \\b0 The license department shall cause all sight-seeing buses [and horse-drawn cabs] now, or hereafter licensed, to be inspected at least once every [four] \\ul 4\\ulnone months. The date of such inspection and the signature of the person making the inspection shall be recorded upon the inspection card in the spaces provided therefor.\\ul\\par\n\\ulnone\\'a7 17. Section 20-379 of the administrative code of the city of New York is amended to read as follows:\\par\n\\'a7 20-379 Form of inspection card.\\b \\b0 The commissioner shall prescribe an appropriate form of inspection card for sight-seeing buses [and horse-drawn cabs] and the manner in which such card and the sight-seeing bus driver's [and horse-drawn cab driver's] identification cards shall be displayed.\\ul\\par\n\\cf0\\ulnone\\'a7 18. Sections 20-380, 20-381, 20-381.1, 20-381.2, 20-382 and subdivisions b, c, and d of section 20-383 of the administrative code of the city of New York are REPEALED. \\par\n\\'a7 19. Subdivision 20-381 of the administrative code of the city of New York, subdivision f of such section as added by local law number 10 for the year 2010, is amended by adding a new subdivision g to read as follows:\\par\n\\ul g. \\cf1 No further horse drawn cab driver\\rquote s license shall be issued nor application for such license accepted. A valid unexpired license may be renewed for a limited term, and shall expire no later than June 1, 2026.\\cf0\\par\n\\ulnone\\'a7 20. Section 24-330 of the administrative code of the city of New York is amended to read as follows: \\par\n\\'a7 24-330 Watering horses. a. Within the city, all publicly owned watering troughs, and those erected or maintained by the American Society for the prevention of cruelty to animals, shall be provided with the necessary piping and fixtures to enable the filling of pails with water therefrom, or otherwise modified in construction so as to meet the requirements of the board of health. The supply of water for such troughs shall be furnished by the department of environmental protection. All other horse-watering troughs on streets and public places in the city shall likewise be provided with the piping and fixtures necessary to enable the filling of pails with water, and the use of the water for that purpose shall be paid for. All horse-watering stations in streets and public places hereafter constructed or operated, shall conform to the provisions of this section. It shall be unlawful to draw water from such fixtures except to water horses or other animals. It shall be unlawful to tamper with such fixtures. \\par\nb. [Every commercial vehicle to which a horse is attached, while on the public thoroughfares of the city, must be provided with a watering pail, which shall be used for the purpose of watering or feeding the horse or horses attached to the vehicle.] \\par\n[c.] The provisions of this section shall not prevent the establishment of temporary relief stations for watering horses in conformity with such requirements as may be imposed by the board of health, with the consent of the commissioner. \\par\n\\cf1\\'a7 21. Subchapter 21 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-374.2 to read as follows: \\par\n\\ul\\'a7 20-374.2. Workforce development program. The department shall collaborate with the mayor\\rquote s office of talent and workforce development to administer a workforce development program for horse drawn cab drivers and other workers engaged in the business of operating such horse drawn cabs. Such program shall be designed to facilitate the transition of such drivers and workers to other fields of employment. The department shall provide information about this program to all persons licensed to drive a horse drawn cab.\\cf0\\ulnone\\par\n\\cf1\\'a7 22. \\cf0 This local law takes effect 90 days after it becomes law, except that:\\par\na. Sections one, four, five, six, seven, eight, nine, ten, eleven, twelve, fourteen, fifteen, sixteen, seventeen, eighteen, and twenty take effect on June 1, 2026; \\par\nb. Sections thirteen and nineteen take effect 90 days after this local law becomes law and expire and are deemed repealed on June 1, 2026; and\\par\nc. Section twenty-one takes effect 90 days after this local law becomes law and expires and is deemed repealed on June 1, 2028\\cf2 .\\cf0\\par\n\\par\n\\pard\\ltrpar\\ul\\fs20 Session 13\\par\n\\ulnone LS# 6327\\par\nMC\\par\n6/5/2025 1:30pm\\par\n\\par\n\\ul Session 12\\par\n\\ulnone LS# 6327\\par\n3/23/22\\fs24\\par\n}\n", - "LastModified": "2024-10-31T14:40:43.423Z" + "LastModified": "2024-12-05T18:03:19.49Z" } diff --git a/introduction/2024/1022.json b/introduction/2024/1022.json index c4138d105..835448903 100644 --- a/introduction/2024/1022.json +++ b/introduction/2024/1022.json @@ -136,6 +136,11 @@ "Slug": "susan-zhuang", "FullName": "Susan Zhuang" }, + { + "ID": 7799, + "Slug": "eric-dinowitz", + "FullName": "Eric Dinowitz" + }, { "ID": 7833, "Slug": "david-m-carr", @@ -335,7 +340,7 @@ "Attachments": [ { "ID": 312022, - "LastModified": "2024-12-05T17:37:10.463Z", + "LastModified": "2024-12-05T18:33:36.277Z", "Name": "Summary of Int. No. 1022-A", "Link": "https://nyc.legistar1.com/nyc/attachments/d05f1a65-c88d-4463-ad1b-4f4627528133.docx", "Sort": 1 @@ -391,7 +396,7 @@ }, { "ID": 312023, - "LastModified": "2024-12-05T17:37:21.17Z", + "LastModified": "2024-12-05T18:33:52.417Z", "Name": "Proposed Int. No. 1022-A - 11/27/24", "Link": "https://nyc.legistar1.com/nyc/attachments/cf389bae-1448-4f69-9078-8a7323847d2c.docx", "Sort": 9 @@ -405,15 +410,22 @@ }, { "ID": 312292, - "LastModified": "2024-12-05T13:46:06.843Z", + "LastModified": "2024-12-05T18:19:48.713Z", "Name": "Fiscal Impact Statement", "Link": "https://nyc.legistar1.com/nyc/attachments/95177738-6a01-4b5d-96bd-abadd7bc6532.docx", "Sort": 11 + }, + { + "ID": 312332, + "LastModified": "2024-12-05T18:19:58.86Z", + "Name": "Committee Report - Stated Meeting 12/5/24", + "Link": "https://nyc.legistar1.com/nyc/attachments/29126a25-74ef-47cd-9770-565a7c89e3e9.docx", + "Sort": 12 } ], "Summary": "This bill would require the Commissioner for the Aging to conduct a three-year study on Naturally Occurring Retirement Communities (NORCs) and Neighborhood Naturally Occurring Retirement Communities (N-NORCs) in New York City. The study would identify potential NORCs and N-NORCs, assess the needs of older adults, evaluate necessary improvements, and collect data on demographic trends and health outcomes. Within two years of completing the study, the Commissioner would be required to develop and implement a plan to support aging in place within these communities. This plan would include recommendations for officially designating identified communities, resource estimates for supportive service programs, training for community-based organizations, infrastructure improvements, and the establishment of a program to provide grant funding and other resources to support the operations of community-based organizations to provide services within such identified communities.", "TextID": 78763, "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Section 21-205.1 of the administrative code of the city of New York, as added by a local law for the year 2024 amending the administrative code of the city of New York, relating to a 10-year plan to support aging in place, as proposed in introduction number 1054, is amended by adding new subdivisions c, d, e, and f to read as follows:\n c. Study regarding naturally occurring retirement communities. Over a 3-year period beginning on the effective date of the local law that added this section, the commissioner shall conduct a study on naturally occurring retirement communities and neighborhood naturally occurring retirement communities in the city. Such study shall include, but need not be limited to: \n 1. Information on the existing state of naturally occurring retirement communities, including their locations, supportive services provided at each such location, and contact information for buildings and service providers;\n 2. Identifications of potential naturally occurring retirement communities and neighborhood naturally occurring retirement communities as both such communities are defined in section 209 of the elder law, not currently designated or otherwise recognized by the New York state office for the aging or the department, accompanied by explanations of how and why each such potential community was identified;\n 3. In consultation with relevant council members and community stakeholders, information on the existing capacity of community-based organizations to support each such potential community;\n 4. An assessment of the identification, designation and funding processes for naturally occurring retirement communities and neighborhood naturally occurring retirement communities, including any recommendations for improving such processes;\n 5. A summary of the needs assessments and challenges expressed by current naturally occurring retirement community providers, including any identified capital needs within such communities; \n 6. Data on the demographic trends, health outcomes, and social isolation among older adults in such communities; and\n 7. In consultation with the department of city planning, the department of health and mental hygiene, the department of transportation, and any other agency deemed necessary, an evaluation of the necessary improvements and investments required to enhance neighborhood infrastructure, healthcare facilities, social services, transportation, and other critical services to support older adults aging in place within such communities.\n d. Plan regarding naturally occurring retirement communities. Based on the findings of the study conducted pursuant to subdivision c of this section, the commissioner shall, within 2 years of completing such study, develop and implement a plan to support naturally occurring retirement communities and neighborhood naturally occurring retirement communities. The plan shall include, but need not be limited to:\n 1. Recommendations to the New York state office for the aging to designate any housing developments, buildings, or areas identified in the study conducted pursuant to subdivision c of this section as naturally occurring retirement communities or neighborhood naturally occurring retirement communities, as appropriate;\n 2. An estimate of the resources needed to establish and maintain supportive service programs within such potential communities, disaggregated by each such potential community;\n 3. Training and onboarding for community-based organizations to expand their capacity to support older adults in such potential communities;\n 4. Recommendations for infrastructure improvements for such potential communities to be shared with the cabinet for older New Yorkers as established by section 2405 of the New York city charter; \n 5. Strategies to improve the identification of naturally occurring retirement communities and neighborhood naturally occurring retirement communities throughout the city, taking into consideration communities that lack appropriate or relevant service providers; and\n 6. Subject to appropriation, a program to provide grant funding and other resources, including start-up grants, capacity-building support, and operational funding to support the operations of community-based organizations to provide services within identified naturally occurring retirement communities.\n e. The commissioner shall submit to the mayor and the speaker of the council, and post on the department's website, the findings of the study conducted pursuant to subdivision c of this section and the plan developed pursuant to subdivision d of this section. \n f. Progress reports. Two years after publication of the plans developed pursuant to subdivisions b and d of this section, and every 2 years thereafter until the completion of each such plan, or until January 30, 2037, the commissioner shall submit to the mayor and the speaker of the council and post on the department's website progress reports detailing the status of the implementation of projects and recommendations included in each such plan.\n � 2. This local law takes effect immediately.\nJL/CP\nLS #13084\n11/26/24 4:55 PM\n4\n \n \n 1", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n\\viewkind4\\uc1\n\\ul\\v0\\par\nBe it enacted by the Council as follows:\\ulnone\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj Section 1. Section 21-205.1 of the administrative code of the city of New York, as added by a local law for the year 2024 amending the administrative code of the city of New York, relating to a 10-year plan to support aging in place, as proposed in introduction number 1054, is amended by adding new subdivisions c, d, e, and f to read as follows:\\par\n\\ul c. Study regarding naturally occurring retirement communities. Over a 3-year period beginning on the effective date of the local law that added this section, the commissioner shall conduct a study on naturally occurring retirement communities and neighborhood naturally occurring retirement communities in the city. Such study shall include, but need not be limited to: \\par\n1. Information on the existing state of naturally occurring retirement communities, including their locations, supportive services provided at each such location, and contact information for buildings and service providers;\\par\n2. Identifications of potential naturally occurring retirement communities and neighborhood naturally occurring retirement communities as both such communities are defined in section 209 of the elder law, not currently designated or otherwise recognized by the New York state office for the aging or the department, accompanied by explanations of how and why each such potential community was identified;\\par\n3. In consultation with relevant council members and community stakeholders, information on the existing capacity of community-based organizations to support each such potential community;\\par\n4. An assessment of the identification, designation and funding processes for naturally occurring retirement communities and neighborhood naturally occurring retirement communities, including any recommendations for improving such processes;\\par\n5. A summary of the needs assessments and challenges expressed by current naturally occurring retirement community providers, including any identified capital needs within such communities; \\par\n6. Data on the demographic trends, health outcomes, and social isolation among older adults in such communities; and\\par\n7. In consultation with the department of city planning, the department of health and mental hygiene, the department of transportation, and any other agency deemed necessary, an evaluation of the necessary improvements and investments required to enhance neighborhood infrastructure, healthcare facilities, social services, transportation, and other critical services to support older adults aging in place within such communities.\\par\nd. Plan regarding naturally occurring retirement communities. Based on the findings of the study conducted pursuant to subdivision c of this section, the commissioner shall, within 2 years of completing such study, develop and implement a plan to support naturally occurring retirement communities and neighborhood naturally occurring retirement communities. The plan shall include, but need not be limited to:\\par\n1. Recommendations to the New York state office for the aging to designate any housing developments, buildings, or areas identified in the study conducted pursuant to subdivision c of this section as naturally occurring retirement communities or neighborhood naturally occurring retirement communities, as appropriate;\\par\n2. An estimate of the resources needed to establish and maintain supportive service programs within such potential communities, disaggregated by each such potential community;\\par\n3. Training and onboarding for community-based organizations to expand their capacity to support older adults in such potential communities;\\par\n4. Recommendations for infrastructure improvements for such potential communities to be shared with the cabinet for older New Yorkers as established by section 2405 of the New York city charter; \\par\n5. Strategies to improve the identification of naturally occurring retirement communities and neighborhood naturally occurring retirement communities throughout the city, taking into consideration communities that lack appropriate or relevant service providers; and\\par\n6. Subject to appropriation, a program to provide grant funding and other resources, including start-up grants, capacity-building support, and operational funding to support the operations of community-based organizations to provide services within identified naturally occurring retirement communities.\\par\ne. The commissioner shall submit to the mayor and the speaker of the council, and post on the department\\rquote s website, the findings of the study conducted pursuant to subdivision c of this section and the plan developed pursuant to subdivision d of this section. \\par\nf. Progress reports. Two years after publication of the plans developed pursuant to subdivisions b and d of this section, and every 2 years thereafter until the completion of each such plan, or until January 30, 2037, the commissioner shall submit to the mayor and the speaker of the council and post on the department\\rquote s website progress reports detailing the status of the implementation of projects and recommendations included in each such plan.\\ulnone\\par\n\\pard\\ltrpar\\qj\\'a7 2. \\fs23 This local law takes effect immediately.\\fs18 JL/CP\\par\nLS #13084\\par\n11/26/24 4:55 PM\\par\n}\n", - "LastModified": "2024-12-05T17:37:21.17Z" + "LastModified": "2024-12-05T18:33:52.417Z" } diff --git a/introduction/2024/1054.json b/introduction/2024/1054.json index 2258ae182..32530ac34 100644 --- a/introduction/2024/1054.json +++ b/introduction/2024/1054.json @@ -115,6 +115,11 @@ "ID": 7826, "Slug": "shahana-k-hanif", "FullName": "Shahana K. Hanif" + }, + { + "ID": 7799, + "Slug": "eric-dinowitz", + "FullName": "Eric Dinowitz" } ], "History": [ @@ -306,7 +311,7 @@ "Attachments": [ { "ID": 312024, - "LastModified": "2024-12-05T17:25:42.56Z", + "LastModified": "2024-12-05T18:36:00.917Z", "Name": "Summary of Int. No. 1054-A", "Link": "https://nyc.legistar1.com/nyc/attachments/15d273b0-a799-4c88-92f1-a11c5c7f3f29.docx", "Sort": 1 @@ -362,7 +367,7 @@ }, { "ID": 312025, - "LastModified": "2024-12-05T17:26:07.813Z", + "LastModified": "2024-12-05T18:36:13.323Z", "Name": "Proposed Int. No. 1054-A - 11/27/24", "Link": "https://nyc.legistar1.com/nyc/attachments/a001b166-2fa9-4bb5-bae6-fcb8968e3b96.docx", "Sort": 9 @@ -380,11 +385,18 @@ "Name": "Fiscal Impact Statement", "Link": "https://nyc.legistar1.com/nyc/attachments/9eb436cd-6e88-4498-b2ca-0f306970a24d.docx", "Sort": 11 + }, + { + "ID": 312333, + "LastModified": "2024-12-05T18:20:15.773Z", + "Name": "Committee Report - Stated Meeting 12/5/24", + "Link": "https://nyc.legistar1.com/nyc/attachments/c91bbc87-0deb-49f3-9b62-3e880e6eb980.docx", + "Sort": 12 } ], "Summary": "This bill would require the Commissioner for the Aging (“the Commissioner”), in consultation with coordinating agencies, to submit a 10-year aging in place plan to the Mayor and the Speaker of the Council, and to post the plan on the Department for the Aging’s (“the Department”) website. The aging in place plan would focus on assisting older adults with aging in place throughout New York City, including in naturally occurring retirement communities and neighborhood naturally occurring retirement communities, and would include proposed projects and recommendations. The Commissioner would be required to submit the aging in place plan no later than 2 years after the effective date of the local law that enacted the plan. Two years after the publication of the aging in place plan and every two years until the plan’s completion, or until January 30, 2037, the Commissioner would be required to post on the Department’s website and to submit to the Mayor and the Speaker of the Council a progress report detailing the status of projects and recommendations included in the 10-year plan.", "TextID": 78764, - "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Chapter 2 of Title 21 of the administrative code of the city of New York, is amended by adding a new section 21-205.1 to read as follows:\n � 21-205.1 Plans to support aging in place a. Definitions. For purposes of this section, the following terms have the following meanings:\n Aging in place. The term \"aging in place\" means when older adults remain in their existing homes or communities as they age, as an alternative to moving into an assisted-living facility, nursing home, or other institutional care facility. \n Coordinating agencies. The term \"coordinating agencies\" means the department of buildings, the department of housing preservation and development, the department of transportation, and any other agency designated by the mayor.\n Naturally occurring retirement community. The term \"naturally occurring retirement community\" has the same meaning as set forth in section 209 of the elder law.\n Neighborhood naturally occurring retirement community. The term \"neighborhood naturally occurring retirement community\" has the same meaning as set forth in section 209 of the elder law. \n Older adult. The term \"older adult\" means a person 60 years of age or older.