BILL NUMBER: S402
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the urban development corporation act and the general
municipal law, in relation to including temporarily erected structures
in the definition of "substandard or insanitary area"
 
PURPOSE:
This legislation includes temporarily erected structures, including, but
not limited to, scaffolding, in the definition of the term "substandard
or insanitary area" as the term relates to blight.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 12 of section 3 of section 1 of the Urban
Development Corporation Act, by adding temporarily erected structures,
including, but not limited to, scaffolding, in the definition of the
term "substandard or insanitary area". Along with this, it identifies
these areas to be potential blight-causing hazards in any area regard-
less of whether or not it is residential or not.
Section 2 amends subdivision 4 of section 502 of the general municipal
law, as amended by chapter 748 of the laws of 1967, by adding temporar-
ily erected structures, including, but not limited to, scaffolding, in
the definition of the term "substandard or insanitary area". This also
highlights any areas that are deteriorating and is causing a blighting
issue on the area itself and any surrounding areas. This is related to
anything regarding air rights and can be dealt with through any urban
renewal programs.
Section 3 provides for the effective date.
 
JUSTIFICATION:
The presence of massive scaffolding installations at New York City Hous-
ing Authority ("NYCHA") developments is a chronic health, safety, and
quality of life concern for residents. Scaffolding is often left erected
for substantial lengths of time, sometimes years, as the costs paid to
contractors add up, even while no work or inspections are taking place,
or after work has been completed. Scaffolding structures regularly used
for large-scale renovation, construction, and pointing often create
large pockets of walkway areas that block light, limit walking access,
and increase vulnerability for residents, especially at night. These
structures are also often unsightly and poorly maintained, creating
blight. Courts have granted the government great deference in determin-
ing what constitutes blight, and historically, this power has been used
to seize land in urban communities strictly for large-scale development,
even against the will of the community subject to said development.This
legislation seeks to instead use blight determinations to address an
ongoing health and safety concern for NYCHA residents where NYCHA cannot
or will not act to remove unsightly and dangerous scaffolding.
 
LEGISLATIVE HISTORY:
S3425 of 2023-24: Referred to Corporations, Authorities, and Commis-
sions.
S7358 of 2021-2022: Referred to Corporations, Authorities, and Commis-
sions.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE LITE:
This act shall take effect immediately.

Statutes affected:
S402: 502 general municipal law, 502(4) general municipal law