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A01538 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 1538 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. BRAUNSTEIN, MOSLEY, BENEDETTO, JAFFEE, COLTON, MONTESANO, KIM -- Multi-Sponsored by -- M. of A. COOK, HIKIND -- read once and referred to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to the filing of deeds containing restrictive covenants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 27-106 to read as follows: 3 § 27-106 Registry of deeds with restrictive covenants. (a) The depart- 4 ment shall maintain a registry of all deeds containing restrictive 5 convents that are filed with the department. Any such filing shall not 6 be deemed as acceptable in lieu of any other filing requirements 7 mandated or permitted under any other provision of law, rule or regu- 8 lation. A deed containing one or more restrictive covenants may be filed 9 with the department for inclusion in this registry by any owner or home- 10 owner association whose property is subject to a restrictive covenant 11 and/or by or on behalf of a neighborhood association or civic associ- 12 ation whose area of geographic concern, as set forth in its certificate 13 of incorporation, charter or other relevant organizing document, encom- 14 passes the property that is the subject of such restrictive covenant. 15 The filing shall be accompanied by a notarized registration statement 16 acknowledging the authenticity of such deed. This registry shall be made 17 available to the public during regular business hours. 18 (b) Prior to the issuance of any permit, employees of the department 19 shall search the registry created pursuant to subdivision (a) of this 20 section for the purpose of determining whether any deed listed in this 21 registry contains any restrictive covenant that would be violated by the 22 issuance of the requested permit or the completion of the project for 23 which such permit is sought. If a violation of any such restrictive 24 covenant would occur, then the department shall not issue such permit EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00820-01-7A. 1538 2 1 except as authorized by order of a court of competent jurisdiction. Any 2 owner or homeowner association whose property is the subject of such 3 restrictive covenant, or any neighborhood association or civic associ- 4 ation whose area of concern encompasses the property that is the subject 5 of such restrictive covenant, shall be barred from collecting damages 6 against the city for the failure to enforce the restrictions contained 7 in such restrictive covenant if such restrictive covenant has not been 8 filed with the department. The department shall promulgate any addi- 9 tional rules for the implementation of this section. 10 (c) Nothing in this section shall be interpreted to limit or reduce 11 the rights of any owner or homeowner association whose area of geograph- 12 ic concern encompasses the property that is subject of such restrictive 13 covenant or covenants to initiate and maintain legal action to enforce 14 any such covenant or covenants. 15 § 2. This act shall take effect immediately.