\n b. Ten-year plan. No later than 2 years after the effective date of the local law that added this section, the commissioner, in consultation with coordinating agencies, shall submit to the mayor and the speaker of the council and post on the department's website a 10-year plan regarding older adults aging in place. Such plan shall focus on assisting older adults with aging in place throughout the city, considering the department's programs and services, including in naturally occurring retirement communities and neighborhood naturally occurring retirement communities, and shall include, but need not be limited to:\n 1. An estimation of the need for improvements and investments to enhance existing healthcare facilities, social services, access to transportation, and other supportive services that help older adults with aging in place throughout the city, as well as specific recommendations for any such improvements and investments in each borough;\n 2. An estimation of the need in each community district for accessibility improvements that facilitate the provision of services and allow for aging in place, including the installation in publicly owned spaces of lighting, railings, grab bars, ramps, elevators, escalators, curb cuts, and enhancements such as the widening of doorways and hallways, and other accessibility features, as well as recommendations for best practices to improve accessibility in privately owned spaces;\n 3. Supportive services and accessibility improvement projects the department and coordinating agencies plan to initiate and complete in the 10-year period following submission of the plan, disaggregated by borough, community district, and address; \n 4. Resources that the department and coordinating agencies determine will be needed for the purpose of implementing and maintaining any such supportive services and accessibility improvement projects; and\n 5. For each such supportive service and accessibility improvement project, (i) an estimate of how many older adults would be served, and (ii) a list of the boroughs, community districts, and neighborhoods that would be served.\n � 2. This local law takes effect immediately. \n\nYN/CP\nLS 11651/17817\n 11/25/2024 10:55 AM\n\n\n 2\n \n \n 4", + "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Chapter 2 of Title 21 of the administrative code of the city of New York, is amended by adding a new section 21-205.1 to read as follows:\n � 21-205.1 Plans to support aging in place a. Definitions. For purposes of this section, the following terms have the following meanings:\n Aging in place. The term \"aging in place\" means when older adults remain in their existing homes or communities as they age, as an alternative to moving into an assisted-living facility, nursing home, or other institutional care facility. \n Coordinating agencies. The term \"coordinating agencies\" means the department of buildings, the department of housing preservation and development, the department of transportation, and any other agency designated by the mayor.\n Naturally occurring retirement community. The term \"naturally occurring retirement community\" has the same meaning as set forth in section 209 of the elder law.\n Neighborhood naturally occurring retirement community. The term \"neighborhood naturally occurring retirement community\" has the same meaning as set forth in section 209 of the elder law. \n Older adult. The term \"older adult\" means a person 60 years of age or older.\n b. Ten-year plan. No later than 2 years after the effective date of the local law that added this section, the commissioner, in consultation with coordinating agencies, shall submit to the mayor and the speaker of the council and post on the department's website a 10-year plan regarding older adults aging in place. Such plan shall focus on assisting older adults with aging in place throughout the city, considering the department's programs and services, including in naturally occurring retirement communities and neighborhood naturally occurring retirement communities, and shall include, but need not be limited to:\n 1. An estimation of the need for improvements and investments to enhance existing healthcare facilities, social services, access to transportation, and other supportive services that help older adults with aging in place throughout the city, as well as specific recommendations for any such improvements and investments in each borough;\n 2. An estimation of the need in each community district for accessibility improvements that facilitate the provision of services and allow for aging in place, including the installation in publicly owned spaces of lighting, railings, grab bars, ramps, elevators, escalators, curb cuts, and enhancements such as the widening of doorways and hallways, and other accessibility features, as well as recommendations for best practices to improve accessibility in privately owned spaces;\n 3. Supportive services and accessibility improvement projects the department and coordinating agencies plan to initiate and complete in the 10-year period following submission of the plan, disaggregated by borough, community district, and address; \n 4. Resources that the department and coordinating agencies determine will be needed for the purpose of implementing and maintaining any such supportive services and accessibility improvement projects; and\n 5. For each such supportive service and accessibility improvement project, (i) an estimate of how many older adults would be served, and (ii) a list of the boroughs, community districts, and neighborhoods that would be served.\n � 2. This local law takes effect immediately. \n\nYN/CP\nLS 11651/17817\n 11/25/2024 10:55 AM\n\n\n 3\n \n \n 4", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n{\\colortbl ;\\red255\\green255\\blue0;}\n\\viewkind4\\uc1\n\\ul\\v0\\par\nBe it enacted by the Council as follows:\\ulnone\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj Section 1. Chapter 2 of Title 21 of the administrative code of the city of New York, is amended by adding a new section 21-205.1 to read as follows:\\ul\\par\n\\'a7 21-205.1 Plans to support aging in place a. Definitions. For purposes of this section, the following terms have the following meanings:\\par\nAging in place. The term \\ldblquote aging in place\\rdblquote means when older adults remain in their existing homes or communities as they age, as an alternative to moving into an assisted-living facility, nursing home, or other institutional care facility. \\par\nCoordinating agencies. The term \\ldblquote coordinating agencies\\rdblquote means the department of buildings, the department of housing preservation and development, the department of transportation, and any other agency designated by the mayor.\\par\nNaturally occurring retirement community. The term \\ldblquote naturally occurring retirement community\\rdblquote has the same meaning as set forth in section 209 of the elder law.\\par\nNeighborhood naturally occurring retirement community. The term \\ldblquote neighborhood naturally occurring retirement community\\rdblquote has the same meaning as set forth in section 209 of the elder law. \\par\nOlder adult. The term \\ldblquote older adult\\rdblquote means a person 60 years of age or older.\\par\nb. Ten-year plan. No later than 2 years after the effective date of the local law that added this section, the commissioner, in consultation with coordinating agencies, shall submit to the mayor and the speaker of the council and post on the department\\rquote s website a 10-year plan regarding older adults aging in place. Such plan shall focus on assisting older adults with aging in place throughout the city, considering the department\\rquote s programs and services, including in naturally occurring retirement communities and neighborhood naturally occurring retirement communities, and shall include, but need not be limited to:\\par\n1. An estimation of the need for improvements and investments to enhance existing healthcare facilities, social services, access to transportation, and other supportive services that help older adults with aging in place throughout the city, as well as specific recommendations for any such improvements and investments in each borough;\\par\n2. An estimation of the need in each community district for accessibility improvements that facilitate the provision of services and allow for aging in place, including the installation in publicly owned spaces of lighting, railings, grab bars, ramps, elevators, escalators, curb cuts, and enhancements such as the widening of doorways and hallways, and other accessibility features, as well as recommendations for best practices to improve accessibility in privately owned spaces;\\par\n3. Supportive services and accessibility improvement projects the department and coordinating agencies plan to initiate and complete in the 10-year period following submission of the plan, disaggregated by borough, community district, and address; \\par\n4. Resources that the department and coordinating agencies determine will be needed for the purpose of implementing and maintaining any such supportive services and accessibility improvement projects; and\\par\n5. For each such supportive service and accessibility improvement project, (i) an estimate of how many older adults would be served, and (ii) a list of the boroughs, community districts, and neighborhoods that would be served.\\par\n\\pard\\ltrpar\\qj\\ulnone\\'a7 2. This local law takes effect immediately. \\fs18\\par\nYN/CP\\highlight1\\par\n\\highlight0 LS 11651/17817\\par\n\\pard\\ltrpar 11/25/2024 10:55 AM\\par\n\\par\n\\par\n}\n", - "LastModified": "2024-12-05T17:26:07.813Z" + "LastModified": "2024-12-05T18:36:13.323Z" } diff --git a/introduction/2024/1100.json b/introduction/2024/1100.json index 5b286b3de..95dcd70e4 100644 --- a/introduction/2024/1100.json +++ b/introduction/2024/1100.json @@ -90,6 +90,11 @@ "ID": 7823, "Slug": "chi-a-osse", "FullName": "Chi A. Ossé" + }, + { + "ID": 7742, + "Slug": "diana-i-ayala", + "FullName": "Diana I. Ayala" } ], "History": [ @@ -126,14 +131,14 @@ "Attachments": [ { "ID": 310439, - "LastModified": "2024-11-26T16:58:40.323Z", + "LastModified": "2024-12-05T19:11:06.79Z", "Name": "Summary of Int. No. 1100", "Link": "https://nyc.legistar1.com/nyc/attachments/b5437c98-d8d8-4cb9-8b82-e657ca7fbe40.docx", "Sort": 1 }, { "ID": 310438, - "LastModified": "2024-11-26T16:58:54.83Z", + "LastModified": "2024-12-05T19:11:19.54Z", "Name": "Int. No. 1100", "Link": "https://nyc.legistar1.com/nyc/attachments/48114078-cc4a-40e7-b98a-a1285c1f6ea7.docx", "Sort": 2 @@ -157,5 +162,5 @@ "TextID": 77688, "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Chapter 1 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-153 to reach as follows:\n � 21-153 Supportive housing eligibility for justice involved persons. a. Definitions. For purposes of this section, the following terms have the following meanings: \n Justice system involvement. The term \"justice system involvement\" means when an individual is involuntarily confined by the city, state, or federal government, including, but not limited to, within a jail, prison, outposted therapeutic facility, and mental health court involved residential stay programs. \n Supportive housing. The term \"supportive housing\" means affordable permanent housing with support services for residents. \n b. The commissioner shall require that any supportive housing administered and wholly funded by the city includes, but need not be limited to, eligibility for the following populations:\n 1. Single adults or adult families where the head of household has a severe mental illness, substance use disorder, or both, is homeless or at risk of homelessness, and has had justice system involvement in the last 12 months; and\n 2. Families with children where the head of household has a severe mental illness, substance use disorder, or both, is homeless or at risk of homelessness, and has had justice system involvement in the last 12 months.\n � 2. This local law takes effect in 60 days. \n\n\nSM\nLS #7407/9322/12824/13478/15555/16011\n10/16/2024 10:00 AM \n\n\n 2\n \n \n 2", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n\\viewkind4\\uc1\n\\ul\\v0\\par\nBe it enacted by the Council as follows:\\ulnone\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj Section 1. Chapter 1 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-153 to reach as follows:\\par\n\\ul\\'a7 21-153 Supportive housing eligibility for justice involved persons. a. Definitions. For purposes of this section, the following terms have the following meanings: \\par\nJustice system involvement. The term \\ldblquote justice system involvement\\rdblquote means when an individual is involuntarily confined by the city, state, or federal government, including, but not limited to, within a jail, prison, outposted therapeutic facility, and mental health court involved residential stay programs. \\par\nSupportive housing. The term \\ldblquote supportive housing\\rdblquote means affordable permanent housing with support services for residents. \\par\nb. The commissioner shall require that any supportive housing administered and wholly funded by the city includes, but need not be limited to, eligibility for the following populations:\\par\n1. Single adults or adult families where the head of household has a severe mental illness, substance use disorder, or both, is homeless or at risk of homelessness, and has had justice system involvement in the last 12 months; and\\par\n2. Families with children where the head of household has a severe mental illness, substance use disorder, or both, is homeless or at risk of homelessness, and has had justice system involvement in the last 12 months.\\par\n\\ulnone\\'a7 2. This local law takes effect in 60 days. \\ul\\par\n\\pard\\ltrpar\\qj\\ulnone\\fs18\\par\nSM\\par\nLS #7407/9322/12824/13478/15555/16011\\par\n\\pard\\ltrpar 10/16/2024 10:00 AM \\par\n\\par\n\\par\n}\n", - "LastModified": "2024-11-26T16:58:54.83Z" + "LastModified": "2024-12-05T19:11:19.54Z" } diff --git a/introduction/2024/1127.json b/introduction/2024/1127.json index 5e3cbfef3..d888701d1 100644 --- a/introduction/2024/1127.json +++ b/introduction/2024/1127.json @@ -231,7 +231,7 @@ "Attachments": [ { "ID": 312128, - "LastModified": "2024-12-05T17:20:53.967Z", + "LastModified": "2024-12-05T18:33:59.763Z", "Name": "Summary of Int. No. 1127-A", "Link": "https://nyc.legistar1.com/nyc/attachments/4b59c891-a6fa-44e4-8b9c-23aebaaa474b.docx", "Sort": 1 @@ -293,30 +293,30 @@ "Sort": 9 }, { - "ID": 312315, - "LastModified": "2024-12-05T17:21:04.967Z", + "ID": 312338, + "LastModified": "2024-12-05T18:34:06.14Z", "Name": "Committee Report 12/5/24", - "Link": "https://nyc.legistar1.com/nyc/attachments/f57e28fa-ebde-45fb-84ee-683049dd7b70.docx", - "Sort": 10 + "Link": "https://nyc.legistar1.com/nyc/attachments/fdd5ffff-881a-402a-9d95-175b65c21d62.docx", + "Sort": 11 }, { "ID": 312316, - "LastModified": "2024-12-05T17:21:08.037Z", + "LastModified": "2024-12-05T18:34:02.667Z", "Name": "Fiscal Impact Statement", "Link": "https://nyc.legistar1.com/nyc/attachments/f4791ec7-dd3a-419e-8e7c-fccd0a880d20.docx", - "Sort": 11 + "Sort": 12 }, { - "ID": 312317, - "LastModified": "2024-12-05T17:21:13.053Z", + "ID": 312339, + "LastModified": "2024-12-05T18:34:08.877Z", "Name": "Committee Report - Stated Meeting 12/5/24", - "Link": "https://nyc.legistar1.com/nyc/attachments/b735967d-74b3-4775-8133-1f2ea0ac837e.docx", - "Sort": 12 + "Link": "https://nyc.legistar1.com/nyc/attachments/7d6d00dd-f206-40dc-8c85-dcc4ed6a8e7b.docx", + "Sort": 13 } ], "Summary": "This bill would establish a basement and cellar dwelling unit legalization program in certain community districts. Building owners would be able to apply for an authorization for temporary residence for units that existed prior to April 20, 2024. The Department of Buildings would inspect such units prior to issuing an authorization and, if issued, the building owner would be permitted to do any necessary construction on the unit to legalize the unit and apply for an amended or partial certificate of occupancy. The Department of Housing Preservation and Development would be required to provide technical assistance and outreach to owners of eligible basement or cellar residences. Tenants who resided in the basement or cellar unit on April 20, 2024 would have a right of first refusal to return to such unit upon its first occupancy following any necessary alterations.", "TextID": 78780, "Text": "Be it enacted by the Council as follows:\n Section 1. Chapter 5 of title 28 of the administrative code of the city of New York is amended by adding a new article 507 to read as follows: \nARTICLE 507\n PILOT PROGRAM FOR ELIGIBLE BASEMENT AND CELLAR RESIDENCES\n \n�28-507.1 Definitions. For purposes of this article, the following terms have the following meanings:\n\nAPARTMENT. The term \"apartment\" has the same meaning as defined in section BC 202 of the New York city building code.\n\nAPPLICATION. The term \"application\" means an application for authorization for temporary residence pursuant to this article.\n\nAUTHORIZATION FOR TEMPORARY RESIDENCE. The term \"authorization for temporary\" residence means an authorization issued by the department pursuant to section 28-507.4 authorizing the temporary use of an eligible basement or cellar as an apartment prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for such use.\n\nBASEMENT. The term \"basement\" means a story partly below the grade plane and having less than one-half of its clear height, measured from finished floor to finished ceiling, below the grade plane.\n\nCELLAR. The term \"cellar\" means that portion of a building that is partly or wholly underground, and having one-half or more of its clear height, measured from finished floor to finished ceiling, below the grade plane. \n\nELIGIBLE BASEMENT OR CELLAR RESIDENCE. The term \"eligible basement or cellar residence\" means a basement or cellar in an existing dwelling within the program area, unlawfully arranged to be occupied as an apartment with acceptable kitchen and sanitation facilities as described in department rules, and which apartment was in existence prior to April 20, 2024.\n\nFAMILY. The term \"family\" has the same meaning as defined in the multiple dwelling law, except that as used in this article, family shall not include any boarders, roomers, or lodgers.\n\nPRE-EXISTING VIOLATION. The term \"pre-existing violation\" means a violation issued by an agency of the city of New York for the illegal occupancy of a basement or a cellar for which a notice of violation, administrative summons, criminal court summons, or other process was issued prior to the date of issuance of an authorization for temporary residence by the department pursuant to this article.\n\nPROGRAM AREA. The term \"program\" area means Bronx community district 9; Bronx community district 10; Bronx community district 11; Bronx community district 12; Brooklyn community district 4; Brooklyn community district 10; Brooklyn community district 11; Brooklyn community district 17; Manhattan community district 2; Manhattan community district 3; Manhattan community district 9; Manhattan community district 10; Manhattan community district 11; Manhattan community district 12; and Queens community district 2, and such other community districts as may be authorized pursuant to section 289 of the multiple dwelling law.\n\nRENTED. The term \"rented\" means leased, let, or hired out, with or without a written agreement.\n\nTEMPORARY RESIDENCE PROGRAM. The term \"temporary residence program\" means a program established pursuant to this article to facilitate the legalization of eligible basement and cellar residences within the program area and to authorize their temporary use as apartments pending the issuance of a certificate of occupancy or temporary certificate of occupancy for such use.\n\nTENANT. The term \"tenant\" means an individual to whom an eligible basement or cellar residence is rented. \n \n� 28-507.2 Eligibility. This article applies to private dwellings and multiple dwellings. The department shall establish a temporary residence program in accordance with this article. To participate in such program, an owner of an eligible basement or cellar residence shall apply for authorization for temporary residence pursuant to section 28-507.4 on or before April 20, 2029. An application for temporary residence may not be made where the eligible basement or cellar residence is located within the 10-year rainfall flood risk area or the coastal flood risk area as described in section 24-809, except as otherwise allowed pursuant to the New York city zoning resolution.