L.L. 1997/065

Enactment date: 8/19/1997

Int. No. 959-A

By Council Member Spigner, the Speaker (Council Member Vallone), Marshall, Freed, Pagan, Sabini, Michels, Williams, Malave-Dilan, Linares, Perez, Ognibene, Abel and Stabile (at the request of the Mayor and the Queens Borough President); also Council Members Harrison, Koslowitz, Leffler, McCaffrey, Povman and Robles

A Local Law to amend the administrative code of the city of New York, in relation to improving enforcement measures against illegal apartment conversions

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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§ 9. This local law shall take effect thirty days after it shall have been enacted into law and shall apply to violations committed on and after such date. The commissioner of buildings, the fire commissioner, the commissioner of consumer affairs and the environmental control board may promulgate any rules or take any other actions necessary for the timely implementation and enforcement of this local law.

L.L. 1997/069

Enactment date: 9/11/1997

Int. No. 958

By Council Members Spigner and Pagan (by the request of the Mayor) also Council Members Harrison and Robinson

A Local Law to amend the administrative code of the city of New York, in relation to tax lien foreclosure by action in rem

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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§ 4. This local law shall take effect immediately and shall apply to every list of delinquent taxes prepared on or after the effective date of this local law.

L.L. 1997/071

Enactment date: 9/11/1997

Int. No. 1016-A

By Council Members Spigner, Pagan, Dear, Michels, Williams, Malave-Dilan, Linares, Fusco and Stabile (in conjunction with the Mayor); also Council Members Fisher, Harrison, O'Donovan and Perez

A Local Law to amend the administrative code of the city of New York, in relation to the installation of food waste disposals in residential buildings

Be it enacted by the Council as follows:

Section I. Legislative findings. In 1995, local law number 74 was enacted, which provided for the limited installation of food waste disposals in dwellings served by combined sewer systems as part of a pilot study, the results of which were to be submitted to the mayor and the council no later than 21 months after the effective date of local law number 74. The findings were compiled in a June 1997 report prepared by the department of environmental protection entitled, "The Impact of Food Waste Disposers in Combined Sewer Areas of New York City." In short, the study found that the prohibition on the installation of food waste disposals in combined sewer areas should be lifted.

The study assessed the long-term impact of food waste disposals based on a maximum installation rate of one percent each year. The department of environmental protection has assured the council that it will supplement its ongoing monitoring of other factors that affect the City's treatment and disposal of wastewater by monitoring the introduction of food waste disposals to identify any problems that may materialize. In the unlikely event that problems do begin to surface, the department of environmental protection has further assured the council that it will immediately inform the council and recommend corrective action. With these assurances by the department of environmental protection, and in consideration of its own authority to oversee the implementation and effect of the installation of food waste disposals, the council finds, after review and analysis of the report, that at this time the prohibition of food waste disposals in combined sewer areas is no longer warranted.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. This local law shall take effect on the thirtieth day after it shall have become law.

L.L. 1997/072

Enactment date: 9/11/1997

Int. No. 1032

By Council Members Miller, Berman, the Speaker (Council Member Vallone), Michels, Eldridge, Cruz, Dear, DeMarco, Dilan, Duane, Eisland, Fields, Fisher, Foster, Freed, Harrison, Henry, Koslowitz, Lasher, Leffler, Marshall, McCabe, McCaffrey, O'Donovan, Pagan, Perez, Pinkett, Povman, Powell IV, Rivera, Robles, Ruiz, Sabini, Spigner, Warden, Watkins, Weiner, White, Williams, Wooten, Abel, Eristoff, Fossella, Fusco, Stabile and Ognibene (in conjunction with the Mayor)

A Local Law to amend the charter of the city of New York, in relation to the payment of real property taxes

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 shell take effect immediately and shall apply to installments of taxes on real property that become due and payable on or after July 1, 1998.

