New Housing & Construction Laws Round Out 2017 Changes

This year we’ve blogged (and webinar-ed) about several new laws impacting NYC owners and managers. There’s new construction regulations, ECB violation thresholds, a proposed DOB-ECB penalty schedule change, and a new State requirement for condos and co-ops.

And that’s not all – on December 19th, the City Council passed a number of new housing and real estate regulations that will go into effect next year. We’ve rounded up some of the key rules here for your review.

Click on a particular piece of legislation to learn more about that specific rule, including effective dates and a link to documentation for that law.

INT 1009-2015: HPD Owner Database

  • HPD will be required to create an interface to report on property owner information, including all registered properties for said owner, outstanding violations for each property, harassment filings on record, and the number and types of departmental orders pending on each property
  • This information will be accessible to the public, with aggregate information provided to the Public Advocate
  • This includes rent-regulated buildings, buildings in HPD programs, buildings subject to regulatory preservation agreements, buildings with affordable units created via a city program, and more

Check out the city’s documentation on this new regulation

Goes into Effect
270 days after signing, except HPD commissioner may promulgate rules or take other actions for implementation prior to its effective date.

INT 0385-2014: Owner Responsibilities for Allergen Hazards

  • The existence of an indoor allergen hazard in any dwelling unit in an MDR is hereby declared to constitute a condition dangerous to health. Owners must take reasonable measures to prevent reasonably foreseeable occurrence of these conditions, including required annual inspections at a minimum
  • All leases must include a department-approved notice advising tenants of owner obligations for allergen hazards (stay tuned for an update from HPD here)
  • Mold, pest, and other violation specifications are outlined as part of this new rule

Read the city’s new law on allergen and pest-related violations here

Goes into Effect
One year after signing, except HPD commissioner may promulgate rules or take other actions for implementation.

INT 1039-2015: HPD Vacant Building Report

  • HPD (in conjunction with other agencies) will provide a list of vacant city-owned buildings or lots that may be suitable for affordable housing
  • This will also include buildings or lots in the city owned by federal or state governments, authorities, or other instrumentalities

Read the final rule to see details on the Vacant Building List

Goes into Effect

INT 1036-2015: Vacant Property Census

  • The city will conduct an annual census of vacant properties (buildings and lots)
  • Each city department tied to housing (HPD, FDNY, DEP, DOB, DSNY, among others) shall provide records for properties in order to determine their vacant status. The final list compiled will include ownership information and records

Read the final rule to see details on the Vacant Census

Goes into Effect
First census initiated within 90 days of signing, to be completed within 180 thereafter

INT 0944-2015: Notice for Proposed Excavation or Drilling

  • Whenever excavation or drilling is proposed past a depth greater than 50 feet, the DEP must get 30 business days notice prior to commencement
  • Within 10 business days of receipt of notice, the DEP will notify the owner whether or not the drilling is in close proximity to critical infrastructure
  • If the drilling is in close proximity, the owner or contractor shall obtain a DEP permit prior to commencement

Read the Final Rule to see DEP drilling and permitting requirements

Goes into Effect
180 days after signing.

INT 1419-2017: Penalties for Construction Site Safety Violations

  • The minimum civil penalty (separate from ECB-related fines) where such violation is accompanied by or results in fatality or serious physical injury shall be $500,000 and the maximum shall be $1,500,000, in addition to a separate daily penalty of not more than $2,000.
  • The rule also establishes minimum and/or maximum penalties for immediately hazardous, major, and lesser violations. These align with the proposed updated penalty schedule from the DOB.

Read the Final Rule Here to see details on serious construction-related penalties

Goes into Effect
120 days after signing, except DOB commissioner may promulgate rules or take other actions for implementation.

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About the Author

Kristen Hariton

Kristen Hariton is the Vice President, Product Engagement at SiteCompli, focused on exploring new solutions and innovations in property operations tech. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.

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