L.L. 2016/096

Enactment date: 8/31/2016  

Int. No. 507-A

By Council Members Kallos, Rose, Chin, Koo, Vallone, Cohen and Levin

A Local Law to amend the New York city charter, in relation to the waterfront management advisory board, and to repeal section 1303 of such charter in relation thereto

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law takes effect 120 days after it becomes law, except that the mayor and the speaker of the city council may appoint members to the board created by section 1303 of the New York city charter, as added by section two of this local law, prior to the effective date of this local law.

L.L. 2016/125

Enactment date: 10/18/2016  

Int. No. 1277-A

By Council Members Williams, Salamanca, Van Bramer, Lander, Kallos and Barron (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to conforming the New York city energy conservation code to recent amendments to the 2016 New York state energy code.

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 8. This local law takes effect on October 3, 2016, and applies to applications filed on and after October 3, 2016, but if it becomes a law after October 3, 2016, it takes effect immediately, and is retroactive to and shall be deemed to have been in full force and effect on and after October 3, 2016, and shall apply to applications filed on and after October 3, 2016.

L.L. 2016/126

Enactment date: 10/31/2016  

Int. No. 251-A

By Council Members Dromm, Palma, Chin, Constantinides, Koo, Levine, Mendez, Richards, Levin, Van Bramer, Lancman, Menchaca, Vacca, Rodriguez, Ferreras-Copeland, Koslowitz, Torres, Vallone, Lander, Dickens, Kallos, Treyger, King, Reynoso, Cohen, Greenfield, Williams, Rosenthal, Cumbo, Johnson, Rose, Eugene, Garodnick, Gentile and Barron

A Local Law to amend the New York city charter, in relation to the collection of demographic data regarding ancestry and languages spoken

Be it enacted by the Council as follows:

Section 1. Legislative findings. New York City's diversity is one of its primary strengths, but existing data often do not provide City government and others with full information about the demographics of the individuals served by City agencies. Detailed information about the ancestral/ethnic and linguistic makeup of an agency's client population can help agencies and community organizations to make ongoing adjustments to their outreach and service delivery models. This legislation will help the City and its partners to better understand and serve residents of all backgrounds and identities.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law takes effect 180 days after it becomes law.

L.L. 2016/128

Enactment date: 10/31/2016  

Int. No. 552-A

By Council Members Dromm, Johnson, Menchaca, Mendez, Torres, Van Bramer, Chin, Constantinides, Lander, Levine, Cohen, Rodriguez, Vallone, Ferreras-Copeland, Koslowitz, Lancman, Rosenthal, Levin, Reynoso, Kallos, Cabrera, Miller, Richards, Rose, Vacca, Williams, Cumbo, Cornegy, Gentile, Palma, Crowley, Espinal, Maisel, Dickens, Barron, Ulrich and the Public Advocate (Ms. James)

A Local Law to amend the New York city charter, in relation to the collection of data regarding sexual orientation and gender identity

Be it enacted by the Council as follows:

Section 1. Legislative Findings. The Council finds that it is unclear how many individuals who identify themselves as lesbian, gay, bisexual, transgender and questioning (LGBTQ) receive services from various New York City agencies. It is the intent of the Council, therefore, to ensure that City agencies capture this information and utilize it to tailor programs to best serve the LGBTQ community. Accordingly, the Council finds that it is necessary for City agencies to issue forms to capture data on individuals' sexual orientation and gender identity. Since gender identity alone is not always an indicator of whether a person is transgender, cisgender, or intersex, the Council also finds that such forms should include questions to this effect. Although the data collected by City agencies may not initially present a fully accurate representation of New York City's LGBTQ and gender non-conforming communities, over time the normalization of the collection of such data will lead to more accurate statistics regarding these communities. As the stigma against the LGBTQ community gradually erodes, evidenced by the fact that the U.S. Census began collecting data on married same-sex households in 2010, individuals are increasingly willing to identify themselves as LGBTQ.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law takes effect on the same date as a local law of the city of New York for the year 2016 amending the New York city charter relating to the collection of demographic data regarding ancestry and languages spoken, as proposed in introduction number 251-A, takes effect.

L.L. 2016/136

Enactment date: 11/2/2016  

Preconsidered Int. No. 1341

By Council Members Treyger and Kallos (by request of the Mayor)

A Local Law in relation to special provisions for approval of demolition and construction work by city contractors under the "build it back" disaster recovery program

Be it enacted by the Council as follows:

Section 1. Intent. The city has implemented a disaster recovery program known as the build it back program for the recovery of residential property damaged or destroyed in the severe storm known as Sandy that occurred on October 29 and October 30 in 2012. The purpose of this local law is to expedite such recovery by implementing special procedures for the review and approval of demolition and construction work by city contractors under such program, consistent with public safety.