\n \n� 28-507.3 Occupancy. Notwithstanding section 27-751 of the 1968 New York city building code, section 27-2087, section 1208.2 of the New York city building code, any applicable laws in existence prior to December 6, 1968, or any provision of any other local law or the multiple dwelling law that is inconsistent with or that would frustrate the purpose of this article, the department may authorize the use of an eligible basement or cellar residence within the program area as an apartment in accordance with this article. \n \n� 28-507.4 Authorization for temporary residence. The department may issue an authorization for temporary residence for the use of an eligible basement or cellar residence in the program area as an apartment prior to the issuance of a certificate of occupancy or temporary certificate of occupancy in accordance with this section. The owner of an eligible basement or cellar residence may submit an application for an authorization for temporary residence to the department in a form and manner determined by the department. An application for an authorization for temporary residence may not be used as the basis for an enforcement action for illegal occupancy of such residence, provided that nothing in this article shall be construed to prevent the issuance of a vacate order for an imminently hazardous or otherwise unsafe condition. \n \n� 28-507.4.1 Issuance of authorization for temporary residence. The department may issue an authorization for temporary residence upon determining that:\n\n1. The basement or cellar referenced in such application is an eligible basement or cellar residence; \n\n2. Such eligible basement or cellar residence contains an apartment that was in existence prior to April 20, 2024; and \n\n3. Such eligible basement or cellar residence has been inspected, and:\n\n 3.1 Would not pose an imminent risk to the life or safety of occupants;\n \n3.2 Contains a battery-operated or hard-wired smoke detector and carbon monoxide detector;\n\t\n3.3 Contains at least 1 means of egress directly to the outdoors in accordance with the construction standards of chapter 10 of the New York city building code, including access to a public way. Such means of egress shall be an exterior door that swings inward and is provided with landings on both the interior and exterior sides in accordance with section 1010.1.6 of the New York city building code; and\n\n3.4 Has a minimum clear ceiling height in accordance with section 202.5 of appendix U of the New York city building code. \n\n� 28-507.4.2 Rulemaking. The department, in consultation with the fire department and the office of emergency management, shall adopt rules governing the occupancy and use, prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, of eligible basement and cellar residences that have been issued an authorization for temporary residence, including minimum housing maintenance standards. Such rules shall:\n\n1. Require occupancy of an eligible basement or cellar residence by not more than 1 family maintaining a common household; \n \n2. Prohibit an owner or occupant from renting or offering to rent such eligible basement or cellar residence for less than 30 consecutive days; and \n \n3. Prohibit registration of such residence for short-term rental pursuant to chapter 31 of title 26. \n\nExcept as otherwise provided in such rules, the provisions of chapter 2 of title 27 shall not apply to such eligible basement and cellar residences.\n\n� 28-507.4.3 Vacate orders. The department, the department of housing preservation and development, or the fire department may stay an order to vacate an eligible basement or cellar residence once an owner has applied for authorization for temporary residence or at any time following the issuance of an authorization for temporary residence. \n\n� 28-507.4.4 Expiration of authorization for temporary residence. An authorization for temporary residence expires 10 years after the date of its issuance. Prior to such expiration date, the owner must obtain a certificate of occupancy or temporary certificate of occupancy for such residence in accordance with section 28-507.6. An owner must comply with the conditions set forth in section 28-507.4.5 during such 10-year period. The issuance of an authorization for temporary residence allows occupancy of the eligible basement or cellar residence prior to the issuance of a certificate of occupancy or temporary certificate of occupancy. \n\n� 28-507.4.5 Requirements for maintaining an authorization for temporary residence. An authorization for temporary residence shall be subject to the requirements set out in sections 28-507.4.5.1, 28-507.4.5.2, and 28-507.4.5.3\n\n� 28-507.4.5 .1 Requirements within 3 months. Not later than 3 months following the date such authorization is issued, the owner must submit documentation in a form and manner determined by the department establishing that:\n\n1. Such eligible basement or cellar residence has smoke and carbon monoxide alarms in accordance with sections U103.6.2 and U103.6.3 of appendix U of the New York city building code; \n\n2. Such eligible basement or cellar residence has water sensors and alarms in accordance with section U202.11 of appendix U of the New York city building code; \n\n3. Such eligible basement or cellar residence has the required signage posted in a manner prescribed by chapter 2 of title 27 and the rules of the department of housing preservation and development; and\n\n4. The owner has notified any tenants in such eligible basement or cellar residence about enrollment in an emergency alert system operated by the office of emergency management.\n\n� 28-507.4.5.2 Authorization requirements within 1 year. Not later than 1 year following the date such authorization is issued, the owner must submit documentation in a form and manner determined by the department establishing that such eligible basement or cellar residence:\n\n1. Complies with the fire separation standards set forth in section U202.7 of appendix U of the New York city building code; and\n\n2. Is tested and meets the standard set forth in rules promulgated by the department of health and mental hygiene in consultation with the mayor's office of environmental remediation, in accordance with sections U202.9 and U202.10 of appendix U of the New York city building code. \n\n� 28-507.4.5.3 Authorization requirements within 2 years. Not later than 2 years following the date such authorization is issued, the owner must submit documentation in a form and manner determined by the department establishing that such eligible basement or cellar residence has an automatic sprinkler system in accordance with section U103.6.1 of Appendix U of the New York city building code and section 28-507.9, provided, however, that notwithstanding any provision of this article or the multiple dwelling law, in no case shall the addition of an eligible basement or cellar residence require the installation of an automatic sprinkler outside of the eligible basement or cellar residence, or outside of the means of egress from such residence. \n\n� 28-507.4.6 Additional safety or construction requirements. An eligible basement or cellar residence must be in compliance with any additional safety or construction requirements established pursuant to rules promulgated by the department in consultation with the fire department and the office of emergency management.\n \n� 28-507.5 Deferral or waiver of penalties by the department. Payment of any civil penalties for violations issued by the department that would otherwise be required to be paid by an owner of an eligible basement or cellar residence before the issuance of a permit for alterations to comply with section 28-507.4 may be deferred, and upon issuance of a certificate of occupancy or temporary certificate of occupancy in accordance with section 28-507.6, such deferred amounts may be waived. Notwithstanding the preceding sentence, deferred amounts shall continue to be due and owing to the department. Where an owner fails to comply with the requirements of this article, deferred amounts shall no longer be deferred and payment may be enforced in accordance with this code. \n \n� 28-507.6 Certificates of occupancy pursuant to this article. Notwithstanding any inconsistent provision of the multiple dwelling law, article 118 of chapter 1, or of any other law, where an eligible basement or cellar residence in a one- or two-family home has been issued an authorization for temporary residence in accordance with section 28-507.4, the department may issue a certificate of occupancy pursuant to the article as follows: \n\n1. For a building erected prior to January 1, 1938 that does not have and is not otherwise required to have a certificate of occupancy, issue a partial certificate of occupancy limited to the new or altered apartment in the basement of a building or the new apartment in the cellar of a building. \n\n2. For a building with an existing certificate of occupancy, issue an amended certificate of occupancy limited to the new or altered apartment in the basement of such building or the new apartment in the cellar of such building. \n\n� 28-507.6.1 Issuance of an amended or partial certificate of occupancy. A partial or amended certificate of occupancy shall be issued subject to the following conditions:\n\n1. Upon inspection, the apartment being created or altered (i) conforms substantially to the approved construction documents, complies with this code and other applicable laws, except as specifically provided in this article, and is safe for occupancy, or (ii) the department upon an inspection certifies that waiver of otherwise applicable requirements is appropriate because such apartment provides for the health and safety of all occupants of such dwelling by alternative means that are no less stringent than the requirements of this article. \n\n2. Upon inspection, the required means of egress from all floors of the building comply with this code and other applicable laws.\n\n3. A partial or amended certificate of occupancy or a temporary certificate of occupancy may be issued where there are open pre-existing violations in the building. All such open violations, including those specified in the exceptions below, shall remain administratively open and the department may thereafter continue to enforce against such violations until, in accordance with applicable provisions of this code, outstanding penalties are paid and, if applicable, certificates of correction are approved by the department.\n\nExceptions: \n\n1. Where a pre-existing violation in parts of the building outside of the new or altered apartment is classified as \"immediately hazardous,\" the condition that gave rise to the issuance of such immediately hazardous violation must be removed or remedied in accordance with the New York city construction codes and to the satisfaction of the commissioner of buildings, and evidence of such removal or remediation in the form of plans, drawings, photos, affidavits, or a combination thereof, with the signature and seal of a registered design professional or, if applicable, a licensee of the department in the applicable trade, must be submitted to the department prior to the issuance of such amended or partial certificate of occupancy or a temporary certificate of occupancy. \n\n2. Any condition that gave rise to a pre-existing violation in the new or altered apartment must be removed or remedied by work performed under permits issued pursuant to this article. \n\n3. Notwithstanding any inconsistent provision of this code, including sections 28-118.14 and 28-219.1, a certificate of occupancy or a temporary certificate of occupancy may be issued for a basement or cellar apartment created or altered pursuant to this article where there are outstanding fines and civil penalties for pre-existing violations, provided that such fines and civil penalties may remain due and owing, and the department may thereafter enforce and collect such amounts in accordance with this code, unless such department determines that such fines and civil penalties should be waived in the interest of the program. When determining whether to waive such fines and civil penalties, the department may consider factors including the number and pecuniary amount of fines and civil penalties owed, the financial need of the owner, and the likely effect of such fines and civil penalties on compliance with this code. \n \n� 28-507.6.2 Refusal to issue a certificate of occupancy or temporary certificate of occupancy. The department may refuse to issue a certificate of occupancy or a temporary certificate of occupancy pursuant to this section if there are outstanding violations issued by the department, penalties or open permits not signed off related for work performed under permits issued pursuant to this article until such penalties have been paid, such violations have been corrected, including filing certificates of correction, if applicable, and permits have been closed, as required by this code. \n\n� 28-507.6.3 Certificates of occupancy to reference this article. Every certificate of occupancy or temporary certificate of occupancy issued for a basement or cellar apartment in a one- or two-family home created or altered pursuant to this article must contain a reference to this article. A partial or amended certificate of occupancy or a temporary certificate of occupancy issued pursuant to section 28-507.6 must contain a note that such certificate of occupancy does not certify compliance with applicable laws with respect to parts of the building outside of the apartment created or altered pursuant to this article. \n\n� 28-507.6.4 Certificate of occupancy for one- or two-family home. Where a basement or cellar in a one- or two-family home has been issued an authorization for temporary residence in accordance with section 28-507.4, the department shall issue a certificate of occupancy, temporary certificate of occupancy, partial certificate of occupancy, or amended certificate of occupancy for such dwelling in accordance with the requirements of appendix U of the New York city building code. \n\n� 28-507.6.5 Certificate of occupancy for a multiple dwelling. Except as may be provided in the rules of the department, in consultation with the fire department, the office of emergency management, the department of housing preservation and development, the department environmental protection, and the department health and mental hygiene, where a basement or cellar in a multiple dwelling has been issued an authorization for temporary residence in accordance with section 28-507.4, the department shall issue a certificate of occupancy, temporary certificate of occupancy, or amended certificate of occupancy for such dwelling in accordance with the requirements of this code for Group R-2 occupancy.\n \n� 28-507.7 Waiver of application, permit, and inspection fees by the department. The commissioner shall waive all fees, which would otherwise be required to be paid to the department by this title, the New York city electrical code, or the rules of the department, in connection with applications, permits, and inspections for work in the program area related to the creation or alteration of habitable apartments in basements and cellars where such apartments are officially subsidized under the program administered by the department of housing preservation and development pursuant to section 28-507.12.\n \n� 28-507.8 Waiver of fees by other agencies. The department of environmental protection shall waive all fees which would otherwise be required to be paid to such department arising out of the creation or alteration of habitable apartments in basements and cellars where such apartments are officially subsidized under the program administered by the department of housing preservation and development pursuant to section 28-507.12. Any other agency may promulgate rules to waive fees that would otherwise be required to be paid arising out of the creation or alteration of such apartments where such apartments are officially subsidized under the program administered by the department of housing preservation and development pursuant to section 28-507.12, and where such agency determines that such waiver would facilitate such program.\n \n� 28-507.9 Compliance with fire code sprinkler requirements for altered buildings on substandard width streets. Any habitable apartment in a basement or cellar created or altered pursuant to section 28-507.3 shall be deemed to be an alteration subject to exception 5.1 of section 501.4.3.1 of the New York city fire code.\n \n� 28-507.10 Construction. Except as specifically provided in this article, nothing in this article is intended to grant authorization for any work to be done in any manner in violation of the provisions of this code, or any other law or rule.\n \n� 28-507.11 Enforcement and revocation. The provisions of this article shall be enforced in accordance with section 28-507.11.1, 28-507.11.2, and 28-507.11.3.\n\n� 28-507.11.1 Violations. Violations of this article and rules of the department promulgated pursuant to this article shall be subject to enforcement and penalties in accordance with chapter 2 of this title. Notices of violation, administrative summonses, and appearance tickets may be issued by employees of the department or the fire department. \n\n� 28-507.11.2 Inspections and revocation. The department and the fire department may inspect eligible basement or cellar residence participating in the program authorized by this article in accordance with applicable law. The department may, after notice and opportunity to be heard, revoke an authorization for temporary residence where 3 or more violations of this article or rules of the department promulgated pursuant to this article have been committed within a 1 year period, or where any violation of section 28-507.4 has been committed. \n\n� 28-507.11.3 Reinstatement of prior actions upon expiration or revocation. Where an authorization for temporary residences expires or is revoked before a certificate of occupancy or temporary certificate of occupancy is issued for an eligible basement or cellar residence, the department, the department of housing preservation and development, or the fire department may, as applicable, take any of the follow actions:\n\n1. Issue a vacate order if the basement or cellar is occupied. \n\n2. Reinstate any prosecution for illegal occupancy that was deferred or waived pursuant to this article.\n\n3. Reinstate and commence collection of any penalties that were deferred or waived pursuant to sections 28-507.5 or 28-507.6, including interest that would have accrued from the time of such deferral or waiver.\n\n� 28-507.12 Technical assistance and outreach. The department of housing preservation and development shall establish a program to provide technical assistance to owners of eligible basement or cellar residences that are contained within one-family or two-family homes and conduct public education and outreach to owners of dwellings such department determines are likely to include eligible conversions.\n \n� 28-507.13 Tenant protections. Protections for a tenant of an eligible basement or cellar residence shall be in accordance with sections 28-507.13.1, 28-507.13.2, and 28-507.13.3.\n\n� 28-507.13.1 Certification of rental status as of April 20, 2024.An application for authorization for temporary residence pursuant to section 28-507.4 must be accompanied by a certification from the owner of an eligible basement or cellar residence indicating whether such residence was rented to a tenant on April 20, 2024, notwithstanding whether the occupancy of such residence was authorized by law. Such certification may not be used as the basis for an enforcement action for the illegal occupancy of such unit, provided however that nothing in this article shall prevent the issuance of a vacate order for imminently hazardous or unsafe conditions. \n\n� 28-507.13.2 Tenant right of first return. A tenant in occupancy of an inhabited eligible basement or cellar residence on April 20, 2024 who is evicted or otherwise removed from such residence as a result of an alteration necessary to bring such residence into compliance with the standards set out in this article shall have a right of first refusal to return to such unit as a tenant upon its first occupancy following such alteration, notwithstanding whether such occupancy on April 20, 2024 was authorized by law, subject to rules established by the department of housing preservation and development. \n\n� 28-507.13.3 Tenant cause of action. A tenant unlawfully denied a right of first refusal to return to an eligible basement or cellar residence pursuant to this article shall have a cause of action in any court of competent jurisdiction for compensatory damages or declaratory and injunctive relief as the court deems necessary in the interests of justice, provided that such compensatory relief shall not exceed the annual rental charges for such eligible basement or cellar residence.\n \n� 28-507.14 Application deadline. To participate in the temporary residence program, the owner of an eligible basement or cellar residence must apply for authorization for temporary residence pursuant to section 28-507.4 not later than April 20, 2029.\n\n � 2. This local law takes effect 180 days after it becomes law.\n \n \n \nAPM\nProposed Int. 1127-A\n11/27/24 6:14pm\n\n1\n\n\n\n\n\n\n\n\n10", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}{\\f1\\froman\\fcharset0 Times New Roman Bold;}}\n\\viewkind4\\uc1\n\\v0\\par\n\\pard\\ltrpar\\noline\\hyphpar0\\sl480\\slmult1\\qj\\ul Be it enacted by the Council as follows:\\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\sl480\\slmult1\\qj\\ulnone Section 1. Chapter 5 of title 28 of the administrative code of the city of New York is amended by adding a new article 507 to read as follows: \\par\n\\pard\\ltrpar\\hyphpar0\\qc\\ul\\b ARTICLE 507\\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\qc PILOT PROGRAM FOR ELIGIBLE BASEMENT AND CELLAR RESIDENCES\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\'a728-507.1 Definitions.\\b0 For purposes of this article, the following terms have the following meanings:\\par\n\\par\n\\b\\caps Apartment\\caps0 .\\b0 The term \\ldblquote apartment\\rdblquote has the same meaning as defined in section BC 202 of the New York city building code.\\par\n\\par\n\\b\\caps Application\\caps0 .\\b0 The term \\ldblquote application\\rdblquote means an application for authorization for temporary residence pursuant to this article.\\par\n\\par\n\\b\\caps Authorization for temporary residence\\caps0 .\\b0 The term \\ldblquote authorization for temporary\\rdblquote residence means an authorization issued by the department pursuant to section 28-507.4 authorizing the temporary use of an eligible basement or cellar as an apartment prior to the issuance of a certificate of occupancy or temporary certificate of occupancy for such use.\\par\n\\par\n\\b\\caps Basement\\caps0 .\\b0 The term \\ldblquote basement\\rdblquote means a story partly below the grade plane and having less than one-half of its clear height, measured from finished floor to finished ceiling, below the grade plane.