Your monthly NYC City Council roundup for property owners and managers – July 2024 edition – is here!

Read on for news from the latest city council hearings, potential new laws, and agency updates.

DOB Updates

Before we check in with the Council, here’s a reminder on recent DOB violation news:

• Violations for failure to file and/or correct elevator inspections in the 2023 cycle are coming this August. Get the full rundown here in our blog post.
• The DOB is waiving penalties for specific filings due between July 19 – 21. Learn more in our latest update.

Committee on Housing and Buildings

The last Committee on Housing & Buildings meeting was June 25th, where a number of updates regarding facades and sidewalk sheds were reviewed. We covered the details in last month’s update, here. 

The next meeting on the calendar is scheduled for October 8th. Of course, the committee may schedule additional meetings between now and then – we’ll keep you posted in our regular updates.

For now, here are details on two major items that appear on the October agenda – subject to change:

Proposed – Amendments to Periodic Gas Piping Inspections (Local Law 152)

A bill has been introduced to amend current gas piping inspection requirements, among other related updates:

• The proposed bill strikes language regarding buildings that contain no piping and are not serviced, and replaces it with language like “As part of the inspection, if it is determined…” It could just be semantics – buildings without gas piping currently receive certifications in lieu of inspections. Buildings that have gas piping systems but do not receive service have a separate process. That said, this change could be a reshaping of the requirement, streamlining everything under inspections instead of three different paths. We’re looking forward to seeing how plumbing experts interpret this potential update, especially if it comes to pass.
• Language has been added for inspector requirements, outlining that people working under a LMP (licensed master plumber) performing inspections must also hold a journeyman plumber registration.
• Pretty significant changes have been made to the inspection scope, which could have an impact on which areas are accessed and reviewed during periodic LL 152 inspections. We’ll dive into this further if and when the bill moves forward.
• Another potentially big change is the definition of ordinary plumbing work to include “the replacement of household gas appliances, and other revisions.”
• The Plumbing and Fire Suppression License Board would be reinstated, and provisions for work without a permit during emergency conditions would be included.
• The bill would also remove the exception of plumbing work from the definition of fire suppression piping work, and expand the Department of Buildings’ power to seize tools and vehicles when it suspects there is unlicensed or unregistered work occurring.
• Finally, the bill would amend the definition of piping systems to include appliance connections rather than the outlet of the shutoff valve.

There are no explicit changes here for inspection cadence or timing. Still, it’s a big bill packed with details and changes that could see huge impact. We likely won’t see updates until the fall based on the council’s schedule – stay tuned.

Proposed – Required Inspections for Steam Radiators

The second bill scheduled for October’s committee meeting focuses on required inspections for steam radiators in multiple dwellings.

Specifically, the bill would require inspections in apartments where “a child under the age of 6 resides,” and in the common areas of the buildings where such apartments are located. Additionally, inspections would also be required if owner knows or has reason to know about a potential defect or damage of the radiator. Inspections would be conducted by LMPs or someone under the supervision of LMPs, and owners would have to provide inspection reports, repairs, and replacements

The most interesting aspect of this proposed rule is the connection to annual safety notice mailings. The proposed law explicitly references annual safety notice timing and structure for determining age of occupants (makes sense, given that the same question is already included for lead-related inspections). Similar to DOHMH letters, owners would have to file records with the department by March 1st stating that all inspections were completed within the previous calendar year and required actions were taken.  Owners would be liable for civil penalties ranging from $500 to $1,000 depending on the specific infraction.

The bill goes into effect immediately on passage, which may upend the 2025 mailings cycle if it’s passed in October. That said, we’ll continue to track this and ensure your team has all the information you need to comply – if and when this goes into effect.

June 30th Council Meeting

Approved – DOF Code Additions

At the June 30th meeting, the council approved a new section of the Administrative Code focused on enforcement of property tax collection and preservation of housing. The language is extensive, but there is a helpful article on Bisnow reviewing key portions of the approved bill.

As it relates to compliance, the new bill requires HPD to inspect and do outreach for specific properties. Here are the buildings that would be impacted:

• Not less than ninety days preceding the date of sale of a tax lien or tax liens, the commissioner of finance shall compile a list that includes any property that:
  • (i) has been included in the notice of sale required pursuant to subdivision a of this section at least two times in the preceding four notices of sale published pursuant to such subdivision a; and
  • (ii) is a multiple dwelling classified as class two, as such class of property is defined in subdivision one of section eighteen hundred two of the real property tax law; and
  • (iii) is subject to a tax lien or tax liens resulting from the nonpayment of taxes against the owner of such property with a cumulative lien or liens to value ratio, as determined by the commissioner of finance, equal to or greater than fifteen percent.

The DOF would provide this list to HPD, who would inspect the property for violations. The property would not be inspected if inspections have already occurred in the past year related to “enhanced enforcement programs,” including the heat sensor program, self closing doors, commissioner orders, Article 7-A, the AEP (Alternative Enforcement Program) or similar.

HPD would also provide the Housing Guide to residents during the inspection, and submit inspection reporting metrics to the Council Speaker.

July 18th Council Meeting

Proposed – Summertime Temperature Requirements

Owners and managers who need to comply with “Heat Season” would also be required to adhere to summertime temperature requirements under this proposed bill.

The new proposal defines minimum requirements from June 15 – September 15 annually, with a maximum indoor temperature of 78 degrees when the outdoor air temperature is 82 degrees or higher. Additionally, owners that did not have “central cooling” would be required to install cooling systems within residential units. Inspections would have to be done no later than 30 days before June 15th to confirm the cooling systems are capable of maintaining the specified temperatures before the season begins.

These requirements would be in place four years after the bill’s effective date, giving owners some time to comply. There would be enforcement and penalties associated with noncompliance, and extensions for undue hardship. Reports would also have to be submitted annually regarding compliance (including installations, inspections, etc).

Proposed – NYPD Procedure for Lockouts

Another proposed bill focused on requiring the NYPD to create a procedure for dwellings where tenants have been illegally locked out. You can read more about what would be included in the process here, in the proposed rule. 

Big potential changes, but the key word is potential. We’ll keep track of these, and let you know as soon as any of these are approved, if things change, or if new regulations pop up.