L.L. 1997/073

Enactment date: 9/30/1997

Int. No. 1037-A

By the Speaker (Council Member Vallone), Council Members Spigner, Michels, Freed, Duane, Miller, Fields, Koslowitz, Berman, Clark, Cruz, DeMarco, Malave-Dilan, Eisland, Fisher, Foster, Harrison, Henry, Linares, Marshall, McCaffrey, O'Donovan, Perez, Pinkett, Povman, Rivera, Robinson, Robles, Ruiz, Warden, Watkins, Wooten, Lasher, DiBrienza, Weiner, Williams, Eristoff and Dear (in conjunction with the Mayor). Passed under a message of necessity from the Mayor

A Local Law to amend the administrative code of the city of New York, in relation to the establishment of maximum rents

Be it enacted by the Council as follows:

Section 1. Legislative findings. In 1970, the city council enacted local law 30 which made fundamental reforms in computing rent increases for residential dwellings subject to the New York city rent and rehabilitation law (rent control). Included among these reforms was the establishment of the maximum base rent formula, which is used today to compute the maximum rent that may be charged for a rent controlled apartment for the ensuing two-year period.

The maximum base rent formula is based upon several cost components plus an eight and one-half percent return on capital value, where "capital value" is defined as equalized assessed valuation using the special state equalization ratio established pursuant to article 12-A of the New York state real property tax law (RPTL). At the time of local law 30's enactment, the only other official equalization measurement in existence was the article 12 (RPTL) state equalization rate, which, like the article 12-A special state equalization ratio, provided an equalization ratio of assessments to market values for all taxable real property situated in New York city. Although the article 12 state equalization rate and the article 12-1. Special state equalization ratio were numerically similar at that time, the council selected the article 12-A special state equalization ratio for computing capital value. It is the council's understanding that, at the time, the article 12-A special state equalization ratio closely and more accurately reflected the current market values of all taxable real property in New York city so as to provide the best possible measurement for computing "capital value".

However, since the enactment of local law 30 the city has altered the way in which it assesses property. Beginning in 1981 with the state legislature's enactment of chapter 1057, all properties in the city of New York were classified into one of four classes, with class one consisting of residential dwellings of three units or less, class two consisting of multiple dwellings of four units or more, class three consisting of utility property and class four consisting of all other property not designated as class one, two or three, predominantly commercial. Under this class structure system, class two residential property is assessed at a substantially higher percentage of the fair market value than class one. Because the article 12-A special state equalization ratio reflects the average assessment ratio for all four classes of property, using it to compute equalized assessed valuation for class one and class two properties only, produces distorted values for each of these classes. More specifically, using the article 12-A special state equalization ratio to compute equalized assessed valuation artificially inflates the capital values for class two properties resulting in a doubling of the statutory eight and one-half percent return on capital value, while at the same time, it artificially decreases the capital values for class one properties, resulting in a return on capital value that is less than half of the statutory rate. In light of the statutory eight and one-half percent return on capital value, the unforeseen result of a return on a distorted measure of capital value, described above, is contrary to the obvious intent of local law 30.

In 1989, the New York state division of housing and community renewal, which also acknowledged the gross inequity and unintended consequence that results from the utilization of the article 12-A special state equalization ratio, began using the more appropriate ratio, the article 12 tax class ratio, and continued to do so to the present. Since the creation of the class structure system the state has provided a separate ratio of assessed value to market value for each class of property. The council finds that the article 12 tax class ratio provides a more accurate measure of the value of properties for a particular class than the article 12-A special state equalization ratio because the article 12 tax class ratio measures the value of those properties within that particular class as opposed to the article 12-A special state equalization ratio which measures the value of all real property within the city, including one-, two- and three-family dwellings, utility property and commercial property, for the purpose of establishing the city's constitutional tax and debt limits.

By requiring the appropriate tax class ratio established pursuant to article 12 to be used in calculating equalized assessed valuation, this local law fulfills the obvious intent of the council in a way that fairly serves both landlords and tenants.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Notwithstanding any other provision of this local law, the standard adjustment factor for the 1996/97 maximum base rent cycle shall be computed in accordance with the provisions of section 2 of this local law.

§ 4. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 5. This local law shall take effect immediately.

L.L. 1997/074

Enactment date: 9/30/1997

Int. No. 1013

By Council Members McCaffrey and Marshall; also Council Members Koslowitz, Leffler, O'Donovan, Sabini and Abel

A Local Law in relation to a plaza name, Richard Trupkin Plaza, Borough of Queens

Be it enacted by the Council as follows:

Section 1. The following street name is hereby designated as hereafter indicated.

 

New Name	Present Name	Limits
Richard Trupkin Plaza	(none)	the intersection of Roosevelt Avenue, Skillman Avenue and 56th Street

 

§ 2. This local law shall take effect immediately.