\\par\n\\par\n\\b\\caps Cellar\\caps0 .\\b0 The term \\ldblquote cellar\\rdblquote means that portion of a building that is partly or wholly underground, and having one-half or more of its clear height, measured from finished floor to finished ceiling, below the grade plane. \\par\n\\par\n\\b\\caps Eligible basement or cellar residence\\caps0 .\\b0 The term \\ldblquote eligible basement or cellar residence\\rdblquote means a basement or cellar in an existing dwelling within the program area, unlawfully arranged to be occupied as an apartment with acceptable kitchen and sanitation facilities as described in department rules, and which apartment was in existence prior to April 20, 2024.\\par\n\\par\n\\b\\caps Family\\caps0 .\\b0 The term \\ldblquote family\\rdblquote has the same meaning as defined in the multiple dwelling law, except that as used in this article, family shall not include any boarders, roomers, or lodgers.\\par\n\\par\n\\b\\caps\\f1 Pre-existing violation.\\b0\\caps0\\f0 The term \\ldblquote pre-existing violation\\rdblquote means a violation issued by an agency of the city of New York for the illegal occupancy of a basement or a cellar for which a notice of violation, administrative summons, criminal court summons, or other process was issued prior to the date of issuance of an authorization for temporary residence by the department pursuant to this article.\\par\n\\par\n\\b\\caps\\f1 Program area\\caps0\\f0 .\\b0 The term \\ldblquote program\\rdblquote area means Bronx community district 9; Bronx community district 10; Bronx community district 11; Bronx community district 12; Brooklyn community district 4; Brooklyn community district 10; Brooklyn community district 11; Brooklyn community district 17; Manhattan community district 2; Manhattan community district 3; Manhattan community district 9; Manhattan community district 10; Manhattan community district 11; Manhattan community district 12; and Queens community district 2, and such other community districts as may be authorized pursuant to section 289 of the multiple dwelling law.\\par\n\\par\n\\b\\caps\\f1 Rented\\caps0\\f0 .\\b0 The term \\ldblquote rented\\rdblquote means leased, let, or hired out, with or without a written agreement.\\par\n\\b\\caps\\f1\\par\nTemporary residence program\\caps0\\f0 .\\b0 The term \\ldblquote temporary residence program\\rdblquote means a program established pursuant to this article to facilitate the legalization of eligible basement and cellar residences within the program area and to authorize their temporary use as apartments pending the issuance of a certificate of occupancy or temporary certificate of occupancy for such use.\\par\n\\b\\caps\\f1\\par\nTenant\\caps0\\f0 .\\b0 The term \\ldblquote tenant\\rdblquote means an individual to whom an eligible basement or cellar residence is rented. \\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.2 Eligibility.\\b0 This article applies to private dwellings and multiple dwellings. The department shall establish a temporary residence program in accordance with this article. To participate in such program, an owner of an eligible basement or cellar residence shall apply for authorization for temporary residence pursuant to section 28-507.4 on or before April 20, 2029. An application for temporary residence may not be made where the eligible basement or cellar residence is located within the 10-year rainfall flood risk area or the coastal flood risk area as described in section 24-809, except as otherwise allowed pursuant to the New York city zoning resolution.\\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.3 Occupancy.\\b0 Notwithstanding section 27-751 of the 1968 New York city building code, section 27-2087, section 1208.2 of the New York city building code, any applicable laws in existence prior to December 6, 1968, or any provision of any other local law or the multiple dwelling law that is inconsistent with or that would frustrate the purpose of this article, the department may authorize the use of an eligible basement or cellar residence within the program area as an apartment in accordance with this article. \\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.4 Authorization for temporary residence.\\b0 The department may issue an authorization for temporary residence for the use of an eligible basement or cellar residence in the program area as an apartment prior to the issuance of a certificate of occupancy or temporary certificate of occupancy in accordance with this section. The owner of an eligible basement or cellar residence may submit an application for an authorization for temporary residence to the department in a form and manner determined by the department. An application for an authorization for temporary residence may not be used as the basis for an enforcement action for illegal occupancy of such residence, provided that nothing in this article shall be construed to prevent the issuance of a vacate order for an imminently hazardous or otherwise unsafe condition. \\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.4.1 Issuance of authorization for temporary residence.\\b0 The department may issue an authorization for temporary residence upon determining that:\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj 1. The basement or cellar referenced in such application is an eligible basement or cellar residence; \\par\n\\par\n2. Such eligible basement or cellar residence contains an apartment that was in existence prior to April 20, 2024; and \\par\n\\par\n3. Such eligible basement or cellar residence has been inspected, and:\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\fi1080\\qj 3.1 Would not pose an imminent risk to the life or safety of occupants;\\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li1080\\qj 3.2 Contains a battery-operated or hard-wired smoke detector and carbon monoxide detector;\\par\n\\pard\\ltrpar\\hyphpar0\\li1440\\qj\\ulnone\\tab\\ul\\par\n\\pard\\ltrpar\\hyphpar0\\li1080\\qj 3.3 Contains at least 1 means of egress directly to the outdoors in accordance with the construction standards of chapter 10 of the New York city building code, including access to a public way. Such means of egress shall be an exterior door that swings inward and is provided with landings on both the interior and exterior sides in accordance with section 1010.1.6 of the New York city building code; and\\par\n\\pard\\ltrpar\\hyphpar0\\li1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li1080\\qj 3.4 Has a minimum clear ceiling height in accordance with section 202.5 of appendix U of the New York city building code. \\par\n\\pard\\ltrpar\\hyphpar0\\li1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.4.2 Rulemaking.\\b0 The department, in consultation with the fire department and the office of emergency management, shall adopt rules governing the occupancy and use, prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, of eligible basement and cellar residences that have been issued an authorization for temporary residence, including minimum housing maintenance standards. Such rules shall:\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj 1. Require occupancy of an eligible basement or cellar residence by not more than 1 family maintaining a common household; \\par\n\\pard\\ltrpar\\hyphpar0\\fi360\\li360\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj 2. Prohibit an owner or occupant from renting or offering to rent such eligible basement or cellar residence for less than 30 consecutive days; and \\par\n\\pard\\ltrpar\\hyphpar0\\fi360\\li360\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj 3. Prohibit registration of such residence for short-term rental pursuant to chapter 31 of title 26. \\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj Except as otherwise provided in such rules, the provisions of chapter 2 of title 27 shall not apply to such eligible basement and cellar residences.\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj\\b\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\'a7 28-507.4.3 Vacate orders. \\b0 The department, the department of housing preservation and development, or the fire department may stay an order to vacate an eligible basement or cellar residence once an owner has applied for authorization for temporary residence or at any time following the issuance of an authorization for temporary residence. \\par\n\\pard\\ltrpar\\hyphpar0\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.4.4 Expiration of authorization for temporary residence.\\b0 An authorization for temporary residence expires 10 years after the date of its issuance. Prior to such expiration date, the owner must obtain a certificate of occupancy or temporary certificate of occupancy for such residence in accordance with section 28-507.6. An owner must comply with the conditions set forth in section 28-507.4.5 during such 10-year period. The issuance of an authorization for temporary residence allows occupancy of the eligible basement or cellar residence prior to the issuance of a certificate of occupancy or temporary certificate of occupancy. \\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.4.5 Requirements for maintaining an authorization for temporary residence. \\b0 An authorization for temporary residence shall be subject to the requirements set out in sections 28-507.4.5.1, 28-507.4.5.2, and 28-507.4.5.3\\par\n\\b\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj\\'a7 28-507.4.5 .1 Requirements within 3 months.\\b0 Not later than 3 months following the date such authorization is issued, the owner must submit documentation in a form and manner determined by the department establishing that:\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li1080\\qj 1. Such eligible basement or cellar residence has smoke and carbon monoxide alarms in accordance with sections U103.6.2 and U103.6.3 of appendix U of the New York city building code; \\par\n\\par\n2. Such eligible basement or cellar residence has water sensors and alarms in accordance with section U202.11 of appendix U of the New York city building code; \\par\n\\par\n3. Such eligible basement or cellar residence has the required signage posted in a manner prescribed by chapter 2 of title 27 and the rules of the department of housing preservation and development; and\\par\n\\par\n4. The owner has notified any tenants in such eligible basement or cellar residence about enrollment in an emergency alert system operated by the office of emergency management.\\par\n\\pard\\ltrpar\\hyphpar0\\li1875\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj\\b\\'a7 28-507.4.5.2 Authorization requirements within 1 year.\\b0 Not later than 1 year following the date such authorization is issued, the owner must submit documentation in a form and manner determined by the department establishing that such eligible basement or cellar residence:\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li1080\\qj 1. Complies with the fire separation standards set forth in section U202.7 of appendix U of the New York city building code; and\\par\n\\par\n2. Is tested and meets the standard set forth in rules promulgated by the department of health and mental hygiene in consultation with the mayor\\rquote s office of environmental remediation, in accordance with sections U202.9 and U202.10 of appendix U of the New York city building code. \\par\n\\pard\\ltrpar\\hyphpar0\\li1800\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj\\b\\'a7 28-507.4.5.3 Authorization requirements within 2 years.\\b0 Not later than 2 years following the date such authorization is issued, the owner must submit documentation in a form and manner determined by the department establishing that such eligible basement or cellar residence has an automatic sprinkler system in accordance with section U103.6.1 of Appendix U of the New York city building code and section 28-507.9, provided, however, that notwithstanding any provision of this article or the multiple dwelling law, in no case shall the addition of an eligible basement or cellar residence require the installation of an automatic sprinkler outside of the eligible basement or cellar residence, or outside of the means of egress from such residence. \\par\n\\pard\\ltrpar\\hyphpar0\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.4.6 Additional safety or construction requirements. \\b0 An eligible basement or cellar residence must be in compliance with any additional safety or construction requirements established pursuant to rules promulgated by the department in consultation with the fire department and the office of emergency management.\\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.5 Deferral or waiver of penalties by the department.\\b0 Payment of any civil penalties for violations issued by the department that would otherwise be required to be paid by an owner of an eligible basement or cellar residence before the issuance of a permit for alterations to comply with section 28-507.4 may be deferred, and upon issuance of a certificate of occupancy or temporary certificate of occupancy in accordance with section 28-507.6, such deferred amounts may be waived. Notwithstanding the preceding sentence, deferred amounts shall continue to be due and owing to the department. Where an owner fails to comply with the requirements of this article, deferred amounts shall no longer be deferred and payment may be enforced in accordance with this code. \\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.6 Certificates of occupancy pursuant to this article.\\b0 Notwithstanding any inconsistent provision of the multiple dwelling law, article 118 of chapter 1, or of any other law, where an eligible basement or cellar residence in a one- or two-family home has been issued an authorization for temporary residence in accordance with section 28-507.4, the department may issue a certificate of occupancy pursuant to the article as follows: \\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj 1. For a building erected prior to January 1, 1938 that does not have and is not otherwise required to have a certificate of occupancy, issue a partial certificate of occupancy limited to the new or altered apartment in the basement of a building or the new apartment in the cellar of a building. \\par\n\\par\n2. For a building with an existing certificate of occupancy, issue an amended certificate of occupancy limited to the new or altered apartment in the basement of such building or the new apartment in the cellar of such building. \\par\n\\pard\\ltrpar\\hyphpar0\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.6.1 Issuance of an amended or partial certificate of occupancy. \\b0 A partial or amended certificate of occupancy shall be issued subject to the following conditions:\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj 1. Upon inspection, the apartment being created or altered (i) conforms substantially to the approved construction documents, complies with this code and other applicable laws, except as specifically provided in this article, and is safe for occupancy, or (ii) the department upon an inspection certifies that waiver of otherwise applicable requirements is appropriate because such apartment provides for the health and safety of all occupants of such dwelling by alternative means that are no less stringent than the requirements of this article. \\par\n\\par\n2. Upon inspection, the required means of egress from all floors of the building comply with this code and other applicable laws.\\par\n\\par\n3. A partial or amended certificate of occupancy or a temporary certificate of occupancy may be issued where there are open pre-existing violations in the building. All such open violations, including those specified in the exceptions below, shall remain administratively open and the department may thereafter continue to enforce against such violations until, in accordance with applicable provisions of this code, outstanding penalties are paid and, if applicable, certificates of correction are approved by the department.\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li1080\\qj\\b Exceptions:\\b0 \\par\n\\par\n1. Where a pre-existing violation in parts of the building outside of the new or altered apartment is classified as \\ldblquote immediately hazardous,\\rdblquote the condition that gave rise to the issuance of such immediately hazardous violation must be removed or remedied in accordance with the New York city construction codes and to the satisfaction of the commissioner of buildings, and evidence of such removal or remediation in the form of plans, drawings, photos, affidavits, or a combination thereof, with the signature and seal of a registered design professional or, if applicable, a licensee of the department in the applicable trade, must be submitted to the department prior to the issuance of such amended or partial certificate of occupancy or a temporary certificate of occupancy. \\par\n\\pard\\ltrpar\\hyphpar0\\qj\\tx1170\\par\n\\pard\\ltrpar\\hyphpar0\\li1080\\qj\\tx1170 2. Any condition that gave rise to a pre-existing violation in the new or altered apartment must be removed or remedied by work performed under permits issued pursuant to this article. \\par\n\\pard\\ltrpar\\hyphpar0\\qj\\tx1170\\par\n\\pard\\ltrpar\\hyphpar0\\li1080\\qj\\tx1170 3. Notwithstanding any inconsistent provision of this code, including sections 28-118.14 and 28-219.1, a certificate of occupancy or a temporary certificate of occupancy may be issued for a basement or cellar apartment created or altered pursuant to this article where there are outstanding fines and civil penalties for pre-existing violations, provided that such fines and civil penalties may remain due and owing, and the department may thereafter enforce and collect such amounts in accordance with this code, unless such department determines that such fines and civil penalties should be waived in the interest of the program. When determining whether to waive such fines and civil penalties, the department may consider factors including the number and pecuniary amount of fines and civil penalties owed, the financial need of the owner, and the likely effect of such fines and civil penalties on compliance with this code. \\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.6.2 Refusal to issue a certificate of occupancy or temporary certificate of occupancy.\\b0 The department may refuse to issue a certificate of occupancy or a temporary certificate of occupancy pursuant to this section if there are outstanding violations issued by the department, penalties or open permits not signed off related for work performed under permits issued pursuant to this article until such penalties have been paid, such violations have been corrected, including filing certificates of correction, if applicable, and permits have been closed, as required by this code. \\par\n\\pard\\ltrpar\\hyphpar0\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.6.3 Certificates of occupancy to reference this article. \\b0 Every certificate of occupancy or temporary certificate of occupancy issued for a basement or cellar apartment in a one- or two-family home created or altered pursuant to this article must contain a reference to this article. A partial or amended certificate of occupancy or a temporary certificate of occupancy issued pursuant to section 28-507.6 must contain a note that such certificate of occupancy does not certify compliance with applicable laws with respect to parts of the building outside of the apartment created or altered pursuant to this article. \\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.6.4 Certificate of occupancy for one- or two-family home. \\b0 Where a basement or cellar in a one- or two-family home has been issued an authorization for temporary residence in accordance with section 28-507.4, the department shall issue a certificate of occupancy, temporary certificate of occupancy, partial certificate of occupancy, or amended certificate of occupancy for such dwelling in accordance with the requirements of appendix U of the New York city building code. \\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj\\b\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\'a7 28-507.6.5 Certificate of occupancy for a multiple dwelling. \\b0 Except as may be provided in the rules of the department, in consultation with the fire department, the office of emergency management, the department of housing preservation and development, the department environmental protection, and the department health and mental hygiene, where a basement or cellar in a multiple dwelling has been issued an authorization for temporary residence in accordance with section 28-507.4, the department shall issue a certificate of occupancy, temporary certificate of occupancy, or amended certificate of occupancy for such dwelling in accordance with the requirements of this code for Group R-2 occupancy.\\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.7 Waiver of application, permit, and inspection fees by the department.\\b0 The commissioner shall waive all fees, which would otherwise be required to be paid to the department by this title, the New York city electrical code, or the rules of the department, in connection with applications, permits, and inspections for work in the program area related to the creation or alteration of habitable apartments in basements and cellars where such apartments are officially subsidized under the program administered by the department of housing preservation and development pursuant to section 28-507.12.\\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.8 Waiver of fees by other agencies.