Clarifying Rules – Civil Penalty Increases
Local Laws 156 and 158 set both increased and enhanced penalties for Work Without a Permit violations. As a reminder, penalties for most buildings (buildings that aren’t 1 or 2-family homes) now have civil penalties of 21 times the current fee or $6,000 – whichever is greater (maxing out at $15,000). Penalties can be reduced proportionally when only part of the work has been performed without a permit. That said, the floor is still $6,000.
Working with an expired permit or without an after-hours variance is the same: $6,000. Additionally, removing illegal work is also $6,000 – even if the removal itself doesn’t require a permit. The penalty remains the same for applicants seeking permits for “unpermitted” work that was already performed (before any violations were issued).
Here’s what’s brand new: within one year after a work without a permit penalty is imposed (against either a building or part of the building), the civil penalty for any subsequent violation related to work without a permit on the building/part of the building is 2 times the penalty that would otherwise apply – not to exceed the maximum allowable penalty.
While the new rules and amounts were set by the city council, the rule process still allows for a comment and adjustment period: click here to get more information about how to comment before November 26th.
DOB-OATH Penalty Changes and NEW Fines
A newly adopted penalty sheet shows updates for current infractions as well as set fines for newer regulations:
New OATH-related charges for Work Without a Permit (in addition to the above civil penalties) appear, in addition to failure to notify penalties and a lower threshold for photo-luminescent lighting high-rise penalty. There are also reductions to many fine categories for several existing infractions. Check out Part 2 of the Penalty Sheet to see some of these lower thresholds.
Additionally, new Class 2 penalties have been assessed for newer regulations like failure to post a TPP or failure to post/distribute the Construction Bill of Rights. Fines range from $1,250 for first offenses to $10,000 for aggravated maximums. There are no mitigated penalties or stipulations available for either of these two code violations.
Several of the newer fine categories on the penalty sheet relate to construction and construction safety. Specifically, failure to maintain records, provide documentation, or notify the DOB when needed. Many of these are defined as Class 1 infractions, inviting extra administrative fines for failure to correct – namely, the $1500 AEUHAZ1 penalty. Most top out at $25,000.
These penalties were signed and put into effect on October 2nd of this year and will be reflected going forward. Click here to view the first sheet of new changes, and click here to see the second.
Doing interior renovations? Make sure you file noise plans with the DEP.
The DEP is adopting rules clarifying the noise mitigation plan filing requirement, and providing a list of techniques contractors and managers can use to quell noise during interior renovations.
In addition to posting noise mitigation plans, any sites undergoing construction (save short-term emergency work) must file these plans with the DEP. This includes NYC utility companies performing work, as well. Read the adopted rules for specific noise mitigation techniques, and make sure your contractors (and any contractors for your tenants) abide by them.
HPD 3: Avoid the Speculation Watch List, Understand Proposed Allergen Rules, and See Stove Knob Cover Updates
- Do you have rent-regulated units? HPD’s Speculation Watch List is designed to curb tenant harassment and may include ~150 NYC buildings per year. Learn more about the rule (and see the Watch List properties) here, and understand how it would impact your buildings.
- HPD recently held a hearing on their stove knob cover notification rules – that means final, promulgated rules should be coming out very shortly. Stay tuned for more on this recent requirement, coming into effect this January! And if you have questions about how to handle this for your buildings, reach out to our team! Support@sitecompli.com can help make sure you’re ready for mailings season & the upcoming changes.
- HPD is proposing new rules for indoor allergen hazards – specifically, how owners will be responsible to investigate and remediate conditions from mold, cockroaches, rodents, and more. Read the proposed rule here, and find out how you can attend the public hearing on November 2nd.