List of 200 buildings
identified for Fiscal Year 2010
List of 200 buildings
identified for Fiscal Year 2009
List of 200 buildings identified
for Fiscal Year 2008
Alternative Enforcement
Program City Council Report 2008 Round 1
Alternative Enforcement
Program City Council Report 2008 Round 2
HPD is required to provide annually on/about February 15th of each year a summary report to the City Council listing all buildings which have been identified for the Alternative Enforcement Program. The report is also required to be posted on HPD’s website.
FAQ: Frequently Asked Questions
What is the Alternative Enforcement Program?
Local Law No. 29 of 2007, passed by the New York City Council and signed into law by Mayor Michael R. Bloomberg, created the Alternative Enforcement Program (“AEP”). This Law will go into effect on November 11, 2007. The AEP is an additional enforcement mechanism that the Department of Housing Preservation and Development (“HPD”) will use to enforce the correction of housing maintenance conditions in distressed multiple dwellings. The AEP will provide HPD with the ability to identify multiple dwellings that are not properly maintained and ensure that violations and the conditions that caused the violations are corrected. Using criteria set forth in the statute, each year HPD will designate 200 different multiple dwellings for participation in the AEP.
What are the criteria that HPD will use to identify distressed buildings that will be selected for participation in AEP?
The criteria for identifying the multiple dwellings that will participate in the AEP are set forth in the law and include the number of class “B” hazardous and class “C” immediately hazardous violations issued by HPD as well as the amount of emergency repair charges incurred by HPD.
Is participation optional?
No. Each year, the 200 multiple dwellings that meet the criteria and that have the highest number of open class “B” hazardous and “C” immediately hazardous violations for every dwelling unit will be identified for AEP participation.
Can private dwellings (one and two family) be entered into the AEP?
No. Only multiple dwellings (three family or more) meeting the statutory criteria will be identified for participation in AEP.
Will owners be notified of their building being entered into the AEP?
Yes. The last validly registered owner and managing agent of multiple dwellings that are identifi ed for participation will be provided with notice of participation and information on how to be discharged within the first four months.
What must owners do in order to have their multiple dwelling discharged from the AEP within the fi rst four months?
In order for a multiple dwelling identified for participation in AEP to be discharged from AEP, the owner must within the first four months of receipt of the initial HPD notice apply for an AEP Dismissal Request Inspection and:
• Correct 100% of violations directly related to providing heat and hot water.
• Correct a minimum of 80% of class “B” (hazardous) and “C” (immediately hazardous) violations.
• Pay all outstanding charges, including liens, for emergency repair work performed by HPD. Payment should be made to the Department of Finance.
• Submit a current and valid property registration statement (required to apply for the AEP Dismissal Request Inspection).
What will happen if the multiple dwelling is not discharged within the first four months?
Multiple dwellings that are not discharged within the first four months of the initial HPD notice will be subject to building-wide inspections, fees, and extensive repair work to correct violations and underlying conditions. Repairs for buildings in the AEP may include replacement of systems such as the domestic water supply, heating plant and roof. These are repairs which may be necessary to correct underlying conditions. An AEP Order to Correct describing needed repair work will be fi led with the County Clerk. The criteria for discharge are more extensive for discharge after the first four months of receipt of the HPD initial notice.
What must owners do in order to have their multiple dwelling discharged from the AEP after the first four months of the HPD initial notice?
In order for a multiple dwelling to be discharged from the AEP after the first four months of the HPD initial notice the owner must:
• Correct 100% of violations directly related to providing heat and hot water.
• Correct a minimum of 80% of class “B” (hazardous) and “C” (immediately hazardous) violations.
• Correct all related underlying conditions detailed in the AEP Order to Correct.
• Pay all outstanding charges, including liens, for emergency repair work performed by HPD. Payment should be made to the Department of Finance.
• Pay all fees, including liens, for inspections and other action undertaken by HPD.
• Submit a current and valid property registration statement.
• Attend an HPD approved course of training relating to basic building operation and maintenance.
What is an AEP Order to Correct?
The AEP Order to Correct will be an Administrative Order that will list the underlying conditions that the owner must correct. The AEP Order to Correct will be mailed to the owner, posted at the building and filed with the County Clerk’s Office.
What will happen if the owner does not comply with the AEP Order to Correct and does not correct the underlying conditions?
HPD may hire a contractor to make the repairs and will bill the owner. Failure to pay the bill may result in a lien being placed against the property.
What are the HPD approved courses of training relating to basic building operation and maintenance that owners are required to participate in for discharge from AEP?
HPD’s Housing Education Program offers a training course required for discharge from AEP. The title of the course is Alternative Enforcement Compliance. This course is seven hours and costs $300. Owners of multiple dwellings that participate in AEP can contact the AEP office or HPD’s Housing Education Program for more information.
Will tenants be notified if their building is identified for participation in the AEP?
Yes. HPD will post a notice to all tenants notifying them of HPD’s identification of the property for participation in the AEP. Tenants will also be notified when the building is discharged.
What fees may HPD impose on multiple dwellings participating in the AEP?
Multiple dwellings that are selected to participate in the AEP and are not discharged within the fi rst four months of the initial notice may be subject to the following fees:
• $500 per dwelling unit every six months, beginning on the date of the building wide inspection, with a maximum total fee of $1,000 per dwelling unit during participation in the AEP.
• $200 for any complaint inspection performed in the subject property that results in the issuance of a class “B” (hazardous) or “C” (immediately hazardous) violation.
• $100 for each re-inspection pursuant to a certification of correction of violation(s) submitted to HPD where
HPD fi nds one or more violations have not been corrected.
• $300 for enrollment in a course of training relating to building operation and maintenance that must be paid prior to participation in the course. Failure to pay these fees may result in a lien or liens to be filed against the subject property pursuant to HMC §27-2153(q).
Will tenants be relocated while HPD is performing repairs?
No. HPD does not intend on relocating tenants while performing any necessary repair work.
How will the City get reimbursed for the cost of the repairs?
HPD will bill the owner for the cost of the repairs. Failure to pay may result in a lien or liens to be fi led against the property.
Who should tenants and owners of buildings in AEP contact with any AEP questions?
Tenants and owners should contact the community coordinator that is assigned to their building by calling the AEP office at (718) 802-4141.
Will an owner be discharged if he or she does not have the funds to complete the necessary repair work?
No. A claim of insuffi cient funds does not warrant discharge from the AEP.
Are there any programs that can help owners obtain the money to make the necessary repairs?
HPD has a variety of programs that offers eligible owners low-interest loans for moderate to major renovations of vacant or occupied smaller buildings. Owners who are interested in obtaining a loan may contact the Division of Neighborhood Preservation by calling (212) 863-6048.
What happens if the owner makes all of the repairs but is unable to pay the repair balance?
The multiple dwelling will remain in the AEP and may be subject to all applicable AEP fees.
How can owners avoid having their property selected for participation in AEP?
Avoid participation in AEP by properly maintaining your building, submitting a current and valid property registration to HPD, correcting and certifying all HPD violations and paying all emergency repair charges in a timely manner. In order to have overdue corrected violations removed from HPD records, you must request that HPD perform a Dismissal Request Inspection. For information on obtaining a Dismissal Request Inspection, please visit the HPD website at www.nyc.gov/hpd.