\\b0 The department of environmental protection shall waive all fees which would otherwise be required to be paid to such department arising out of the creation or alteration of habitable apartments in basements and cellars where such apartments are officially subsidized under the program administered by the department of housing preservation and development pursuant to section 28-507.12. Any other agency may promulgate rules to waive fees that would otherwise be required to be paid arising out of the creation or alteration of such apartments where such apartments are officially subsidized under the program administered by the department of housing preservation and development pursuant to section 28-507.12, and where such agency determines that such waiver would facilitate such program.\\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.9 Compliance with fire code sprinkler requirements for altered buildings on substandard width streets.\\b0 Any habitable apartment in a basement or cellar created or altered pursuant to section 28-507.3 shall be deemed to be an alteration subject to exception 5.1 of section 501.4.3.1 of the New York city fire code.\\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.10 Construction.\\b0 Except as specifically provided in this article, nothing in this article is intended to grant authorization for any work to be done in any manner in violation of the provisions of this code, or any other law or rule.\\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.11 Enforcement and revocation.\\b0 The provisions of this article shall be enforced in accordance with section 28-507.11.1, 28-507.11.2, and 28-507.11.3.\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.11.1 Violations. \\b0 Violations of this article and rules of the department promulgated pursuant to this article shall be subject to enforcement and penalties in accordance with chapter 2 of this title. Notices of violation, administrative summonses, and appearance tickets may be issued by employees of the department or the fire department. \\par\n\\pard\\ltrpar\\hyphpar0\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.11.2 Inspections and revocation. \\b0 The department and the fire department may inspect eligible basement or cellar residence participating in the program authorized by this article in accordance with applicable law. The department may, after notice and opportunity to be heard, revoke an authorization for temporary residence where 3 or more violations of this article or rules of the department promulgated pursuant to this article have been committed within a 1 year period, or where any violation of section 28-507.4 has been committed. \\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\'a7 28-507.11.3 Reinstatement of prior actions upon expiration or revocation. \\b0 Where an authorization for temporary residences expires or is revoked before a certificate of occupancy or temporary certificate of occupancy is issued for an eligible basement or cellar residence, the department, the department of housing preservation and development, or the fire department may, as applicable, take any of the follow actions:\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li720\\qj 1. Issue a vacate order if the basement or cellar is occupied. \\par\n\\par\n2. Reinstate any prosecution for illegal occupancy that was deferred or waived pursuant to this article.\\par\n\\par\n3. Reinstate and commence collection of any penalties that were deferred or waived pursuant to sections 28-507.5 or 28-507.6, including interest that would have accrued from the time of such deferral or waiver.\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\par\n\\b\\'a7 28-507.12 Technical assistance and outreach.\\b0 The department of housing preservation and development shall establish a program to provide technical assistance to owners of eligible basement or cellar residences that are contained within one-family or two-family homes and conduct public education and outreach to owners of dwellings such department determines are likely to include eligible conversions.\\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.13 Tenant protections.\\b0 Protections for a tenant of an eligible basement or cellar residence shall be in accordance with sections 28-507.13.1, 28-507.13.2, and 28-507.13.3.\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\qj\\b\\'a7 28-507.13.1 Certification of rental status as of April 20, 2024.\\b0 An application for authorization for temporary residence pursuant to section 28-507.4 must be accompanied by a certification from the owner of an eligible basement or cellar residence indicating whether such residence was rented to a tenant on April 20, 2024, notwithstanding whether the occupancy of such residence was authorized by law. Such certification may not be used as the basis for an enforcement action for the illegal occupancy of such unit, provided however that nothing in this article shall prevent the issuance of a vacate order for imminently hazardous or unsafe conditions. \\par\n\\par\n\\b\\'a7 28-507.13.2 Tenant right of first return. \\b0 A tenant in occupancy of an inhabited eligible basement or cellar residence on April 20, 2024 who is evicted or otherwise removed from such residence as a result of an alteration necessary to bring such residence into compliance with the standards set out in this article shall have a right of first refusal to return to such unit as a tenant upon its first occupancy following such alteration, notwithstanding whether such occupancy on April 20, 2024 was authorized by law, subject to rules established by the department of housing preservation and development. \\par\n\\par\n\\b\\'a7 28-507.13.3 Tenant cause of action. \\b0 A tenant unlawfully denied a right of first refusal to return to an eligible basement or cellar residence pursuant to this article shall have a cause of action in any court of competent jurisdiction for compensatory damages or declaratory and injunctive relief as the court deems necessary in the interests of justice, provided that such compensatory relief shall not exceed the annual rental charges for such eligible basement or cellar residence.\\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\qj\\par\n\\pard\\ltrpar\\hyphpar0\\qj\\b\\'a7 28-507.14 Application deadline.\\b0 To participate in the temporary residence program, the owner of an eligible basement or cellar residence must apply for authorization for temporary residence pursuant to section 28-507.4 not later than April 20, 2029.\\par\n\\par\n\\pard\\ltrpar\\hyphpar0\\fi720\\sl480\\slmult1\\qj\\ulnone\\'a7 2. This local law takes effect 180 days after it becomes law.\\par\n\\pard\\ltrpar\\noline\\hyphpar0\\fi720\\qj\\fs22\\par\n\\par\n\\par\n\\pard\\ltrpar\\noline\\hyphpar0\\qj APM\\par\nProposed Int. 1127-A\\par\n\\pard\\ltrpar\\hyphpar0\\sl480\\slmult1\\qj 11/27/24 6:14pm\\fs24\\par\n}\n", - "LastModified": "2024-12-05T17:21:13.057Z" + "LastModified": "2024-12-05T18:34:08.877Z" } diff --git a/introduction/2024/1128.json b/introduction/2024/1128.json index ba5a2c003..d45a1401e 100644 --- a/introduction/2024/1128.json +++ b/introduction/2024/1128.json @@ -236,7 +236,7 @@ "Attachments": [ { "ID": 312137, - "LastModified": "2024-12-05T17:21:39.607Z", + "LastModified": "2024-12-05T18:34:25.58Z", "Name": "Summary of Int. No. 1128-A", "Link": "https://nyc.legistar1.com/nyc/attachments/940fd348-0f8f-4097-bce8-6d036ee841f0.docx", "Sort": 1 @@ -298,30 +298,30 @@ "Sort": 10 }, { - "ID": 312318, - "LastModified": "2024-12-05T17:21:49.117Z", + "ID": 312340, + "LastModified": "2024-12-05T18:34:32.26Z", "Name": "Committee Report 12/5/24", - "Link": "https://nyc.legistar1.com/nyc/attachments/9aea99ee-0889-4c86-bea7-dd3294e6e8f3.docx", - "Sort": 11 + "Link": "https://nyc.legistar1.com/nyc/attachments/9c94488f-5940-4445-acb5-b85ef48cbb90.docx", + "Sort": 12 }, { "ID": 312319, - "LastModified": "2024-12-05T17:21:54.96Z", + "LastModified": "2024-12-05T18:34:28.61Z", "Name": "Fiscal Impact Statement", "Link": "https://nyc.legistar1.com/nyc/attachments/1c24a9a6-6a3a-4a08-b653-53627fc34223.docx", - "Sort": 12 + "Sort": 13 }, { - "ID": 312320, - "LastModified": "2024-12-05T17:22:04.46Z", + "ID": 312341, + "LastModified": "2024-12-05T18:34:35.443Z", "Name": "Committee Report - Stated Meeting 12/5/24", - "Link": "https://nyc.legistar1.com/nyc/attachments/88e5c938-f5c4-4056-91e0-63c414a57ba4.docx", - "Sort": 13 + "Link": "https://nyc.legistar1.com/nyc/attachments/083a7b34-4bae-437e-aed0-3c6622c30c39.docx", + "Sort": 14 } ], "Summary": "This bill would set forth eligibility and design requirements for ancillary dwelling units (“ADU”) in one- or two-family dwellings. Specifically, this bill would require ADUs to have separate utilities from the primary dwelling, including heating, ventilation, air-conditioning, electrical, and gas systems. Additionally, this bill would require ADUs to have separate entrances, with basement ADUs required to have at least 1 means of egress and cellar ADUs required to have at least 2 means of egress. This bill would also set forth required means of fire prevention in ADUs, including fire separation, automatic sprinklers, smoke alarms, and exit stairways. Additionally, this bill would set forth requirements for light, ventilation, window size, emergency service access to units, and occupancy. Finally, this bill would prohibit basement and cellar ADUs in coastal and inland flood hazard areas, to mirror such prohibitions in the New York City Zoning Resolution.", "TextID": 78781, "Text": "Be it enacted by the Council as follows:\n Section 1. The New York city building code is amended by adding a new appendix U to read as follows:\nAPPENDIX U\nANCILLARY DWELLING UNITS\nSECTION BC U101 \nGENERAL\nU101.1 Scope. Except as modified by the express provisions of this appendix, an ancillary dwelling unit shall be constructed on the same tax lot as a one- or two-family dwelling in accordance with the requirements of this code.\nU101.1.1 Multiple dwelling law. Where the ADU is located within the same building as the primary dwelling, and the total number of dwelling units of such building exceeds 2, the entire building shall be classified as Group R-2 occupancy and comply with all applicable requirements of Group R-2 occupancy in this code and the New York State Multiple Dwelling Law as applicable, except for basement and cellar units in the program area pursuant to Section U202.12. Buildings constructed as Type V construction may not be converted or altered to a three-family dwelling, except for eligible conversions made habitable pursuant to U202.12.\nU101.2 General conditions. Any ADU permitted pursuant to this appendix must comply with the following conditions:\n1. An ADU shall only be permitted to be associated with a primary dwelling that is classified in occupancy Group R-3.\n2. An ADU shall not be used as a care facility providing custodial care to any persons pursuant to Section 310.5. \n3. An ADU shall not be constructed in the rear yard, as such term is defined by the New York City Zoning Resolution, of an attached one- or two-family dwelling. \n4. An ADU in a cellar must have a clear ceiling height that is at least 2 feet above the grade plane.\nU101.3 Types of ADUs. Where permitted by the New York City Zoning Resolution, no more than 1 ADU may be constructed on each tax lot, in 1 of the following locations:\n1. Above the grade plane, adjoining, or within the same building as the one-family dwelling, including attic or enlargement, constructed in accordance with Section U201.\n2. In the basement or cellar of the building containing the primary dwelling, constructed in accordance with Section U202.\n3. Separated by a fire wall from the two-family dwelling, constructed in accordance with Section U203.\n 4. Detached from the primary dwelling, constructed in accordance with Section U204.\n 5. Manufactured home, installed in accordance with Section U205.\nU101.4 Certificate of occupancy. No ADU shall be occupied for dwelling purposes without a certificate of occupancy issued by the commissioner to permit such ADU in accordance with Section 28-118.3 of the Administrative Code. An ADU constructed in accordance with Section U203, U204, or U205 shall require a separate certificate of occupancy from the primary dwelling unit. An ADU constructed in accordance with Section U201 and U202 shall require a new or amended certificate of occupancy for all the primary dwelling units and the ADU. In addition to Section 28-118.6 of the Administrative Code, such certificate of occupancy shall indicate the following as applicable:\n1. An ADU located in the basement or cellar shall be identified as \"ADU Apartment U per BC U202\".\n2. An ADU located in the basement or cellar in the program area, as defined in Section U202.2, shall be identified as \"ADU Apartment U per BC U202 and MDL Art 7-D\".\n3. An ADU with the main entrance opening to the rear yard shall be identified as \"ADU Apartment R\".\n4. All ADUs shall have \"Ancillary Dwelling Unit per ZR 12-10 and BC Appendix U\" in the comment.\n5. An ADU located in the basement or cellar shall be indicated in the applicable flood area designation where the premises are located, in accordance with Section U202.3.1. \nException: Notwithstanding Section 28-118.3 of the Administrative Code, where an authorization for temporary residence is issued by the department in accordance with Article 507 of Chapter 5 of Title 28 of the Administrative Code and Section U202.12, a basement or cellar ADU shall be permitted to be occupied for dwelling purposes without the certificate of occupancy.\nU101. 5 Department rules. The department shall consult with the fire department and the office of emergency management in promulgating any standard protective of health and safety pursuant to this Appendix.\nSECTION BC U102 \nDEFINITIONS\nU102.1 Definitions. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein:\nANCILLARY DWELLING UNIT (ADU). Where permitted by New York City Zoning Resolution, the dwelling unit additional to a one- or two- family dwelling, providing permanent provisions for both sanitation and kitchen facilities, occupied or arranged to be occupied by not more than one family maintaining a common household.\nMANUFACTURED HOME. Shall mean a manufactured home, as such term in defined in Section 202, and factory manufactured home, as such term is defined in Section 372 of the New York State Executive Law.\nPRIMARY DWELLING. The one- or two- family dwelling to which the ADU is ancillary.\nSECTION BC U103 \nGENERAL REQUIREMENTS\nU103.1 Scope. All ADUs shall comply with this section and the applicable requirements in Sections U201 through U205.\nU103.2 Light and ventilation of the primary dwelling. The creation of an ADU shall not diminish the light or ventilation of any habitable rooms of the primary dwelling in any way not in compliance with Chapter 12. \nU103.3 Light and ventilation of ADU. All habitable rooms within an ADU shall be provided with natural ventilation in accordance with Section 1203.5 and natural light in accordance with Section 1205.2. \nU103.4 Separate entrance required. An ADU shall be provided with a separate entrance from that serving the dwelling units of the primary dwelling, either from the exterior of the primary dwelling or directly from a public corridor within the primary dwelling.\nU103.5 Separate utility required. An ADU shall be provided with a heating, ventilation, and air-conditioning system, electrical system, and gas piping in accordance with Section U103.5.1 through U103.5.4, provided that an ADU on a tax lot where the total number of dwelling units exceeds 2, other than an ADU constructed in accordance with section U202, shall be provided with a heating, ventilation, and air-conditioning system, electrical system, and gas piping that is separate from the primary dwelling. \nU103.5.1 Heating, ventilation, and air-conditioning systems. A primary dwelling and an ADU shall be provided with:\n1. Return air openings for heating, ventilation, and air-conditioning that are not taken from another dwelling unit.\n2. Separate climate controls.\nU103.5.2 Electrical systems. A primary dwelling and an ADU shall be provided with:\n1. Ready access to the service disconnecting means serving the dwelling unit.\n2. Ready access for each occupant to all overcurrent devices protecting the conductors supplying each dwelling unit.\nU103.5.3 Gas piping. Where an ADU is served by gas piping, such piping shall be provided with: \n1. Ready access for each occupant to shutoff valves serving the dwelling unit in which such occupant resides.\n2. Ready access for each occupant to appliance shutoff valves serving appliances in the dwelling unit in which such occupant resides.\nU103.5.4 Water service. A primary dwelling and an ADU may share a common potable water system, provided that there are separate, accessible main shutoff valves allowing the water to be turned off for each unit without affecting any other unit.\nU103.6 Fire protection system. ADUs shall be provided with a fire protection system in accordance with Chapter 9 unless otherwise prescribed in Section U103.6.1 through U103.6.3.\nU103.6.1 Automatic sprinkler system. Where the ADU is permitted to be classified as an R-3 occupancy by this code, the exception in Section 903.2.8 shall not apply to such ADU and such ADU shall be provided with an automatic sprinkler system throughout the ADU in accordance with NFPA 13D as modified by Appendix Q. \nU103.6.1.1 Sprinkler of basement or cellar ADU. Where permitted by Section U202.12, notwithstanding Section 901.9.2, the primary dwelling shall not be required to be sprinklered as a Group R-2 occupancy where the basement or cellar ADU is sprinklered in accordance with NFPA 13D as modified by Appendix Q and the building is provided with fire department access as described in Section 501.4.3.1 of the New York City Fire Code. The alteration or creation of such a basement or cellar ADU shall be deemed to be an alteration subject to exception 5.1 of section 501.4.3.1 of the New York City Fire Code.\nU103.6.2 Smoke alarm. All ADUs shall be provided with smoke alarms in accordance with Section 907.\nU103.6.3 Carbon monoxide alarm. All ADUs shall be provided with carbon monoxide alarms in accordance with Section 915.\nU103.6.4 Gas alarm. Where gas service is provided in an ADU, gas alarms shall be required in accordance with Section 918.\nU103.7 Emergency escape and rescue openings. All habitable rooms of an ADU shall be provided with emergency escape and rescue openings in accordance with Section 1025 of the New York City Fire Code and Section 1030.\nU103.8 Fire department access. For the purpose of Section 501.3.1, an ADU shall be considered as an accessory building. Notwithstanding any inconsistent provisions of Section 501.3.2, where the main entrance to the ADU is set back no more than 100 feet from the curb line, a fire department access path shall be provided in accordance with Table U103.8. Protruding objects, projections, or overhangs shall not reduce such minimum clear width. Such access path shall open to the sky and be unobstructed between the street and such ADU.\nTABLE U103.8\nMINIMUM CLEAR WIDTH OF FIRE DEPARTMENT ACCESS PATH AND MAXIMUM NUMBER OF STORIES OF AN ADU\nWidth of fire department access path\nADU arrangement a\nSprinkler c\nFire district\nConstruction class\nMaximum building height in stories \nFire separation distance\n5 ft \nAttached b, detached, manufactured home\nSP\nOutside\nAll\n2\nAs permitted by Table 602\n5 ft \nAttached b, detached, manufactured home\nSP\nInside\nIA, IB, IIA, IIB, IIIA, IIIB, VA\n2\nAs permitted by Table 602\n5 ft \nAttached b, detached, manufactured home.\nSP\nInside\nVB\n1\nAs permitted by Table 602\n8 ft \nAttached b, detached, manufactured home\nSP\nInside\nAll\n2\nAs permitted by Table 602\na. \"Attached\" shall refer to ADUs constructed in accordance with Section U203. \"Detached\" shall refer to ADUs constructed in accordance with Section U204. \"Manufactured home\" shall refer to ADUs constructed in accordance with Section U205.\nb. The construction class of an attached ADU shall not be lower than the primary dwelling in accordance with U203.3.1.\n c. \"SP\" shall refer to ADUs sprinklered in accordance with this Appendix. \nU103.9 Sustainable roofing zones. An ADU with a roof constructed pursuant to Section U202.3 or U202.4 shall be exempt from the requirements for a sustainable roofing zone pursuant to Section 1512 for any roof construction attributed to such ADU.\nSECTION BC U201 \nABOVE GRADE ADU WITHIN A ONE-FAMILY PRIMARY DWELLING\nU201.1 Scope. An ADU located entirely above the grade plane and adjoining or within the same building of the one-family dwelling shall be constructed in accordance with Section U103 and Sections U201.2 through U201.4. \nException: ADUs constructed in accordance with this section, other than ADUs constructed in an attic, shall not be required to comply with Section U103.6.1. \nU201.2 Occupancy classification. Where the ADU is adjoining or within the same building as a one-family dwelling, both the ADU and the primary dwelling unit shall be classified as Group R-3 occupancy and shall comply with all applicable requirements of Group R-3 occupancy in this code. \nU201.3 Fire separation. The ADU shall be separated from the primary dwelling by a fire barrier having at least a one-hour fire-resistance rating meeting the requirements of Section 420.\nU201.4 Exit stairway. The exit stair required by Section 1006.3.2 may be constructed as an interior or exterior stair serving a Group R-3 occupancy in accordance with Chapter 10. Where an interior stair is provided, such interior stair shall be enclosed in accordance with Section 1023. Where an exterior stair is provided, such exterior stair shall be permitted to be constructed of combustible materials where all of the following conditions are met:\n1. The stair is at least 10 feet away from any lot line or wall of any other building on the same tax lot;\n2. Sprinklers are provided throughout the ADU in accordance with Section U103.6.1;\n 3. The building is lawfully constructed as Type V construction; and \n 4. The stair is constructed in accordance with Section 1011.7.2.