§ 2. Definitions.

   a.   Unless otherwise indicated in subdivision b of this section, the terms used in this local law have the meanings ascribed to such terms in title 28 of the administrative code of the city of New York.

   b.   As used in this local law:

      Build it back program. The term "build it back program" means the disaster recovery program funded by a community development block grant pursuant to the disaster relief appropriations act of 2013 and implemented by the city for recovery of residential property damaged or destroyed in the severe storm known as Sandy that occurred on October 29 and October 30 in 2012.

      Contracting agency. The term "contracting agency" means, with respect to work performed under the build it back program, and funded through (i) a contract held by the department of environmental protection, (ii) a contract held by the department of design and construction or (iii) a disbursement agreement held by the department of housing preservation and development, the agency holding such contract or disbursement agreement.

§ 3. Applicability. This local law applies only to one- to four-family dwellings enrolled in the build it back program, where work on such dwellings is funded through a contract or disbursement agreement held by a contracting agency.

§ 4. Full demolition of detached one- to four-family dwellings. Notwithstanding any inconsistent provision of sections 28-104.1 and 28-105.1 of the administrative code, the full demolition of a detached one- to four-family dwelling funded through a contract or disbursement agreement held by a contracting agency under the build it back program, which would otherwise require construction document approval and a permit, may be performed without such approval and permit, consistent with public safety, subject to the following conditions:

   (1)   A complete application for approval of construction documents and issuance of a permit, including all required submittal documents, shall be submitted to the department of buildings as soon as practicable after the completion of the demolition work. The department of buildings will not issue a new building permit for the site of the demolition until a complete application for the demolition is submitted.

   (2)   The work is performed under the supervision of a registered design professional designated by the contracting agency.

   (3)   For demolition by hand held devices, or where mechanical equipment is used only for foundation removal, such registered design professional, or a qualified individual with experience in demolition operations designated by the contracting agency under the supervision of such registered design professional is at the site to monitor the demolition from the commencement of the work until its completion. In all other instances where mechanical demolition equipment, other than hand held devices, is being used, such registered design professional shall be at the site to monitor the demolition from the commencement of the work until its completion.

   (4)   The registered design professional ensures that all required documentation and certifications relating to compliance with the provisions of title 28 of the administrative code and other applicable law have been obtained before commencement of demolition work, except where such documentation or certification is waived by the certifying authority. Such documentation and certifications shall be maintained at the site and available for inspection by the department of buildings.

   (5)   Where section 3306.5.1 of the New York city building code applies to such demolition, documents complying with such section shall be prepared and professionally certified by a registered design professional for compliance with the New York city construction codes, including the certification that any alternate means of protection of adjoining properties are equally safe as those required by such codes, before commencement of the demolition and shall be available at the site for inspection by the department of buildings.

§ 5. Option for buildings with outstanding pre-existing violations or pre-existing permits not signed off. Notwithstanding any inconsistent provision of sections 28-118.3.2 or 28-118.3.3 of the administrative code at the option of the owner and subject to the discretion of the mayor's office of housing recovery, the elevation of a one- to four-family dwelling funded through a contract or disbursement agreement held by a contracting agency under the build it back program that would otherwise require the issuance of a certificate of occupancy by the department of buildings before re-occupancy of such dwelling, may be performed under a permit that will allow such dwelling to be occupied by the owner without a new certificate of occupancy or under its last issued certificate of occupancy, if any. Under this option, the owner may re-occupy the building after the issuance of a letter of completion for such work. Such letter of completion may be issued notwithstanding pre-existing violations or pre-existing permits that have not been signed off. The contracting agency must notify the owner before undertaking the elevation of a one- to four-family dwelling under this option, that although such dwelling may be occupied by the owner without the issuance of a new certificate of occupancy or under the last issued certificate of occupancy, if any, any inconsistency with such last issued certificate of occupancy or not obtaining a new certificate of occupancy may have an impact on the ability of such owner to obtain a mortgage or sell such dwelling and that all pre-existing violations and pre-existing permits that have not been signed off will remain in effect and must be remedied before the department of buildings will issue a new certificate of occupancy for such dwelling. The mayor's office of housing recovery shall establish guidelines for the exercise of its discretion pursuant to this section to exclude the use of this option where the pre-existing violations consist of work without a permit that substantially increased the square footage of the dwelling or where the pre-existing violations are of such a nature that there is no reasonable expectation that the violations will be corrected in the future.

§ 6. Letter of completion where no certificate of occupancy is required. Where a letter of completion is required for the alteration of a one- to four-family dwelling funded through a contract or disbursement agreement held by a contracting agency under the build it back program, such letter may be issued notwithstanding pre-existing violations or pre-existing permits that have not been signed off. This section shall not apply where, in accordance with sections 28-118.3.2 or 28-118.3.3 of the administrative code, such work would require the issuance of a new certificate of occupancy.

