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.
- 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
- 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
- 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
- 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
- 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
- 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.
About the Author
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.