Our incredible Customer Support team receives hundreds of questions each week about the very complicated NYC compliance laws and how they affect property owners and managers, buildings, and tenants. So we asked our Customer Support rockstars, Ashley and Matt, to provide us with the top frequestly asked questions (and answers!) that they have received recently.
Here are the top six questions:
I missed my ECB hearing and my violation’s status has defaulted. What do I do?
If the ECB hearing is unattended, it goes into default. The named respondent is automatically presumed to be in violation, and may face increased penalties (by as much as 5 times the amount of the face value fine) as a result.
However, you can reschedule a defaulted OATH/ECB hearing up to 60 days past the missed hearing date. If the violation has exceeded 60 days it does become harder to reschedule and OATH may not grant a rescheduling.
If you are unable to reschedule the hearing and need to clear the violation quickly, you may resolve it by paying the fine issued and submitting the proper Certificate of Correction form showing you’ve corrected the violation conditions.
I am not the named respondent. Am I responsible for this violation?
If the named respondent field doesn’t list a familiar name or entity name, then the violation is not your responsibility. However, the violation will remain on the building for 8 years until the fine is written off. It is important to note that if the violation is written-off, it is still considered open by the city.
Regardless of the named respondent, DOB-ECB and FDNY-ECB violations are tied to a specific building and it is in your best interest to monitor tenant and vendor violations if you’re responsible for the entirety of the building.
What are the Stove Knob requirements?
Owners of multiple dwellings must send out a notice annually to their tenants informing them about the owner’s obligation to provide stove knob covers. The notice must also ask whether or not a child under the age of six lives in the dwelling.
This mailing allows residents to opt-out and provides the building owners with documentation of the opt-outs and a record of who received the mailings.
It is important to note that stove knob covers are not required for owner-occupied co-ops and condos. However, if it’s a tenant-occupied co-op or condo, stove knob covers are required if there is a child under age six or the tenant requests them.
If the violation is cured do I still have to attend the hearing?
The violation will have a status of “cured” if the DOB accepts your Certificate of Correction. You will not have to attend the scheduled ECB hearing, and will avoid any subsequent penalties.
What does this HPD status mean?
While there are many different violation statuses issued by the HPD, the first thing to determine is whether the violation is open and follow-up is required, or closed and no action is required. Only an HPD violation with a status of “violation closed”, “violation removed” or “dismissed” is officially closed.
Even though a violation may have already been corrected and certified by your team, it will still require HPD review, reinspection, and approval before officially being closed. For a full list of HPD violation definitions, please refer to the Glossary available directly in your SiteCompli account.
What is Local Law 55 and how does it affect me?
Local Law 55 requires property owners to investigate and remediate indoor allergen hazards, including mold, cockroaches, mice, and rats. The HPD is very particular on how to address and resolve LL55 violations. To be completely in compliance, as of January 2019, the following actions must be completed:
- Performing annual inspections in each dwelling unit and common area of the building
- Providing an annual notice and New York City Department of Health and Mental Hygiene (DOHMH) pamphlet to prospective and current tenants at the time of lease renewal that informs the household of the owner’s obligation to do the following:
- Remediate mold, pests, and underlying conditions that cause mold and attract pests
- Use integrated pest management to address pest infestations, and prescribed work practices to fix mold and underlying defects (such as leaks, trash, etc.)
- Perform mold, pest, and underlying defect remediation along with thorough cleaning of any owner-provided carpeting or furniture before a new tenant moves into an apartment
For more information on Local Law 55, read our blog post.