Proposed rules were just released for a new HPD heat sensor program, referenced in several recent laws.
Here’s a rundown of what the program will likely look like (barring any major changes) starting July 1, 2024.
A Brief Heat Sensor Program History
Local Law 18 of 2020 laid out a requirement for HPD to monitor 50 select buildings via internet-connected heat sensor devices in an effort to “promote compliance with the City’s minimum heating requirements.” A few years later, the council passed Local Law 70 of 2023, which added a number of amendments and requirements to the proposed program. That brings us to March 2024, where the proposed rules await a hearing date on March 24th, and final confirmation afterwards.
As with all NYC public comment and reviews, it’s possible that some of the below may change as the rule progresses from proposed to accepted. We’ll keep you posted on any modifications. Until then, below are details on what you can expect from the heat sensor program.
Heat Sensor Program Rundown
No later than July 1, 2024, and every year thereafter (a change from two years), the department will select 50 Class A multiple dwellings “for installation by the owner of one Internet Capable Temperature Reporting Device in each dwelling unit in the selected multiple dwelling.” Here’s how buildings will be selected each year:
- The multiple dwelling was issued violations of administrative code 27-2029(a) or 27-2028 for each of the past two heat seasons; and
- The multiple dwelling has been the subject of a heat-related complaint from two or more distinct dwelling units in each of the last two heat seasons as set forth in these rules
As a reminder, those codes reflect requirements for central heat, gas, or electric systems (as required) and minimum temperatures.
If your property is selected for inclusion, here’s what you’ll have to do:
- Owners must provide a notice to all residents at the property regarding the installation of devices, instructions on accessing device information, rights to refuse, and the right to request installation in a specific location within the dwelling in accordance with the rules
- The notice must be provided before August 1st, and posted in the common area within 15 days of notification of selection by the city
- Owners must then install one device in “one living room of the tenant’s choice” in each dwelling unit, except:
- Those units in which a tenant provides written refusal of installation of such device, or
- Those units to which the owner is unable, after documented reasonable efforts, to obtain access to install such device
- Owners in the program must submit data collected from the devices to HPD at least once during each 30-day period during the heat season for the entire period the property is in the program
- Will not apply to residents that have opted out and the owner has submitted an affidavit indicating that all efforts were made to obtain approval from the tenant for installation
- HPD will conduct inspections at least twice a month during heat season for each selected property – even if there are no complaints
- Inspectors will confirm that devices are installed as appropriate
- They may discontinue inspections provided there are no specific open violations as of January 31st, and no specific violations issued since October 1st
- Owners will be subject to fees of $200/inspection for each inspection conducted after January 31st for the remainder of such heat season
Program Discharge
Owners can apply to be discharged from the program in less than four years (or even sooner) if certain conditions have been met:
- Properties may be discharged at the end of heat season, provided that the owner of such multiple dwelling:
- Has complied with the program requirements
- Has not been issued a notice of violation of administrative code section 27-2028 or subdivision a of administrative code section 27-2029 during such heat season
- Has supplied all requested records required required to be maintained
- Is currently registered with the department
If owners have not complied with certain requirements in the rule, but are otherwise eligible for discharge, properties may be discharged upon payment of a $500 penalty for each related violation.
If violations are still pending and a property is no longer in the program, owners may resolve such violations by paying $500 for each infraction, provided that “the owner can demonstrate either that no heat violations were issued during at least one complete heat season or that Internet Capable Temperature Reporting Devices were installed in accordance with [the rules]…”
What’s Next?
The hearing for this proposed rule will take place on March 28th. You can find out more about sharing comments or attending the hearing here, on the city’s site.
It’ll be at least a few weeks after the hearing until we get news about any updates before the rule is finalized. We’ll let you know if anything changes, and what you should expect before the summer.
Related Articles
About the Author
