Brooklyn's Progress
August 2003

By the Office of the Mayor

Legislation Extending Industrial and Commercial Incentive Program

“The first bill before me today (July 14) is Introductory Number 520, sponsored at my request by Council Members Weprin, Comrie, Davis, Felder, Seabrook and Stewart.  This bill would extend, for four years, the existing Industrial and Commercial Incentive Program.  The new deadline for applications will be June 30, 2007.  The Industrial and Commercial Incentive Program is one of New York City’s most important economic development tools.  By providing as-of-right real property tax exemptions and abatements, the program encourages building renovations and new construction, which helps to protect and expand the City’s tax base and to retain and create private sector employment.

“The program was created in the mid-1980s and has been modified periodically to address the needs arising from a constantly changing economy and real estate environment. 

“This legislation extends the current program, which provides the deepest benefits in the outer boroughs and for industrial construction.  It also maintains the present benefit schedule for new construction of SMART buildings in Lower Manhattan, while revising the boundaries of the new construction exemption area to exclude the area encompassing the World Trade Center site, which is owned by the Port Authority of New York and New Jersey.”

Legislation Suspending Penalties Levied Against Awning Violations

“The next bill before me is Introductory Number 305-A, sponsored by Council Members Monserrate, Weprin, Liu, Sanders, Clark, Addabbo, Comrie, Foster, Jackson, Jennings, Lopez, Martinez, Rivera, Stewart, Brewer, Gennaro, Gioia, DeBlasio, Reyna, Gonzalez, Provenzano, Yassky, Recchia, Avella, and Lanza.

“Intro. 305-A provides relief to small business owners who are not in compliance with the arcane provisions of the Zoning Resolution governing the City’s awnings.  The regulations have remained largely unchanged since 1962, when shopkeepers rarely hung awnings.  Today, awnings dot the City’s streetscape and serve to attract customers to small businesses, the backbone of the City’s economy.  Few awnings, however, are in compliance with City regulations. 

“It is time to bring these out-of-date and overly restrictive zoning regulations into the 21st Century.  I have directed the Department of City Planning to examine the issue and develop new regulations that reflect a balance between the advertising needs of small businesses and the aesthetic concerns of the local communities.  I am confident that the result will be a common sense approach that will allow small businesses to flourish, while dramatically improving compliance without creating a visually cluttered streetscape.

“In the meantime, immediate action is required.  Intro. 305-A provides small businesses with needed relief by imposing a six-month moratorium on penalties levied against awnings violations.  Regulations governing the public safety of awnings, of course, will continue to be enforced.  The moratorium is good public policy, particularly in light of the sluggish national economy.  Out-of-date regulations should not put corner stores and bodegas out-of-business.” 

Improving Recycling

 “The next bill before me (July 16) is Introductory Number 485-A, sponsored at my request by Council Member McMahon.  This bill will amend the City’s Administrative Code by temporarily reducing the frequency of the Department of Sanitation’s collection of designated recyclable materials from once a week collection to alternate week collection beginning this month.  In addition, this bill allows for the recycling of Plastic materials.  By collecting recyclables on an alternate week basis the savings to the City will be approximately $9 million dollars.

“Intro. 485-A also provides for an earlier return of the collection of glass recyclables beginning on April 1st, 2004. Prior to signing this bill, glass recycling was to be reinstituted by July 1st, 2004.  The bill also codifies the suspension of the collection of yard waste until June 30, 2004 and resumes the collection of Christmas trees. 

“This Administration is committed to environmental protection through a fiscally responsible recycling program.  While it is increasingly difficult in these fiscal times to balance the need for environmental conservation with other budgetary priorities confronting the City, we believe that Intro. 485-A reflects the appropriate balance.”

Tort Reform Legislation

“The last bill before me is Introductory Number 193, sponsored at my request by Council Members Liu, Addabbo, Reyna, Stewart, Gerson, Moskowitz, Gonzalez, Sears and the Public Advocate Gotbaum.  This legislation transfers liability from the City to the owners of real property for the owners’ failure to maintain sidewalks adjacent to their property in a reasonably safe condition.  However, the provisions of this bill imposing liability on the owners of the real property would not apply to one-, two- or three- family homes that are owner occupied and used exclusively for residential purposes.

“New York City has 12,750 miles of sidewalks.  Laid end to end they would stretch halfway around the world.  It would cost the City billions of dollars to hire sidewalk repair crews to repair all sidewalk defects and keep the sidewalks perfectly free of defects.  Under current law, property owners are required to keep their sidewalks in good repair and free of snow and ice.  However, if they fail to comply with this statutory duty and someone is injured as a result, they don’t get sued, the City does.  This legislation transfers liability for sidewalk accidents from the City to the property owners who already have the duty to keep the sidewalks in good repair.

“In the past three years, the City has paid over $189 million in judgments as a result of actions brought for damages caused by sidewalk defects and falls on snow and ice.  Such suits are the most common type of litigation brought against the City.  For over twenty years the City has been trying to change this law, today we are finally successful.  This legislation will save the City up to $40 million a year and help us weather our fiscal crisis.  I would like to thank Corporation Counsel, Michael Cardozo, and the City Council, for their leadership on this historic piece of legislation.  This bill will not only save the City millions of dollars but will also encourage property owners to keep the sidewalks in good repair, which will mean safer sidewalks and fewer injuries.

“Part of what makes the City an inviting target for tort lawyers is the fact that the City has ‘deep pockets’— it has the ability to satisfy the judgments obtained against it.  Much of the opposition to tort reform can be attributed to a concern that others may not have such ‘deep pockets.’  The City should not be liable for another person’s negligence.  However, to assure that our citizens who are injured as a result of defective sidewalks will in fact be appropriately compensated, I am also signing another bill that is before me today, Introductory Number 522, sponsored at my request by Council Members Liu, Gonzalez, Reyna and Sears. 

“This bill will require property owners, other than the City, certain governmental entities and owners of one-, two-or three family homes, to have a policy of personal injury and property damage liability insurance to cover their liability for sidewalk accidents.  The City will not be liable for the failure of an owner to maintain such insurance.

“Most property owners already have liability insurance.  On the slim chance that a property is not covered by insurance, this bill also authorizes the City Comptroller, after consultation with the Corporation Counsel, to make payments for uncompensated medical expenses to persons who are injured in sidewalk accidents and who obtained a judgment against a property owner, but were unable to collect on the judgment because the property owner had no liability insurance and other assets.  These payments for uncompensated medical expenses would be made in the discretion of the Comptroller, but would be subject to limits with respect to any particular judgment or any particular fiscal year.  In this way, Introductory Numbers 193 and 522 strike a reasonable and compassionate balance between the principle that the City should not be liable for the wrongs of another and the principle that persons injured by the wrongs of another should receive compensation.  I hope that the passage of both bills will serve as a catalyst for tort reform in Albany.”