\nSECTION BC U202 \nADU IN A BASEMENT OR CELLAR\nU202.1 Scope. An ADU located in a basement or cellar of an existing one- or two-family dwelling shall be constructed in accordance with Section U103 and Sections U202.2 through U202.12, as required by this section. \nU202.2 Definitions. The following words and terms shall, for the purposes of this section, have the meanings shown herein:\n10-YEAR RAINFALL FLOOD RISK AREA. Shall have the same definition as such term is defined in Section 24-809 of the Administrative Code.\nCOASTAL FLOOD RISK AREA. Shall have the same definition as such term is defined in Section 24-809 of the Administrative Code.\nCOMMUNITY DISTRICT. A community district established pursuant to chapter 69 of the New York City Charter.\nELIGIBLE BASEMENT OR CELLAR RESIDENCE. A basement or cellar in an existing dwelling within the program area, unlawfully arranged to be occupied as an apartment and with kitchen and sanitation facilities acceptable to the department, and which apartment was in existence prior to April 20, 2024.\nPROGRAM AREA. As permitted by Section 289 of the New York State Multiple Dwelling Law, Bronx community district 9; Bronx community district 10; Bronx community district 11; Bronx community district 12; Brooklyn community district 4; Brooklyn community district 10; Brooklyn community district 11; Brooklyn community district 17; Manhattan community district 2; Manhattan community district 3; Manhattan community district 9; Manhattan community district 10; Manhattan community district 11; Manhattan community district 12; and Queens community district 2 and such other community districts as may be authorized pursuant to such section.\nU202.3 Prohibited locations. An ADU shall not be permitted in a basement or cellar of a building in the following locations, except as otherwise provided pursuant to the New York City Zoning Resolution:\n1. Within the special flood hazard area in accordance with Appendix G. \n 2. Within the 10-year rainfall flood risk area. \n 3. Within the coastal flood risk area.\nU202.3.1 Identification of flood hazard areas. Where an ADU is permitted in accordance with Section U202.3, the construction documents for the ADU shall include a statement to certify that the premises are not located in any one of the following flood hazard areas:\n1. Special flood hazard area, in accordance with Section G201.\n1.1 Coastal A-zone.\n1.2 Coastal high-hazard area.\n1.3 A-zone.\n2. 10-year rainfall flood risk area.\n3. Coastal flood risk area.\nEach such statement shall be accompanied with the applicable flood area map.\nU202.4 Applicability. Where permitted by this code, a basement or cellar ADU may be permitted if 1 of the following conditions is met:\n1. In the program area, eligible basement or cellar residences may be made habitable in accordance with Article 507 of Chapter 5 of Title 28 of the Administrative Code and Section U202.12.\n2. An existing basement or cellar space in a one-family dwelling may be converted to 1 ADU in accordance with Sections U202.5 through U202.11.\n3. An existing basement or cellar space in a two-family dwelling may be converted to 1 ADU in accordance with all applicable requirements of the New York State Multiple Dwelling Law. Such ADU shall be classified as a Group R-2 occupancy and comply with all the requirements of Group R-2 occupancy in this code.\nU202.4.1 Occupancy. Notwithstanding Section 27-751 of the 1968 Building Code, Section 27-2087 of the Housing Maintenance Code, Section 1208.2, and any applicable laws in existence prior to December 6, 1968, a basement or cellar ADU in a one-family dwelling may be occupied in accordance with the provisions of this Appendix, or a basement or cellar ADU in a one- or two-family dwelling in the program area may be occupied in accordance with Article 507 of Chapter 5 of the Administrative Code.\nU202.5 Minimum ceiling height. Notwithstanding Section 1208.2, all habitable rooms in basements shall have a minimum clear ceiling height of 7 feet (2.1 meters). The minimum clear ceiling height of all habitable rooms in a cellar shall be 7 feet (2.1 meters).\nU202.6 Window requirements. Each habitable room shall have at least 1 window with 6 square feet (.55 m2)of openable area to provide natural ventilation as required pursuant to Section 1203.5.1.2.1. The total net glazed area of all windows shall be not less than 10 percent of the floor area of the room served, or 12 square feet (1.1 m2), whichever is greater. Such area may include glazed areas in doors providing light directly into such room.\nU202.6.1 Portions of windows below grade. Portions of windows below grade plane may be included in calculations of such minimum net glazed area required to provide natural light where all the following conditions are met:\n1. The window head is located not more than 6 inches (152 millimeters) below the lowest permitted projection below ceiling height; and\n2. Such portions are surrounded by a window well or similar open area that:\n2.1 is at least 6 inches (152 millimeters) deeper than the bottom of the window; \n2.2 is at least 3 times as wide, in the direction perpendicular to the window, as the depth below grade plane of such window portions, not to exceed 5 feet (1.5 meters), provided the top of such window is at least 2 feet (.6 meters) above the adjoining grade;\n2.3 is at least twice as wide, in the direction parallel to the window, including 6 inches (152 millimeters) wider on each side, as the depth below grade plane of such window portions; and\n2.4 is provided with a drain to prevent any ponding of storm water, in accordance with Chapter 11 of the New York City Plumbing Code; \n3. No cantilever, permanent shading structure, or other obstruction, is less than 3 feet (.9 meters) above the window head or protrudes more than 1 foot (.3 meters) in the direction perpendicular to the window; and \n4. No other encroachment or obstruction is within the window well, except as otherwise required by this code. Supplemental steps that provide access to the required yard, court, open space, or street may also be permitted. Where provided, such steps shall be dimensioned in accordance with Section 1011.5 and shall include a landing at the bottom of such window well in accordance with Section 1011.6.\nU202.7 Fire separation. An ADU in a basement or cellar shall be constructed with the following fire separations:\n1. Boilers and furnaces. Any boiler or furnace in such ADU must be enclosed and separated from all habitable spaces by a noncombustible fire barrier having at least a 1-hour fire-resistance rating in accordance with Section 707, provided that any opening in such fire barrier shall be protected with a self-closing door. \n2. Stairway enclosure. Any stairway connecting more than 1 dwelling unit shall be provided with an enclosure in accordance with Section 713. Where the stairway is fully contained within the ADU and such ADU is fully sprinklered in accordance with Section U103.6.1, such stairway shall be permitted to be unenclosed.\n3. Existing above grade unit. The ADU must be separated from all other dwelling units by noncombustible construction having at least a 1-hour fire-resistance rating meeting the requirements of Section 420.\nU202.8 Means of egress. An ADU in a basement or cellar shall be provided with means of egress in accordance with this section.\nU202.8.1 Emergency escape and rescue openings. All sleeping rooms shall be provided with at least 1 emergency escape and rescue opening in accordance with Section 1030. \nU202.8.2 Means of egress from a basement ADU. An ADU in a basement shall be provided with at least 1 means of egress exterior door opening directly to the outdoors in accordance with Chapter 10, including access to a public way. Such exterior door shall swing inward and be provided with landings on both the interior and exterior sides in accordance with Section 1010.1.6, excepted as provided in Section U202.8.4.\nU202.8.3 Means of egress from a cellar ADU. An ADU in a cellar shall be provided with at least two means of egress doors, remotely located from each other. In addition, the following shall be provided:\n1. At least 1 means of egress door shall be an exterior door opening directly to the outdoors in accordance with Chapter 10, including access to the public way, even if compliance with such standards is not otherwise required by Chapter 10 or any other law. Such exterior door shall swing inward and be provided with landings on both the interior and exterior sides of the door in accordance with Section 1010.1.6, excepted as provided in Section U202.8.4.\n2. Such cellar shall be considered as a story above a grade plane for the purpose of complying with Chapter 9 and Chapter 10.\nU202.8.4 Landing exception. An exterior landing shall not be required where the landing or floor on the exterior side is no more than 7.75 inches (197 millimeters) below the top of threshold of the exit door, and the door does not swing over the landing or floor.\nU202.9 Radon levels. No certificate of occupancy or temporary certificate of occupancy may be issued for an ADU located in a basement or cellar unless a certification is submitted to the commissioner that the level of radon in such ADU is tested in accordance with, and meets the standards set forth in rules promulgated by the department of health and mental hygiene, in consultation with the department, the fire department, and the office of emergency management.\nU202.10 Vapor levels. No certificate of occupancy or temporary certificate of occupancy shall be issued for an ADU located in a basement or cellar unless a certification is submitted to the commissioner that the vapor level in such ADU is tested in accordance with, and meets the standards set forth in rules promulgated by the department of health and mental hygiene, in consultation with the mayor's office of environmental remediation, the department, the fire department, and the office of emergency management. \nU202.11 Basic stormwater prevention requirements. An ADU located in a basement or cellar shall comply with the following:\n1. Water sensor and alarm. Every habitable room shall be provided with at least 1 water sensor with backup battery power to warn the occupants in the event of a flood. The department may promulgate rules to supplement the requirement of such water sensors and alarms.\n2. Emergency preparedness information. The owner shall post all required signage in a manner prescribed by the Housing Maintenance Code and the rules of the department of housing preservation and development and shall notify any tenants about enrollment in an emergency alert system operated by the office of emergency management.\nU202.12 Special requirements for certain basement or cellar ADUs. The department may issue an authorization for temporary residence in accordance with Article 507 of Chapter 5 of Title 28 of the Administrative Code. An eligible basement or cellar residence in the program area shall comply with the provisions of such article and the rules of the department. \nSECTION BC U203 \nADU SEPARATED BY A FIRE WALL FROM A TWO-FAMILY PRIMARY DWELLING\nU203.1 Scope. An ADU separated from the primary two-family dwelling by a fire wall that is constructed of concrete or masonry in accordance with Section 706 shall be constructed in accordance with all applicable requirements of a Group R-3 occupancy of this code, except as provided by in Section U103 and Sections U203.2 through U203.7.\nU203.1.1 Occupancy classification. Where the ADU is separated from the primary two-family dwelling by a fire wall, both the ADU and the primary dwelling unit shall be classified as Group R-3 occupancy and shall comply with all applicable requirements of Group R-3 occupancy in this code.\nU203.2 Subgrade space limitation. The ADU shall be located above the grade plane. The finished ground level of an under-floor space below the story above the grade plane shall be level with or higher than the outside finished ground level on at least 1 side.\nU203.3 Separate building required. The ADU shall be constructed as a separate building from the primary dwelling. Both the ADU and the primary dwelling shall provide:\n1. All vertical circulation and exit systems required by this code without entering the other building.\n2. All fire protection systems required by this code without reliance on the other building. A shared water supply in accordance with Section U103.5.4 shall be permitted.\nU203.3.1 Construction class. The construction class of an attached ADU shall not be lower than the primary dwelling.\nU203.4 Exterior walls. Construction, projections, openings and penetration of exterior walls of an ADU shall comply with Sections 602 and 705.\nU203.5 Maximum building height. The maximum building height of the ADU shall be determined in accordance with Section U103.8.\nU203.6 Type V construction in fire districts. Notwithstanding Section D105.1, an ADU completely or partially located inside the fire districts, as established in Section D101.2, is permitted to be constructed as Type V in accordance with Section U103.8.\nU203.7 Flood mitigation. The department may promulgate rules relating to requirements for flood mitigation applicable to an ADU in the coastal flood risk area or 10-year rainfall flood risk area.\nSECTION BC U204 \nADU DETACHED FROM THE PRIMARY DWELLING\nU204.1 Scope. An ADU detached from the primary dwelling shall be constructed in accordance with the New York City Zoning Resolution and all requirements of Group R-3 occupancy in this code, except as provided by Section U103, Sections U203.2 and U203.4 through U203.7, and Section U204.2.\nU204.1.1 Occupancy classification. Where the ADU is detached from the primary dwelling, both the ADU and the primary dwelling unit shall be classified as Group R-3 occupancy and shall comply with all applicable requirements of Group R-3 occupancy in this code.\nU204.2 Egress arrangement. The ADU shall provide all vertical circulation and exit systems required by this code without entering the primary dwelling. The construction of an ADU shall not alter the egress requirements for the primary dwelling pursuant to Chapter 10.\n\n SECTION BC U205\nUSE OF MANUFACTURED HOMES AS ADUS\nU205.1 Scope. Where a manufactured home is permitted by this code, the manufactured home may be used as an ADU in accordance with Section U103, U203, U204, and rules of the department.\n � 2. Section 503.2.4.1 of the New York City fire code, as amended by local law number 47 for the year 2022, is amended to read as follows:\n503.2.4.1 Group R-3 occupancies set back 100 feet or less. The fire apparatus access road to a Group R-3 building with any main front entrance located more than 40 feet (12192 mm) but not more than 100 feet (30 480 mm) from the street line (as measured along the route of the fire apparatus access road) may be designed and constructed in compliance with the requirements of the Building Code for driveways where:\n1. The driveway is designed and is used exclusively to provide access only to a single Group R-3 building and no more than 1 ancillary dwelling unit, as defined in Section U102 of the Building Code, and to no other buildings; and\n2. The height of the Group R-3 building or an ancillary dwelling unit does not exceed 35 feet (10 668 mm) above the grade plane (with the terms \"building height\" and \"grade plane\" having the meanings set forth in Section BC 502.1 of the Building Code); and\n3. The driveway provides access to the frontage space of each occupancy, except as otherwise provided in FC 504.1.2; and\n4. The dwelling units are equipped with interconnected smoke alarms, in accordance with Section [907.2.10] 907.2.11 of the Building Code.\n � 3. Section 504.1.2 of the New York City fire code, as amended by local law number 47 for the year 2022, is amended to read as follows:\n504.1.2 Occupancies with separate entrances. When a building contains more than one occupancy or is primary to a semi-attached or detached ancillary dwelling unit, as defined by Section U102 of the Building Code, and separate entrances are provided for individual occupancies, there shall be a main front entrance for each such occupancy, and a separate frontage space shall be provided for each main front entrance, except that a second frontage space is not required for a two-family Group R-3 occupancy or a dwelling unit ancillary to a one-family or two-family Group R-3 occupancy if unobstructed access, 5 feet (1524 mm) in width, is provided to the rear yard and to the main front entrance of any dwelling unit from either side of the building that is not directly accessible from the public street, fire apparatus access road, or driveway. An open accessory parking area not less than 5 feet (1524 mm) in width shall be sufficient to constitute unobstructed access to the rear yard, regardless of the presence of parked vehicles in such parking area.\n504.1.2.1 Detached ancillary dwelling units. A detached ancillary dwelling unit is not required to provide frontage space if access to the main front entrance of the detached ancillary dwelling unit is provided in accordance with the requirements for unobstructed access set forth in FC 504.1.2 and Table U103.8 of Appendix U of the Building Code.\n � 4. This local law takes effect on the same date as a local law amending the administrative code of the city of New York, relating to establishing a pilot program to convert existing basement or cellar apartments to habitable dwelling units, as proposed introduction number 1127 for the year 2024, takes effect. \n \nAPM\nProposed Int. No. 1128-A\n11/27/24 5:58pm\n\n\n14\n\n\n1", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n{\\colortbl ;\\red0\\green0\\blue0;\\red255\\green255\\blue255;}\n\\viewkind4\\uc1\n\\v0\\par\n\\pard\\ltrpar\\noline\\hyphpar0\\sa240\\qj\\ul Be it enacted by the Council as follows:\\par\n\\pard\\ltrpar\\noline\\fi720\\sb120\\sa120\\sl480\\slmult1\\qj\\kerning2\\ulnone Section 1. \\kerning0 The New York city building code is amended by adding a new appendix U to read as follows:\\par\n\\pard\\ltrpar\\sb120\\sa120\\qc\\expndtw-10\\kerning28\\ul\\b APPENDIX U\\line ANCILLARY DWELLING UNITS\\b0\\par\n\\pard\\ltrpar\\keep\\keepn\\sb120\\sa120\\qc\\expndtw0\\kerning2\\b SECTION BC U101 \\line GENERAL\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj U101.1 Scope.\\b0 Except as modified by the express provisions of this appendix, an ancillary dwelling unit shall be constructed on the same tax lot as a one- or two-family dwelling in accordance with the requirements of this code.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U101.1.1 Multiple dwelling law.\\b0 Where the ADU is located within the same building as the primary dwelling, and the total number of dwelling units of such building exceeds 2, the entire building shall be classified as Group R-2 occupancy and comply with all applicable requirements of Group R-2 occupancy in this code and the \\i New York State Multiple Dwelling Law\\i0 as applicable, except for basement and cellar units in the program area pursuant to Section U202.12. Buildings constructed as Type V construction may not be converted or altered to a three-family dwelling, except for eligible conversions made habitable pursuant to U202.12.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U101.2 General conditions.\\b0 Any ADU permitted pursuant to this appendix must comply with the following conditions:\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj 1. An ADU shall only be permitted to be associated with a primary dwelling that is classified in occupancy Group R-3.\\par\n2. An ADU shall not be used as a care facility providing custodial care to any persons pursuant to Section 310.5. \\par\n3. An ADU shall not be constructed in the rear yard, as such term is defined by the \\i New York City Zoning Resolution\\i0 , of an attached one- or two-family dwelling. \\par\n4. An ADU in a cellar must have a clear ceiling height that is at least 2 feet above the grade plane.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U101.3 Types of ADUs.\\b0 Where permitted by the \\i New York City Zoning Resolution\\i0 , no more than 1 ADU may be constructed on each tax lot, in 1 of the following locations:\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj 1. Above the grade plane, adjoining, or within the same building as the one-family dwelling, including attic or enlargement, constructed in accordance with Section U201.\\par\n2. In the basement or cellar of the building containing the primary dwelling, constructed in accordance with Section U202.\\par\n3. Separated by a fire wall from the two-family dwelling, constructed in accordance with Section U203.\\par\n\\pard\\ltrpar\\fi360\\sb120\\sa120\\qj 4. Detached from the primary dwelling, constructed in accordance with Section U204.\\par\n5. Manufactured home, installed in accordance with Section U205.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U101.4 Certificate of occupancy.\\b0 No ADU shall be occupied for dwelling purposes without a certificate of occupancy issued by the commissioner to permit such ADU in accordance with Section 28-118.3 of the \\i Administrative Code\\i0 . An ADU constructed in accordance with Section U203, U204, or U205 shall require a separate certificate of occupancy from the primary dwelling unit. An ADU constructed in accordance with Section U201 and U202 shall require a new or amended certificate of occupancy for all the primary dwelling units and the ADU. In addition to Section 28-118.6 of the \\i Administrative Code\\i0 , such certificate of occupancy shall indicate the following as applicable:\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj 1. An ADU located in the basement or cellar shall be identified as \\ldblquote ADU Apartment U per BC U202\\rdblquote .