Additional Increases in Construction-Related Violations Coming Soon
In addition to 18 new regulations announced this Summer, the City Council’s Committee on Housing and Buildings just passed additional construction and fine-related regulations and increases last night. These proposed Local Laws are on their way through the Council and to the Mayor’s Desk, so we wanted to share some of the key points as they currently stand.
1437-A: Increased Civil Penalties for Sites with “Excessive Violations”
- Violations “issued to a person who has an existing immediately hazardous or major violation with respect to the construction site for which the violation is being issued,” occurring at a site that exceeds the new violation threshold ratio will be subject to “at least twice the civil penalty that would be imposed”
- There are some exceptions, including sites that are subject to an in rem foreclosure judgment in favor of the city and were transferred to a third party, sites that are subject to a court-appointed administrator pursuant to 7-A in an HPD proceeding, and sites subject to a loan provided by or through HPD or NYCHDC for the purpose of rehabilitation
- The violation threshold ratio will be measured for three different groups: “major building sites,” one-, two-, or three-family buildings, and buildings that are neither of the above. In each group, the threshold violation ratio is the ninetieth percentile of violation ratios (see below) in NYC as of December 31 of the immediately preceding calendar year.
- The violation ratio, as suggested by the Council, is comprised of the following: the number of immediately hazardous (Class 1) and major (Class 2) violations issued against such construction site in the preceding 12 months, minus any violations that were dismissed or currently in the appeals process, divided by the square footage of the site
- The law also provides for an alternative violation ratio, established by the DOB based on whatever they determine is appropriate for measuring immediately hazardous violations, major violations, and unsafe conditions – this specific rule must go into effect on or after January 1, 2020
- This Local Law goes into effect on June 1, 2018, except that the DOB Commissioner may take actions necessary for implementation (promulgating rules) before such effective date.
- Check out the latest news regarding this proposed law here
1404-A: Increase in Civil Penalty Minimums for Site Safety & Construction Violations
- Minimum civil penalties for immediately hazardous (Class 1) and major (Class 2) violations related to Article 110 (Site Safety Plan) & Chapter 33 of the NYC Building Code will increase to $2,000 and $1,000, respectively.
- This is separate from and in addition to any daily assessed penalties
Stay tuned for updates on these forthcoming Local Laws, and sign up for our next SiteCompli webinar reviewing the newest regulations, including the above.