With a new year & council session comes a fresh batch of updates from city lawmakers. Here’s our roundup of NYC Council proposed bills for property owners & managers from the latest council meeting, and what to expect next.

Focus On Fire Safety

There are four proposed bills (so far) during this council session that focus on fire safety and fire-adjacent regulations:

Resident Education & Outreach For Vacate Orders

Link to the proposed bill here.

This proposal from the city council would require HPD (in consultation with the FDNY) to educate residents on the process of issuing Vacate Orders following fires. Information would include the rights of occupancy and responsibilities of landlords in these situations. Written materials would be available in the top 10 languages most commonly spoken within the city. The law would take effect immediately upon passage.

Status: Referred to Committee (Housing and Buildings)

FDNY To Provide HPD and DOB Training

Link to the proposed bill here.

Another cross-departmental proposal has the FDNY training DOB and HPD inspectors to identify fire hazards each year. Inspectors would have to notify owners and residents of the same hazards, and reports would be made with the resulting inspection data.

Potential hazards include, but aren’t limited to:

• hanging wires
• appliances
• battery-charged vehicles or devices
• flammable materials
• liquids
• debris
• building defects
• inaccessible exits and fire escapes

Battery-charged vehicles or devices being on the list is particularly notable, given the recent focus on battery safety in FDNY bulletins and materials.

The above items could result in potential violations, either from the inspectors or via referral to the FDNY. Violations would be included in the required deport to the Mayor and Council about the effectiveness of this new rule. The rule would take effect about 6 months after it becomes law.

Status: Referred to Committee (Fire and Emergency Management)

Amend Qualifications For Smoke Systems Testing And Maintenance

Link to the proposed bill here. 

This bill aligns the qualifications for periodic inspection, testing, and maintenance requirements for fire and smoke dampers and smoke control systems with the NFPA standards. It also outlines inspector qualifications, inspection and testing processes, and reporting procedures.

The proposed language is extensive, with separate sections for inspections, testing, and maintenance. Off the bat, requirements are outlined for inspecting smoke barriers and partitions at a minimum one year after installation, and with a “4-year frequency thereafter.” Proof of inspection would have to be submitted to the department by the landlord of each property, and Certificates of Compliance would be issued for dampers in good working condition. Similar inspections would be required for fire walls, barriers, and partitions, and smoke control systems.

The bill would become effective about 4 months after becoming law.

Status: Referred to Committee (Fire and Emergency Management)

Notice of Fires To Key Officials

Link to the proposed bill here. 

The Fire Commissioner would be required to provide notice to Community Boards, borough presidents, and council members about fires in their district within 6 hours of knowledge of the fire. Information would include:

• Initial alarm level
• Highest alarm level
• Type of structure impacted
• Address of the location of the fire

The bill doesn’t give a strict requirement for how groups are notified, but does say the Commissioner should solicit their preferences (text messages, phone calls, emails, or a combination).

The bill would be effective 90 days after becoming law.

Status: Referred to Committee (Fire and Emergency Management)

Even More Potential Sanitation Updates

Two Separate Proposals For Sanitation Violation Photos

There are two separate proposals for requiring photos with Sanitation violations. Here’s the scoop on both of them:

0102-2024

Link to the proposed bill here.

This bill gives a set of requirements, stating that violations shall “be accompanied by a photograph or photographs evidencing the alleged violation,” and then some. The photo must include “an unalterable record of the date and time taken, and the name of the individual who took the photograph. Each such notice of violation shall be accompanied by an affidavit from the issuing agent containing the date, time and precise location where the photograph was taken, and the name of the individual who took the photograph.”

This bill has 10 council member sponsors.

0048-2024

Link to the proposed bill here.

This proposed bill has less detailed requirements, stating that any NOVs shall “contain a photograph evidencing the alleged violation, where feasible.” It’s sponsored by four council members.

Both bills are currently in committee (Sanitation and Solid Waste Management), and would go into effect 90 days after passage.

Enforcement photos aren’t the only focus for Sanitation. Here are more proposed new laws from the latest council session:

DSNY Enforcement Routing

Link to the proposed bill here.

A new bill would adjust DSNY’s enforcement routing program, allowing businesses to receive fines for sidewalk cleanliness during their hours of operation (if posted in plain view & generally open to the public). Other commercial premises would be liable for littering fines from 8 AM – 7 PM. Residential premises (properties used predominantly for residential purposes other than hotels) would still have the two one-hour predetermined periods (8 AM – 9 AM and 6 PM – 7 PM) for similar NOVs. This law would go into effect 120 days after passage.

Status: Referred to Committee (Sanitation and Solid Waste Management)

New “Sanitation Sections”

Link to the proposed bill here.

Another newly proposed bill would create three or more subdivisions within each Sanitation District (a new “Sanitation Section”). From there, a sample of streets within each Section would be assessed twice a month and graded in terms of cleanliness. Think restaurant grades, but applicable to entire neighborhoods. Grades would be published each quarter, and would also inform where the DSNY should direct resources.

Status: Referred to Committee (Sanitation and Solid Waste Management)

Proposed Penalty Increases – Two Bills

There’s another set of bills regarding Sanitation penalty increases:

Int 0057-2024

Link to the proposed bill here.

Another proposed bill would increase penalties for failure to store waste in a satisfactory manner (in required receptacles) and outside the allowed time periods. Penalties would vary based on building size and violation history, but max out at $3,500 for buildings with at least 51 units and at least 15 violations in a 12-month period.

Here’s the new proposed penalty table:

Number of Units	1 – 5 Violations	6 – 10 Violations	11 – 15 Violations	16+ Violations
5 units or less	$100	$150	$200	$250
6 – 15	$500	$550	$600	$650
16 – 20	$1,000	$1,500	$2,000	$2,500
21 – 50	$1,500	$2,000	$2,500	$3,000
51 or more	$2,000	$2,500	$3,000	$3,500

This could significantly increase some Sanitation penalties from current amounts. If passed, the bill would go into effect 60 days after becoming law.

Int 0097-2024

Link to the proposed bill here.

The second proposed bill sets a civil penalty against commercial, manufacturing, or industrial buildings for sidewalk littering and obstruction, with increasing fines from $200 – $600 for each infraction committed within a 12-month period.

Both were referred to Committee (Sanitation and Solid Waste Management)

Proposed Temporary Local Law 97 Exemption

Link to the proposed bill here.

Finally, a proposal to temporarily exempt specific covered buildings from Local Law 97 was put forward. Condos, cooperatives, and apartment buildings would be exempt from requirements for 2024 and 2025, with the Office of Building Energy and Emissions Performance reporting on the projected financial impact of compliance for these properties from 2026 – 2034. The bill currently has two sponsors, and (as a reminder) is still in the proposed state. While we’d be surprised if there were significant changes to Local Law 97 this year, it’s worth tracking this and any other similar proposals.

Status: Referred to Committee (Housing and Buildings).

Committees referenced in the above proposals may not meet again for several weeks – some are even scheduled after the next Council meeting on February 28th. That said, we’ll keep you posted on any progress (and any new ones) as bills go through the legal process.