\\par\n2. An ADU located in the basement or cellar in the program area, as defined in Section U202.2, shall be identified as \\ldblquote ADU Apartment U per BC U202 and MDL Art 7-D\\rdblquote .\\par\n3. An ADU with the main entrance opening to the rear yard shall be identified as \\ldblquote ADU Apartment R\\rdblquote .\\par\n4. All ADUs shall have \\ldblquote Ancillary Dwelling Unit per ZR 12-10 and BC Appendix U\\rdblquote in the comment.\\par\n5. An ADU located in the basement or cellar shall be indicated in the applicable flood area designation where the premises are located, in accordance with Section U202.3.1. \\par\n\\b Exception:\\b0 Notwithstanding Section 28-118.3 of the \\i Administrative Code\\i0 , where an authorization for temporary residence is issued by the department in accordance with Article 507 of Chapter 5 of Title 28 of the \\i Administrative Code \\i0 and Section U202.12, a basement or cellar ADU shall be permitted to be occupied for dwelling purposes without the certificate of occupancy.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U101. 5 Department rules.\\b0 The department shall consult with the fire department and the office of emergency management in promulgating any standard protective of health and safety pursuant to this Appendix.\\par\n\\pard\\ltrpar\\keep\\keepn\\sb120\\sa120\\qc\\b SECTION BC U102 \\line DEFINITIONS\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj U102.1 Definitions.\\b0 The following words and terms shall, for the purposes of this appendix, have the meanings shown herein:\\par\n\\b ANCILLARY DWELLING UNIT (ADU).\\b0 Where permitted by \\i New York City Zoning Resolution,\\i0 the\\i \\i0 dwelling unit additional to a one- or two- family dwelling, providing permanent provisions for both sanitation and kitchen facilities, occupied or arranged to be occupied by not more than one family maintaining a common household.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\tx3450\\b MANUFACTURED HOME.\\b0 Shall mean a manufactured home, as such term in defined in Section 202, and factory manufactured home, as such term is defined in Section 372 of the \\i New York State Executive Law\\i0 .\\par\n\\b PRIMARY DWELLING. \\b0 The one- or two- family dwelling to which the ADU is ancillary.\\par\n\\pard\\ltrpar\\keep\\keepn\\sb120\\sa120\\qc\\b SECTION BC U103 \\line GENERAL REQUIREMENTS\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\tx3450 U103.1 Scope. \\b0 All ADUs shall comply with this section and the applicable requirements in Sections U201 through U205.\\par\n\\b U103.2 Light and ventilation of the primary dwelling.\\b0 The creation of an ADU shall not diminish the light or ventilation of any habitable rooms of the primary dwelling in any way not in compliance with Chapter 12. \\par\n\\b U103.3 Light and ventilation of ADU.\\b0 All habitable rooms within an ADU shall be provided with natural ventilation in accordance with Section 1203.5 and natural light in accordance with Section 1205.2. \\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U103.4 Separate entrance required. \\b0 An ADU shall be provided with a separate entrance from that serving the dwelling units of the primary dwelling, either from the exterior of the primary dwelling or directly from a public corridor within the primary dwelling.\\par\n\\b U103.5 Separate utility required. \\b0 An ADU shall be provided with a heating, ventilation, and air-conditioning system, electrical system, and gas piping in accordance with Section U103.5.1 through U103.5.4, provided that an ADU on a tax lot\\kerning0 where \\kerning2 the total number of dwelling units exceeds 2, other than an ADU constructed in accordance with section U202, shall be provided with a heating, ventilation, and air-conditioning system, electrical system, and gas piping that is separate from the primary dwelling. \\b\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj U103.5.1 Heating, ventilation, and air-conditioning systems.\\b0 A primary dwelling and an ADU shall be provided with:\\par\n\\pard\\ltrpar\\li720\\sb120\\sa120\\qj 1. Return air openings for heating, ventilation, and air-conditioning that are not taken from another dwelling unit.\\par\n2. Separate climate controls.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U103.5.2 Electrical systems.\\b0 A primary dwelling and an ADU shall be provided with:\\par\n\\pard\\ltrpar\\li720\\sb120\\sa120\\qj 1. Ready access to the service disconnecting means serving the dwelling unit.\\par\n2. Ready access for each occupant to all overcurrent devices protecting the conductors supplying each dwelling unit.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U103.5.3 Gas piping.\\b0 Where an ADU is served by gas piping, such piping shall be provided with: \\par\n\\pard\\ltrpar\\li720\\sb120\\sa120\\qj 1. Ready access for each occupant to shutoff valves serving the dwelling unit in which such occupant resides.\\par\n2. Ready access for each occupant to appliance shutoff valves serving appliances in the dwelling unit in which such occupant resides.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U103.5.4 Water service.\\b0 A primary dwelling and an ADU may share a common potable water system, provided that there are separate, accessible main shutoff valves allowing the water to be turned off for each unit without affecting any other unit.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U103.6 Fire protection system. \\b0 ADUs shall be provided with a fire protection system in accordance with Chapter 9 unless otherwise prescribed in Section U103.6.1 through U103.6.3.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U103.6.1 Automatic sprinkler system. \\b0 Where the ADU is permitted to be classified as an R-3 occupancy by this code, the exception in Section 903.2.8 shall not apply to such ADU and such ADU shall be provided with an automatic sprinkler system throughout the ADU in accordance with NFPA 13D as modified by Appendix Q. \\par\n\\pard\\ltrpar\\li720\\sb120\\sa120\\qj\\b U103.6.1.1 Sprinkler of basement or cellar ADU. \\b0 Where permitted by Section U202.12, notwithstanding Section 901.9.2, the primary dwelling shall not be required to be sprinklered as a Group R-2 occupancy where the basement or cellar ADU is sprinklered in accordance with NFPA 13D as modified by Appendix Q and the building is provided with fire department access as described in Section 501.4.3.1 of the \\i New York City Fire Code\\i0 . The alteration or creation of such a \\kerning0 basement or cellar ADU shall be deemed to be an alteration subject to exception 5.1 of section 501.4.3.1 of the \\i New York City Fire Code\\i0 .\\kerning2\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U103.6.2 Smoke alarm.\\b0 All ADUs shall be provided with smoke alarms in accordance with Section 907.\\par\n\\b U103.6.3 Carbon monoxide alarm.\\b0 All ADUs shall be provided with carbon monoxide alarms in accordance with Section 915.\\par\n\\b U103.6.4 Gas alarm.\\b0 Where gas service is provided in an ADU, gas alarms shall be required in accordance with Section 918.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U103.7 Emergency escape and rescue openings.\\b0 All habitable rooms of an ADU shall be provided with emergency escape and rescue openings in accordance with Section 1025 of the \\i New York City Fire Code\\i0 and Section 1030.\\par\n\\b U103.8 Fire department access. \\b0 For the purpose of Section 501.3.1, an ADU shall be considered as an accessory building. Notwithstanding any inconsistent provisions of Section 501.3.2, where the main entrance to the ADU is set back no more than 100 feet from the curb line, a fire department access path shall be provided in accordance with Table U103.8. Protruding objects, projections, or overhangs shall not reduce such minimum clear width. Such access path shall open to the sky and be unobstructed between the street and such ADU.\\par\n\\pard\\ltrpar\\sb120\\sa240\\qc\\b TABLE U103.8\\line MINIMUM CLEAR WIDTH OF FIRE DEPARTMENT ACCESS PATH AND MAXIMUM NUMBER OF STORIES OF AN ADU\\par\n\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx1260\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx2790\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4050\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx5040\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx6390\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx7650\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9360\\pard\\intbl\\ltrpar\\b0\\fs22 Width of fire department access path\\cell ADU arrangement \\super a\\cell\\nosupersub Sprinkler \\super c\\cell\\nosupersub Fire district\\cell Construction class\\super\\cell\\nosupersub Maximum building height in stories \\cell Fire separation distance\\super\\cell\\kerning0\\ulnone\\nosupersub\\fs24\\row\n\\kerning2\\ul\\fs22\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx1260\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx2790\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4050\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx5040\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx6390\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx7650\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9360\\intbl 5 ft \\cell Attached \\super b\\nosupersub , detached, manufactured home\\cell SP\\cell Outside\\cell All\\cell 2\\cell As permitted by Table 602\\cell\\kerning0\\ulnone\\fs24\\row\n\\kerning2\\ul\\fs22\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx1260\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx2790\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4050\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx5040\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx6390\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx7650\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9360\\intbl 5 ft \\cell Attached \\super b\\nosupersub , detached, manufactured home\\cell SP\\cell Inside\\cell IA, IB, IIA, IIB, IIIA, IIIB, VA\\cell 2\\cell As permitted by Table 602\\cell\\kerning0\\ulnone\\fs24\\row\n\\kerning2\\ul\\fs22\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx1260\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx2790\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4050\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx5040\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx6390\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx7650\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9360\\intbl 5 ft \\cell Attached \\super b\\nosupersub , detached, manufactured home.\\cell SP\\cell Inside\\cell VB\\cell 1\\cell As permitted by Table 602\\cell\\kerning0\\ulnone\\fs24\\row\n\\kerning2\\ul\\fs22\\trowd\\trgaph108\\trleft5\\trbrdrt\\brdrs\\brdrw10 \\trbrdrl\\brdrs\\brdrw10 \\trbrdrb\\brdrs\\brdrw10 \\trbrdrr\\brdrs\\brdrw10 \\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx1260\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx2790\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx4050\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx5040\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx6390\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx7650\\clbrdrt\\brdrw15\\brdrs\\clbrdrl\\brdrw15\\brdrs\\clbrdrb\\brdrw15\\brdrs\\clbrdrr\\brdrw15\\brdrs \\cellx9360\\intbl 8 ft \\cell Attached \\super b\\nosupersub , detached, manufactured home\\cell SP\\cell Inside\\cell All\\cell 2\\cell As permitted by Table 602\\cell\\kerning0\\ulnone\\fs24\\row\n\\pard\\ltrpar\\li360\\sb60\\sa60\\qj\\kerning2\\ul\\fs20 a. \\ldblquote Attached\\rdblquote shall refer to ADUs constructed in accordance with Section U203. \\ldblquote Detached\\rdblquote shall refer to ADUs constructed in accordance with Section U204. \\ldblquote Manufactured home\\rdblquote shall refer to ADUs constructed in accordance with Section U205.\\par\nb. The construction class of an attached ADU shall not be lower than the primary dwelling in accordance with U203.3.1.\\par\n\\pard\\ltrpar\\fi360\\sb60\\sa240\\qj c. \\ldblquote SP\\rdblquote shall refer to ADUs sprinklered in accordance with this Appendix. \\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b\\fs24 U103.9 Sustainable roofing zones.\\b0 An ADU with a roof constructed pursuant to Section U202.3 or U202.4 shall be exempt from the requirements for a sustainable roofing zone pursuant to Section 1512 for any roof construction attributed to such ADU.\\par\n\\pard\\ltrpar\\keep\\keepn\\sb120\\sa120\\qc\\b SECTION BC U201 \\line ABOVE GRADE ADU WITHIN A ONE-FAMILY PRIMARY DWELLING\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj U201.1 Scope. \\b0 An ADU located entirely above the grade plane and adjoining or within the same building of the one-family dwelling shall be constructed in accordance with Section U103 and Sections U201.2 through U201.4. \\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b Exception: \\b0 ADUs constructed in accordance with this section, other than ADUs constructed in an attic, shall not be required to comply with Section U103.6.1. \\b\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj U201.2 Occupancy classification. \\b0 Where the ADU is adjoining or within the same building as a one-family dwelling, both the ADU and the primary dwelling unit shall be classified as Group R-3 occupancy and shall comply with all applicable requirements of Group R-3 occupancy in this code. \\par\n\\b U201.3 Fire separation.\\b0 The ADU shall be separated from the primary dwelling by a fire barrier having at least a one-hour fire-resistance rating meeting the requirements of Section 420.\\par\n\\b U201.4 Exit stairway.\\b0 The exit stair required by Section 1006.3.2 may be constructed as an interior or exterior stair serving a Group R-3 occupancy in accordance with Chapter 10. Where an interior stair is provided, such interior stair shall be enclosed in accordance with Section 1023. Where an exterior stair is provided, such exterior stair shall be permitted to be constructed of combustible materials where all of the following conditions are met:\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj 1. The stair is at least 10 feet away from any lot line or wall of any other building on the same tax lot;\\par\n2. Sprinklers are provided throughout the ADU in accordance with Section U103.6.1;\\par\n\\pard\\ltrpar\\fi360\\sb120\\sa120\\qj 3. The building is lawfully constructed as Type V construction; and \\par\n4. The stair is constructed in accordance with Section 1011.7.2.\\par\n\\pard\\ltrpar\\keep\\keepn\\sb120\\sa120\\qc\\b SECTION BC U202 \\line ADU IN A BASEMENT OR CELLAR\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj U202.1 Scope. \\b0 An ADU located in a basement or cellar of an existing one- or two-family dwelling shall be constructed in accordance with Section U103 and Sections U202.2 through U202.12, as required by this section. \\par\n\\b U202.2 Definitions. \\b0 The following words and terms shall, for the purposes of this section, have the meanings shown herein:\\par\n\\b 10-YEAR RAINFALL FLOOD RISK AREA.\\b0 Shall have the same definition as such term is defined in Section 24-809 of the \\i Administrative Code\\i0 .\\par\n\\b COASTAL FLOOD RISK AREA.\\b0 Shall have the same definition as such term is defined in Section 24-809 of the \\i Administrative Code\\i0 .\\par\n\\b COMMUNITY DISTRICT.\\b0 A community district established pursuant to chapter 69 of the \\i New York City Charter\\i0 .\\par\n\\pard\\cbpat2\\ltrpar\\sb120\\sa120\\qj\\cf1\\b ELIGIBLE BASEMENT OR CELLAR RESIDENCE.\\b0 A basement or cellar in an existing dwelling within the program area, unlawfully arranged to be occupied as an apartment and with kitchen and sanitation facilities acceptable to the department, and which apartment was in existence prior to April 20, 2024.\\cf0\\b\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj PROGRAM AREA. \\b0 As permitted by Section 289 of the \\i New York State Multiple Dwelling Law,\\i0 \\cf1 Bronx community district 9; Bronx community district 10; Bronx community district 11; Bronx community district 12; Brooklyn community district 4; Brooklyn community district 10; Brooklyn community district 11; Brooklyn community district 17; Manhattan community district 2; Manhattan community district 3; Manhattan community district 9; Manhattan community district 10; Manhattan community district 11; Manhattan community district 12; and Queens community district 2 and such other community districts as may be authorized pursuant to such section.\\par\n\\cf0\\b U202.3 Prohibited locations.\\b0 An ADU shall not be permitted in a basement or cellar of a building in the following locations, except as otherwise provided pursuant to the \\i New York City\\i0 \\i Zoning Resolution\\i0 :\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj 1. Within the special flood hazard area in accordance with Appendix G. \\par\n\\pard\\ltrpar\\fi360\\sb120\\sa120\\qj 2. Within the 10-year rainfall flood risk area. \\par\n3. Within the coastal flood risk area.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U202.3.1 Identification of flood hazard areas.\\b0 Where an ADU is permitted in accordance with Section U202.3, the construction documents for the ADU shall include a statement to certify that the premises are not located in any one of the following flood hazard areas:\\par\n\\pard\\ltrpar\\li720\\sb120\\sa120\\qj 1. Special flood hazard area, in accordance with Section G201.\\par\n\\pard\\ltrpar\\li1080\\sb120\\sa120\\qj 1.1 Coastal A-zone.\\par\n1.2 Coastal high-hazard area.\\par\n1.3 A-zone.\\par\n\\pard\\ltrpar\\li720\\sb120\\sa120\\qj 2. 10-year rainfall flood risk area.\\par\n3. Coastal flood risk area.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj Each such statement shall be accompanied with the applicable flood area map.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U202.4 Applicability.\\b0 Where permitted by this code, a basement or cellar ADU may be permitted if 1 of the following conditions is met:\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj 1. In the program area, eligible \\cf1 basement or cellar residences \\cf0 may be made habitable in accordance with Article 507 of Chapter 5 of Title 28 of the \\i Administrative Code \\i0 and Section U202.12.\\par\n2. An existing basement or cellar space in a one-family dwelling may be converted to 1 ADU in accordance with Sections U202.5 through U202.11.\\par\n3. An existing basement or cellar space in a two-family dwelling may be converted to 1 ADU in accordance with all applicable requirements of the \\i New York State Multiple Dwelling Law\\i0 . Such ADU shall be classified as a Group R-2 occupancy and comply with all the requirements of Group R-2 occupancy in this code.\\par\n\\b U202.4.1 Occupancy.\\b0 \\kerning0 Notwithstanding Section 27-751 of the \\i 1968 Building Code\\i0 , Section 27-2087 of the \\i Housing Maintenance Code\\i0 , Section 1208.2, and any applicable laws in existence prior to December 6, 1968, a basement or cellar ADU in a one-family dwelling may be occupied in accordance with the provisions of this Appendix, or a basement or cellar ADU in a one- or two-family dwelling in the program area may be occupied in accordance with Article 507 of Chapter 5 of the \\i Administrative Code\\i0 .\\kerning2\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U202.5 Minimum ceiling height.\\b0 Notwithstanding Section 1208.2, all habitable rooms in basements shall have a minimum clear ceiling height of 7 feet (2.1 meters). The minimum clear ceiling height of all habitable rooms in a cellar shall be 7 feet (2.1 meters).\\par\n\\b U202.6 Window requirements. \\b0 Each habitable room shall have at least 1 window with 6 square feet (.55 m\\super 2\\nosupersub )of openable area to provide natural ventilation as required pursuant to Section 1203.5.1.2.1. The total net glazed area of all windows shall be not less than 10 percent of the floor area of the room served, or 12 square feet (1.1 m\\super 2\\nosupersub ), whichever is greater. Such area may include glazed areas in doors providing light directly into such room.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U202.6.1 Portions of windows below grade.\\b0 Portions of windows below grade plane may be included in calculations of such minimum net glazed area required to provide natural light where all the following conditions are met:\\par\n\\pard\\ltrpar\\li720\\sb120\\sa120\\qj 1. The window head is located not more than 6 inches (152 millimeters) below the lowest permitted projection below ceiling height; and\\par\n2. Such portions are surrounded by a window well or similar open area that:\\par\n\\pard\\ltrpar\\li1080\\sb120\\sa120\\qj 2.1 is at least 6 inches (152 millimeters) deeper than the bottom of the window; \\par\n2.2 is at least 3 times as wide, in the direction perpendicular to the window, as the depth below grade plane of such window portions, not to exceed 5 feet (1.5 meters),\\kerning0\\ulnone \\kerning2\\ul provided the top of such window is at least 2 feet (.6 meters) above the adjoining grade;\\par\n2.3 is at least twice as wide, in the direction parallel to the window, including 6 inches (152 millimeters) wider on each side, as the depth below grade plane of such window portions; and\\par\n2.4 is provided with a drain to prevent any ponding of storm water, in accordance with Chapter 11 of the \\i New York City Plumbing Code\\i0 ; \\par\n\\pard\\ltrpar\\li720\\sb120\\sa120\\qj 3. No cantilever, permanent shading structure, or other obstruction, is less than 3 feet (.9 meters) above the window head or protrudes more than 1 foot (.3 meters) in the direction perpendicular to the window; and \\par\n4. No other encroachment or obstruction is within the window well, except as otherwise required by this code. Supplemental steps that provide access to the required yard, court, open space, or street may also be permitted. Where provided, such steps shall be dimensioned in accordance with Section 1011.5 and shall include a landing at the bottom of such window well in accordance with Section 1011.6.