BILL NUMBER: S6847
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to enacting the "adjacent neighbors' bill of rights"
 
PURPOSE OR GENERAL IDEA OF BILL:
Relates to enacting the adjacent neighbors' bill of rights
 
SUMMARY OF PROVISIONS:
The administrative code of the city of New York is amended adding a new
section 28-103.
 
JUSTIFICATION:
There have been an increasing number of reports from homeowners in New
York City whose properties are being damaged by adjacent or nearby
construction and development. The majority of these reports involve
either underpinning of party walls in attached buildings or nearby exca-
vation that has destabilized foundations. Few, if any, of these homeown-
ers are aware that they have rights in these matters, let alone how to
proceed legally or who to contact in cases of emergency.
Many of those affected are senior citizens who may lack resources to
hire the attorneys and engineers required to address the problems. This
measure directs the New York State Department of Buildings to develop a
pamphlet known as the "Adjacent Neighbors Bill of Rights "advising home-
owners who are adjacent to a property under development or construction
of their rights and available resources, and to post it on the Depart-
ment's website and such pamphlet to also be mailed by developers to all
homeowners who are adjacent to any property. The Department will be
required to provide copies to all state and local elected officials,
community boards and other organization deemed necessary by the Commis-
sioner.
Amongst other things, the Adjacent Neighbors Bill of Rights will
include:
-guidelines for identifying and contacting competent constructions and
the services they provide
-an advisory of the right of homeowners to review plans to the Depart-
ment submitted by developers
-an advisory of a homeowner's right to a pre-construction survey, at the
developer's expense, when a developer plans to perform under pinning or
excavation or encroachments on such homeowner's property
-an advisory on when a developer is required to negotiate a license or
party wall agreement with a homeowner and that such homeowner should
seek representation from a construction attorney
-an advisory of a homeowner's right to compel a developer through a
party wall or license agreement to take protective measures involving
the party wall
-an advisory of a homeowner's right to limit permissible hours during
which a developer may perform work
-an advisory of a developer's obligation under law to homeowners for
damages to their property due to the developer's excavations or under-
pinning
-contact information and other resources within the department related
to excavation, underpinning, development plans and permits available to
homeowners
 
PRIOR LEGISLATIVE HISTORY:
2024: S1304
2022: S3586A
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
 
EFFECTIVE DATE:
This at shall take effect on the one hundred eightieth day after it
shall have become a law.