February 2023 Bulletin to Property Owners

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February 2023 Bulletin to Property Owners

Dear Property Owners,

The Department of Housing Preservation and Development (HPD) periodically provides updates on new legislation and information on available materials and resources to residential building owners to support compliance with the New York City Housing Maintenance Code, the New York State Multiple Dwelling Law and other relevant city codes. To translate this webpage, click on the translate button in the header above.

This publication is intended for informational purposes only and is not intended as legal advice. This information is not a complete or final statement of all the duties of owners and tenants regarding laws and rules relating to housing in New York City.

Annual Bedbug Report Registration

Violations are being issued starting March 2023 for failure to file the Annual Bed Bug Report.

Owners of multiple dwelling(s) are required to file the Annual Bed Bug Report with the New York City Department of Housing Preservation and Development (HPD) between December 1st and December 31st and provide information covering the previous year from November 1st through October 31st. To find out what information needs to be provided, visit HPD’s webpage or view our October 2021 bulletin. This filing deadline has passed but you can still file to comply before a violation is issued.

To comply with this requirement please file the report using the link above. You do not need to send in a separate certification document – the violation will be dismissed automatically once you file the report.

Alternative Enforcement Program (AEP)

HPD has selected 250 severely distressed multiple dwellings for participation in the Alternative Enforcement Program (AEP). Selection criteria include the number of class "B" hazardous and class "C" immediately hazardous Housing Maintenance Code violations and the amount of emergency repair charges incurred as a result of the work performed by HPD. Failure to correct the qualifying conditions may result in emergency repair charges, liens, and significant fees. Being selected for this program subjects the building to frequent inspections, the issuance of Orders to Correct which require system replacements and significant fees. Keeping your violation record accurate and correcting Class C violations will keep your building from being selected for this program. If your building has been selected for this program, please contact the AEP at 212-863-8262.

Construction

When engaging in construction and renovation in a residential building, property owners have legal obligations to ensure that:

  • proper applications are filed, and permits obtained from the Department of Buildings (DOB)
  • the required means of egress, existing structural elements, fire protection devices are maintained at all times during construction operations
  • tenants receive proper notice, in addition to making sure that proper permits are obtained from the Department of Buildings
  • in buildings built prior to 1978, federal law requires that proper safe work practices are used whenever painted surfaces not already known to be free of lead-based paint are disturbed. NYC City’s Local Law 1 of 2004 layers in additional safe work practice requirements if a child under 6 years old routinely spends 10 or more hours a week in a dwelling unit of the building built prior to 1960 or where the owner of building built between 1960 and 1978 knows there is lead-based paint in the building.

Filing applications and permits

Owners with questions about whether a particular type of work requires a DOB permit should consult DOBs website, or consult with a New York State licensed professional engineer (PE) or registered architect (RA). Owners and their contractors are also encouraged to familiarize themselves with DOB’s online application portal, DOB NOW, at DOB NOW Public Portal (nyc.gov). If fire protection and/or life safety system will be compromised during planned asbestos abatement, the owner must file a Work Place Safety Plan with DEP and obtain an A-TRU permit (Asbestos Technical Review Unit jointly operated by DEP/DOB).

Fire Safety during Construction

Owners must ensure that required means of egress, existing structural elements, and fire protection devices are maintained at all times during construction operations. When plans are filed and permits issued, contractors should be aware of these requirements. This means that during construction:

  • Required means of egress shall not be obstructed or compromised in any way, including by construction debris, new materials or work equipment.
  • Fire rated material that protects adjoining occupied apartment(s) cannot be removed without replacement during non-work hours. 2022 Building Code §601.1 through 603.1.3 define the requirements of fire rated materials for the different types of residential structures.
  • Fire Protection Systems (Ex. Standpipes, sprinkler systems, alarms etc.) cannot be removed or compromised, except in accordance with the requirements of the New York City Fire Code.

DOB and HPD may issue violations for failures to ensure fire safety during construction. If egress is compromised, fire rated material is missing or fire protection systems are not functioning properly and tenants are left at risk, in addition to the issuance of the violations, the agencies may order the owner to provide a fire guard (a person holding a certificate of fitness for such purpose, who is trained in and responsible for maintaining a fire watch) unless the condition can be remedied immediately. Violations can range from $500 - $10000 and fire guards generally cost about $750-$1250 for each 24-hour period required.

Notices

Notices to tenants must be provided if essential services are being taken out of service for more than two hours. Property owners of a multiple dwelling are required to distribute and post a Safe Construction Bill of Rights notice (specifics on the posting are in the law) contemporaneously with an application for a permit for work not constituting minor alterations or ordinary repairs, contemporaneously with the owner’s notification to the department that an emergency work permit is being sought, or, for new buildings, immediately upon application for a temporary certificate of occupancy. More information about both of these notices can be found at Required Signage. The owner must also distribute a Tenant Protection Plan meeting the requirements of section 120.1.3 of the New York City Administrative Code regarding the tenant protection plan to each occupied dwelling unit and post such notice. The notice shall remain posted until the completion of the described permitted work. The notice shall be posted in English and also made available in Spanish, Arabic, Haitian Creole, Chinese, Korean, and Russian, as necessary.

Safe Work Practice

Contractors are required to affirm their compliance with safe work practices on all permit applications wherever work disturbs painted surfaces of positive or unknown lead-content in buildings built prior to 1978. The work must comply with §27-2056.11 of the Administrative Code and, where applicable, subpart E or subpart L of part 745 of title 40 of the code of federal regulations. Where applicable, the firm performing the work also has to file with the NYC Department of Health and Mental Hygiene (DOHMH) a Notice of Commencement required by §27-2056.11(a)(2). Complaints about construction work disturbing painted surfaces and created dust may be inspected by the DOB or DOHMH and may result in fines of up to $2,000. More information about Safe Work Practices related to lead-based paint can be found at Lead-Based Paint.

Rats and Residential Building Owners

Control of rats requires property owners to be aware of the presence of rats and about how to prevent rats from infesting your property. The New York City Department of Health and Mental Hygiene (DOHMH) both provides resources to assist owners with prevention and inspects private and public properties for rats. A property will fail a DOHMH inspection if any of the following signs are found:

  • Live rats
  • Rat droppings
  • Burrows (places where rats live)
  • Gnaw marks from rats’ teeth
  • Tracks or runways, such as rub marks or flattened paths outside burrows
  • Excessive garbage or clutter that give rats a place to hide

Property owners who fail a DOHMH inspection will receive a Commissioner’s Order and a copy of the inspection report in the mail. Owners will have five days to correct the problem. If the property fails a second inspection, the owner may receive a Notice of Violation, which could result in fines. Depending on the severity of the problem, DOHMH may exterminate or clean up the property and bill the owner.

Violations can also be issued by the Department of Housing Preservation and the Department of Sanitation for rats or conditions conducive to rat activity; these violations have their own timelines for correction and associated penalties.

Preventing Rats on Your Property provides some helpful tips and resources for finding a professional to assist with rat mitigation. The Health Department’s Rat Academy also offers FREE trainings on using Integrated Pest Management practices to safely prevent and manage rats. Training is offered to building superintendents and staff, homeowners, tenants, property managers, and others. To sponsor a Rat Academy training, access the Rat Information Portal, or to find a training near you, visit nyc.gov/rats or email ratportal@health.nyc.gov.