New York Bill Would Require Certificate of Occupancy Be Obtained Within 4 Years Of Initial Permit


Recently, New York Senate Bill 5043 was introduced by Senator Tony Avella. It was read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development. If signed into law, the bill would amend the administrative code of the City of New York to add Section 28-118.22 to read that “all new building construction or alterations of current buildings in an R1, 2, 3 or 4 zoning areas shall complete construction and/or alterations and obtain a certificate of occupancy within four years of the initial permit for such construction and/or alteration. If such construction is not complete and a certificate of occupancy [] is not obtained within four years, the Department may demolish the structure and return the site to a clean and safe condition at the property owner’s expense.” The bill also proposes to amend Section 28-214.1 of the administrative code of the City of New York to read that “[a]fter a period of two years, if no attempt is made to rehabilitate the ‘sealed’ status of such building pursuant to subdivision one of this section, such building may be demolished at the property owner’s expense pursuant to Section 28-214.1.5 of this Article.” If signed into law, the bill would take effect immediately.