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A01538 Text:

                STATE OF NEW YORK
                               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.

        A. 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.
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