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U202.7 Fire separation.\\b0 An ADU in a basement or cellar shall be constructed with the following fire separations:\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b 1. Boilers and furnaces. \\b0 Any boiler or furnace in such ADU must be enclosed and separated from all habitable spaces by a noncombustible fire barrier having at least a 1-hour fire-resistance rating in accordance with Section 707, provided that any opening in such fire barrier shall be protected with a self-closing door. \\par\n\\b 2. Stairway enclosure. \\b0 Any stairway connecting more than 1 dwelling unit shall be provided with an enclosure in accordance with Section 713. Where the stairway is fully contained within the ADU and such ADU is fully sprinklered in accordance with Section U103.6.1, such stairway shall be permitted to be unenclosed.\\par\n\\b 3. Existing above grade unit.\\b0 The ADU must be separated from all other dwelling units by noncombustible construction having at least a 1-hour fire-resistance rating meeting the requirements of Section 420.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U202.8 Means of egress. \\b0 An ADU in a basement or cellar shall be provided with means of egress in accordance with this section.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U202.8.1 Emergency escape and rescue openings.\\b0 All sleeping rooms shall be provided with at least 1 emergency escape and rescue opening in accordance with Section 1030. \\par\n\\b U202.8.2 Means of egress from a basement ADU.\\b0 An ADU in a basement shall be provided with at least 1 means of egress exterior door opening directly to the outdoors in accordance with Chapter 10, including access to a public way. Such exterior door shall swing inward and be provided with landings on both the interior and exterior sides in accordance with Section 1010.1.6, excepted as provided in Section U202.8.4.\\par\n\\b U202.8.3 Means of egress from a cellar ADU.\\b0 An ADU in a cellar shall be provided with at least two means of egress doors, remotely located from each other. In addition, the following shall be provided:\\par\n\\pard\\ltrpar\\li720\\sb120\\sa120\\qj 1. At least 1 means of egress door shall be an exterior door opening directly to the outdoors in accordance with Chapter 10, including access to the public way, even if compliance with such standards is not otherwise required by Chapter 10 or any other law. Such exterior door shall swing inward and be provided with landings on both the interior and exterior sides of the door in accordance with Section 1010.1.6, excepted as provided in Section U202.8.4.\\par\n2. Such cellar shall be considered as a story above a grade plane for the purpose of complying with Chapter 9 and Chapter 10.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U202.8.4 Landing exception.\\b0 An exterior landing shall not be required where the landing or floor on the exterior side is no more than 7.75 inches (197 millimeters) below the top of threshold of the exit door, and the door does not swing over the landing or floor.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U202.9 Radon levels. \\b0 No certificate of occupancy or temporary certificate of occupancy may be issued for an ADU located in a basement or cellar unless a certification is submitted to the commissioner that the level of radon in such ADU is tested in accordance with, and meets the standards set forth in rules promulgated by the department of health and mental hygiene, in consultation with the department, the fire department, and the office of emergency management.\\par\n\\b U202.10 Vapor levels.\\b0 No certificate of occupancy or temporary certificate of occupancy shall be issued for an ADU located in a basement or cellar unless a certification is submitted to the commissioner that the vapor level in such ADU is tested in accordance with, and meets the standards set forth in rules promulgated by the department of health and mental hygiene, in consultation with the mayor\\rquote s office of environmental remediation, the department, the fire department, and the office of emergency management. \\b\\par\nU202.11 Basic stormwater prevention requirements.\\b0 An ADU located in a basement or cellar shall comply with the following:\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b 1. Water sensor and alarm.\\b0 Every habitable room shall be provided with at least 1 water sensor with backup battery power to warn the occupants in the event of a flood. The department may promulgate rules to supplement the requirement of such water sensors and alarms.\\par\n\\b 2. Emergency preparedness information. \\b0 The owner shall post all required signage in a manner prescribed by the \\i Housing Maintenance Code\\i0 and the rules of the department of housing preservation and development and shall notify any tenants about enrollment in an emergency alert system operated by the office of emergency management.\\b\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj U202.12 Special requirements for certain basement or cellar ADUs.\\b0 The department may issue an authorization for temporary residence in accordance with Article 507 of Chapter 5 of Title 28 of the \\i Administrative Code.\\i0 An eligible basement or cellar residence in the program area shall comply with the provisions of such article and the rules of the department. \\par\n\\pard\\ltrpar\\keep\\keepn\\sb120\\sa120\\qc\\b SECTION BC U203 \\line ADU SEPARATED BY A FIRE WALL FROM A TWO-FAMILY PRIMARY DWELLING\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj U203.1 Scope. \\b0 An ADU separated from the primary two-family dwelling by a fire wall that is constructed of concrete or masonry in accordance with Section 706 shall be constructed in accordance with all applicable requirements of a Group R-3 occupancy of this code, except as provided by in Section U103 and Sections U203.2 through U203.7.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U203.1.1 Occupancy classification. \\b0 Where the ADU is separated from the primary two-family dwelling by a fire wall, both the ADU and the primary dwelling unit shall be classified as Group R-3 occupancy and shall comply with all applicable requirements of Group R-3 occupancy in this code.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U203.2 Subgrade space limitation. \\b0 The ADU shall be located above the grade plane. The finished ground level of an under-floor space below the story above the grade plane shall be level with or higher than the outside finished ground level on at least 1 side.\\par\n\\b U203.3 Separate building required.\\b0 The ADU shall be constructed as a separate building from the primary dwelling. Both the ADU and the primary dwelling shall provide:\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj 1. All vertical circulation and exit systems required by this code without entering the other building.\\par\n2. All fire protection systems required by this code without reliance on the other building. A shared water supply in accordance with Section U103.5.4 shall be permitted.\\par\n\\b U203.3.1 Construction class. \\b0 The construction class of an attached ADU shall not be lower than the primary dwelling.\\b\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj U203.4\\b0 \\b Exterior walls. \\b0 Construction, projections, openings and penetration of exterior walls of an ADU shall comply with Sections 602 and 705.\\par\n\\b U203.5 Maximum building height. \\b0 The maximum building height of the ADU shall be determined in accordance with Section U103.8.\\b\\par\nU203.6 Type V construction in fire districts.\\b0 Notwithstanding Section D105.1, an ADU completely or partially located inside the fire districts, as established in Section D101.2, is permitted to be constructed as Type V in accordance with Section U103.8.\\b\\par\nU203.7 Flood mitigation.\\b0 The department may promulgate rules relating to requirements for flood mitigation applicable to an ADU in the coastal flood risk area or 10-year rainfall flood risk area.\\par\n\\pard\\ltrpar\\keep\\keepn\\sb120\\sa120\\qc\\b SECTION BC U204 \\line ADU DETACHED FROM THE PRIMARY DWELLING\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj U204.1 Scope. \\b0 An ADU detached from the primary dwelling shall be constructed in accordance with the \\i New York City Zoning Resolution\\i0 and all requirements of Group R-3 occupancy in this code, except as provided by Section U103, Sections U203.2 and U203.4 through U203.7, and Section U204.2.\\par\n\\pard\\ltrpar\\li360\\sb120\\sa120\\qj\\b U204.1.1 Occupancy classification.\\b0 Where the ADU is detached from the primary dwelling, both the ADU and the primary dwelling unit shall be classified as Group R-3 occupancy and shall comply with all applicable requirements of Group R-3 occupancy in this code.\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\b U204.2 Egress arrangement.\\b0 The ADU shall provide all vertical circulation and exit systems required by this code without entering the primary dwelling. The construction of an ADU shall not alter the egress requirements for the primary dwelling pursuant to Chapter 10.\\par\n\\par\n\\pard\\ltrpar\\keep\\keepn\\sb120\\sa120\\qc\\b SECTION BC U205\\line USE OF MANUFACTURED HOMES AS ADUS\\par\n\\pard\\ltrpar\\sb120\\sa240\\qj U205.1 Scope. \\b0 Where a manufactured home is permitted by this code, the manufactured home may be used as an ADU in accordance with Section U103, U203, U204, and rules of the department.\\par\n\\pard\\ltrpar\\fi1440\\sb120\\sa120\\sl480\\slmult1\\qj\\ulnone\\'a7 2. Section 503.2.4.1 of the New York City fire code, as amended by local law number 47 for the year 2022, is amended to read as follows:\\par\n\\pard\\ltrpar\\sb120\\sa120\\qj\\cf1\\kerning0\\b 503.2.4.1 Group R-3 occupancies set back 100 feet or less. \\b0 The fire apparatus access road to a Group R-3 building with any main front entrance located more than 40 feet (12192 mm) but not more than 100 feet (30 480 mm) from the street line (as measured along the route of the fire apparatus access road) may be designed and constructed in compliance with the requirements of the Building Code for driveways where:\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\sb120\\sa120\\qj 1. The driveway is designed and is used exclusively to provide access only to a single Group R-3 building \\ul and no more than 1 ancillary dwelling unit, as defined in Section U102 of the Building Code,\\ulnone and to no other buildings; and\\cf0\\par\n\\cf1 2. The height of the Group R-3 building \\ul or an ancillary dwelling unit\\ulnone does not exceed 35 feet (10 668 mm) above the grade plane (with the terms \"building height\" and \"grade plane\" having the meanings set forth in Section BC 502.1 of the Building Code); and\\par\n3. The driveway provides access to the frontage space of each occupancy, except as otherwise provided in FC 504.1.2; and\\cf0\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\sb120\\sa240\\qj\\cf1 4. The dwelling units are equipped with interconnected smoke alarms, in accordance with Section [907.2.10] \\ul 907.2.11\\ulnone of the Building Code.\\par\n\\pard\\ltrpar\\fi1440\\sb120\\sa120\\sl480\\slmult1\\qj\\cf0\\kerning2\\'a7 3. Section 504.1.2 of the New York City fire code, as amended by local law number 47 for the year 2022, is amended to read as follows:\\par\n\\pard\\ltrpar\\hyphpar0\\sb120\\sa120\\qj\\cf1\\kerning0\\b 504.1.2 Occupancies with separate entrances.\\cf0\\b0 \\cf1 When a building contains more than one occupancy \\ul or is primary to a semi-attached or detached ancillary dwelling unit, as defined by Section U102 of the Building Code,\\ulnone and separate entrances are provided for individual occupancies, there shall be a main front entrance for each such occupancy, and a separate frontage space shall be provided for each main front entrance, except that a second frontage space is not required for a two-family Group R-3 occupancy \\ul or a dwelling unit ancillary to a one-family or two-family Group R-3 occupancy\\ulnone if unobstructed access, 5 feet (1524 mm) in width, is provided to the rear yard and to the main front entrance of any dwelling unit from either side of the building that is not directly accessible from the public street, fire apparatus access road, or driveway. An open accessory parking area not less than 5 feet (1524 mm) in width shall be sufficient to constitute unobstructed access to the rear yard, regardless of the presence of parked vehicles in such parking area.\\cf0\\par\n\\pard\\ltrpar\\hyphpar0\\li360\\sb120\\sa240\\qj\\ul\\b 504.1.2.1 Detached ancillary dwelling units.\\b0 A detached ancillary dwelling unit is not required to provide frontage space if access to the main front entrance of the detached ancillary dwelling unit is provided in accordance with the requirements for unobstructed access set forth in FC 504.1.2 and Table U103.8 of Appendix U of the Building Code.\\par\n\\pard\\ltrpar\\hyphpar0\\fi1440\\sb120\\sa120\\sl480\\slmult1\\qj\\kerning2\\ulnone\\'a7 4. This local law takes effect on the same date as a local law amending the administrative code of the city of New York, relating to establishing a pilot program to convert existing basement or cellar apartments to habitable dwelling units, as proposed introduction number 1127 for the year 2024, takes effect. \\par\n\\pard\\ltrpar\\noline\\hyphpar0\\fi1440\\sb120\\sa120\\sl480\\slmult1\\qj\\par\n\\pard\\ltrpar\\noline\\hyphpar0\\sa120\\qj\\fs20 APM\\par\nProposed Int. No. 1128-A\\par\n11/27/24 5:58pm\\kerning0\\b\\par\n}\n", - "LastModified": "2024-12-05T17:22:04.46Z" + "LastModified": "2024-12-05T18:34:35.447Z" } diff --git a/introduction/2024/1130.json b/introduction/2024/1130.json index df642c2ea..e6d982f4d 100644 --- a/introduction/2024/1130.json +++ b/introduction/2024/1130.json @@ -31,6 +31,11 @@ "Slug": "lincoln-restler", "FullName": "Lincoln Restler" }, + { + "ID": 7813, + "Slug": "tiffany-caban", + "FullName": "Tiffany Cabán" + }, { "ID": 0, "Slug": "", @@ -71,14 +76,14 @@ "Attachments": [ { "ID": 311956, - "LastModified": "2024-12-05T15:03:40.577Z", + "LastModified": "2024-12-05T18:01:17.67Z", "Name": "Summary of Int. No. 1130", "Link": "https://nyc.legistar1.com/nyc/attachments/1b52d7d5-67d1-47f5-b21e-17c526051d54.docx", "Sort": 3 }, { "ID": 311957, - "LastModified": "2024-12-05T13:20:43.01Z", + "LastModified": "2024-12-05T18:01:29.183Z", "Name": "Int. No. 1130", "Link": "https://nyc.legistar1.com/nyc/attachments/bedf87e8-7312-4dae-9520-0bb73efb7f8f.docx", "Sort": 4 @@ -88,5 +93,5 @@ "TextID": 78440, "Text": "Be it enacted by the Council as follows:\n \n \n Section 1. Chapter 1 of title 24 of the administrative code of the city of New York is amended by adding a new subchapter 10 to read as follows:\n Subchapter 10\n INDIRECT SOURCE RULE\n � 24-191 Definitions. For the purposes of this subchapter, the following terms have the following meanings:\n Indirect source. The term \"indirect source\" means a facility, building, structure, installation, real property, road, or highway which attracts, or may attract, mobile sources of air pollution.\n Indirect source rule. The term \"indirect source rule\" means a regulation of indirect sources that aims to reduce emissions from mobile sources of air pollution that interact with such indirect sources.\n Mobile source of air pollution. The term \"mobile source of air pollution\" mean vehicles, engines, and equipment that generate air pollution and that move, or can be moved.\n Qualifying warehouse. The term \"qualifying warehouse\" means a warehouse that is 50,000 square feet or greater. \n Warehouse. The term \"warehouse\" means a fulfillment center, a facility whose primary purpose is storage and distribution of goods to consumers either directly or through a last mile facility; or a last mile facility whose primary purpose is processing or redistributing goods for delivery directly to consumers; or a parcel sorting facility whose primary purpose is sorting or redistributing goods from a fulfillment center to a last mile facility.\n � 24-192 Indirect source rule. a. The commissioner shall promulgate an indirect source rule. Such rule shall apply to all operators of qualifying warehouses and any other indirect sources the commissioner deems appropriate.\n b. In promulgating the indirect source rule, the commissioner shall consider a variety of measures including, but not limited to:\n 1. Requiring indirect sources to implement air pollution mitigation plans approved by the commissioner;\n 2. Regulating times or methods of delivery to or from indirect sources; \n 3. Establishing incentives for indirect sources to take actions specified by the commissioner that mitigate air pollution; and\n 4. Establishing penalties for violations of the indirect source rule.\n � 2. This local law takes effect 180 days after it becomes law, except that the commissioner of environmental protection shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date. \n\nEH\nLS #8937/12504/14948\n11/25/2024 1:15 PM\n\n\n \n \n \n \n \n \n 2\n \n \n 1", "RTF": "{\\rtf1\\fbidis\\ansi\\ansicpg1252\\deff0\\deflang1033\\deflangfe1033{\\fonttbl{\\f0\\froman\\fprq2\\fcharset0 Times New Roman;}}\n\\viewkind4\\uc1\n\\ul\\v0\\par\nBe it enacted by the Council as follows:\\ulnone\\par\n\\pard\\ltrpar\\fi720\\qj\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj Section 1. Chapter 1 of title 24 of the administrative code of the city of New York is amended by adding a new subchapter 10 to read as follows:\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qc\\ul Subchapter 10\\par\nINDIRECT SOURCE RULE\\par\n\\pard\\ltrpar\\fi720\\sl480\\slmult1\\qj\\'a7 24-191 Definitions. For the purposes of this subchapter, the following terms have the following meanings:\\par\nIndirect source. The term \\ldblquote indirect source\\rdblquote means a facility, building, structure, installation, real property, road, or highway which attracts, or may attract, mobile sources of air pollution.\\par\nIndirect source rule. The term \\ldblquote indirect source rule\\rdblquote means a regulation of indirect sources that aims to reduce emissions from mobile sources of air pollution that interact with such indirect sources.\\par\nMobile source of air pollution. The term \\ldblquote mobile source of air pollution\\rdblquote mean vehicles, engines, and equipment that generate air pollution and that move, or can be moved.\\par\nQualifying warehouse. The term \\ldblquote qualifying warehouse\\rdblquote means a warehouse that is 50,000 square feet or greater. \\par\nWarehouse. The term \\ldblquote warehouse\\rdblquote means a fulfillment center, a facility whose primary purpose is storage and distribution of goods to consumers either directly or through a last mile facility; or a last mile facility whose primary purpose is processing or redistributing goods for delivery directly to consumers; or a parcel sorting facility whose primary purpose is sorting or redistributing goods from a fulfillment center to a last mile facility.\\par\n\\'a7 24-192 Indirect source rule. a. The commissioner shall promulgate an indirect source rule. Such rule shall apply to all operators of qualifying warehouses and any other indirect sources the commissioner deems appropriate.\\par\nb. In promulgating the indirect source rule, the commissioner shall consider a variety of measures including, but not limited to:\\par\n1. Requiring indirect sources to implement air pollution mitigation plans approved by the commissioner;\\par\n2. Regulating times or methods of delivery to or from indirect sources; \\par\n3. Establishing incentives for indirect sources to take actions specified by the commissioner that mitigate air pollution; and\\par\n4. Establishing penalties for violations of the indirect source rule.\\par\n\\pard\\ltrpar\\qj\\ulnone\\'a7 2. This local law takes effect 180 days after it becomes law, except that the commissioner of environmental protection shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date. \\fs18\\par\nEH\\par\nLS #8937/12504/14948\\par\n\\pard\\ltrpar 11/25/2024 1:15 PM\\par\n\\par\n\\par\n\\pard\\ltrpar\\fi720\\fs24\\par\n\\par\n\\par\n\\par\n\\par\n\\par\n}\n", - "LastModified": "2024-12-05T16:34:28.823Z" + "LastModified": "2024-12-05T18:01:29.183Z" } diff --git a/land_use/2024/0181.json b/land_use/2024/0181.json index e7b527d98..71420c511 100644 --- a/land_use/2024/0181.json +++ b/land_use/2024/0181.json @@ -349,7 +349,7 @@ "Sort": 110 } ], - "LastModified": "2024-12-03T05:51:55.787Z" + "LastModified": "2024-12-05T18:39:50.65Z" }, { "ID": 414914, @@ -498,5 +498,5 @@ ], "Summary": "", "TextID": 78527, - "LastModified": "2024-12-05T15:18:41.06Z" + "LastModified": "2024-12-05T18:39:43.097Z" } diff --git a/last_sync.json b/last_sync.json index 9e9d26696..69300cd20 100644 --- a/last_sync.json +++ b/last_sync.json @@ -1,8 +1,8 @@ { - "Matters": "2024-12-05T17:37:21.17Z", + "Matters": "2024-12-05T19:11:19.54Z", "Persons": "2024-10-16T19:13:13.08Z", - "Events": "2024-12-05T17:15:33.627Z", - "LandUse": "2024-12-05T16:47:38.4Z", + "Events": "2024-12-05T18:53:47.017Z", + "LandUse": "2024-12-05T18:39:43.097Z", "Resolution": "2024-12-05T16:59:04.13Z", - "LastRun": "2024-12-05T17:39:28Z" + "LastRun": "2024-12-05T19:39:43Z" }