§ 7. Waiver of penalties by the department of buildings. Notwithstanding the provisions of sections 28-213.1.1, 28-213.1.2 and 28-213.3 of the administrative code, civil penalties that may be imposed for pre-existing violations for work without a permit which would otherwise be required to be paid before the issuance of a permit shall be waived by the department of buildings with respect to permits for work on one- to four-family dwellings funded through contracts or disbursement agreements with contracting agencies under the build it back program. Any necessary permits for such work shall be issued, provided all other requirements for such permits are met.

§ 8. Except as specifically provided, nothing in this local law is intended to grant authorization for any work to be done in any manner in violation of the provisions of the New York city construction codes, the zoning resolution or any other law or rules.

§ 9. This local law takes effect immediately.

L.L. 2016/140

Enactment date: 11/16/2016  

Int. No. 1017-C

By Council Members Lander, Levin, Johnson, Cumbo, Espinal, Chin, Mendez, Ferreras-Copeland, Constantinides, Richards, Rose, Torres, Kallos, Reynoso, Rodriguez, Levine, Treyger, Van Bramer, Gentile, Cabrera, Menchaca, Dickens, Rosenthal, Koslowitz, Miller, Palma, Salamanca, Williams, Cornegy, Gibson, Cohen, Ulrich and the Public Advocate (Ms. James)

A Local Law to amend the administrative code of the city of New York, in relation to protections for freelance workers

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law takes effect 180 days after it becomes law and applies only to contracts entered into on or after the effective date of this local law, except that the director shall take any actions necessary for the implementation of this local law, including the promulgation of rules, before such date.

L.L. 2016/143

Enactment date: 11/16/2016  

Int. No. 1191-A

By Council Members Levin, Grodenchik, Dromm, Salamanca, Eugene, Richards, Chin, Miller, Johnson, Cohen, Menchaca, Lander, Van Bramer, Rosenthal and Kallos

A Local Law to amend the administrative code of the city of New York, in relation to a five-year plan to address barriers to permanency

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 2. This local law takes effect immediately and is deemed repealed 15 years after it becomes law.

L.L. 2016/144

Enactment date: 11/16/2016  

Int. No. 1192-A

By Council Members Levin, Richards, Dickens, Dromm, Salamanca, Eugene, Chin, Grodenchik, Miller, Johnson, Cohen, Menchaca, Lander, Van Bramer, Rosenthal and Kallos

A Local Law in relation to a foster care task force

Be it enacted by the Council as follows:

Section 1.

   a.   There shall be an interagency task force to issue recommendations for improving services for youth in foster care and outcomes for youth aging out of foster care.

   b.   The task force shall consist of 21 members which shall be:

      1.   the commissioner of children's services, or their designee, who shall serve as chair;

      2.   the commissioner of the department of social services, or their designee;

      3.   the chancellor of the city school district, or their designee;

      4.   the commissioner of youth and community development, or their designee;

      5.   the commissioner of health and mental hygiene, or their designee;

      6.   the chairperson of the New York city housing authority, or their designee;

      7.   six members appointed by the mayor, including one member who shall represent foster care service providers, one member who shall represent advocacy organizations with relevant expertise, one youth currently in foster care and two youth who have aged out of the system in the previous 48 months, and one member who shall be a birth parent of a child who has spent a period of time in the child welfare system;

      8.   six members appointed by the speaker of the city council, including one member who shall represent foster care service providers, one member who shall represent advocacy organizations with relevant expertise, one youth currently in foster care and two youth who have aged out of the system in the previous 48 months, and one member who shall be a birth parent of a child who has spent a period of time in the child welfare system;

      9.   the speaker of the city council, or their designee, and the chairperson of the council committee on general welfare, or their designee; and

      10.   the public advocate, or their designee.

   c.   All members shall be appointed within 60 days of the enactment of this local law. All members of such task force shall serve without additional compensation. No member of the task force shall be removed except for cause and upon notice and hearing by the appropriate appointing official. Any vacancies in the membership of the task force shall be filled in the same manner as the original appointment.

   d.   Such task force shall submit a report of its findings and recommendations to the mayor and the council no later than 14 months after the effective date of the local law that added this section. Such recommendations shall address areas including, but not limited to education, housing, financial literacy, health and mental health services, parenting, decreasing the number of youth who age out of foster care, post-permanency services, and prioritizing permanent placements of youth with families before they age out. Annual reports on the implementation of such recommendations shall be submitted to the mayor and the council no later than 12 and 24 months following the submission of the initial report, after which the task force will cease to exist. Each report required pursuant to this section shall be posted on the administration for children's services' website.

§ 2. This local law takes effect immediately and is expired and deemed repealed three years after the date of the local law that added this section.