Your Summer 2021 Compliance Outlook For Property Ops In NYC

Summer is finally here, and with it are some reminders about adjusted dates & newly effective regulations.

Of course, anything compliance-related is always subject to change. Make sure you’re subscribed to the Blog for the latest updates (and our weekly Friday roundup, delivered straight to your inbox).

Benchmarking Check-In

Due to a technical issue, this year’s Local Law 84 Benchmarking due date was pushed from May 1st to June 1st, giving covered buildings an additional month to file.

Failing to file by that date could result in a penalty of $500 – with additional quarterly penalties in August, November, and February totaling $2,000.

The big reminder for 2021 and beyond? Filing your annual Benchmarking report isn’t all you’re required to do. Each year by October 1st, the city will create an Energy Efficiency Label (EEL) for your property, accessible via DOB NOW. This label includes your building’s Benchmarking score, along with some additional information. Owners are required to print the EEL and post it near every public entry at their buildings.

While updated Energy Efficiency Labels are required to be in place by October 31st, the DOB recently gave less than 48 hours notice before issuing violations here for the first time. With that said, make sure your signs are in place as required and your updated EELs are printed and posted starting October 1st later this year.

One way to stay on top of this reminder – set a scheduled Workflow in InCheck for printing and posting your EEL later this year. You’ll get reminder tasks when it’s available, and ensure it’s up and visible before the 10/31 deadline.

Heat Season Is Winding Down; Registration Season Has Begun

NYC’s heat season comes to an official close on May 31st, ushering in another important residential period – HPD Registration season.

As a reminder, multiple dwellings (3+ residential units), private dwellings (1-2 residential units) where neither the owner nor the owner’s immediate family resides, and hotels are required to register with HPD before September 1st each year. Penalties for failing to register can include civil penalties (up to $500), the inability to bring actions for nonpayment of rent against tenants in Housing Court, and the inability to certify corrections for HPD violations (including dismissals and re-issuance requests).

Registration starts online – you can access forms through the Property Registration Online System, but they still need to be printed, signed, and mailed to HPD. The $13 fee is billed automatically as part of your DOF Statement of Account, due every July 1st.

More information can be found here, on HPD’s website. You can also contact their Registration Assistance Unit directly at 212-863-7000 or register@hpd.nyc.gov.

Registration is another place where you can leverage InCheck Workflows – especially since different folks on your team may be responsible for submitting information online and ensuring payment is made. Make sure you also add a Task for registration updates to your processes any time your management team takes on a new property, or your organization acquires a new building.

Planning Summer Construction? Here’s What You Need To Know:

If you’re about to undergo construction projects, here are some important compliance updates:

  • Required Tenant Protection Plan (TPP) notifications (for construction in occupied residential properties) are available in DOB NOW. In addition to notifying the DOB of construction start dates, you’ll also need to distribute or post notices about the TPP. Find out more here, in our previous post.
  • Local Law 160 will be active on June 30th in DOB NOW: Build. The DOB announced a recent update to Property Certification forms (stating whether or not the owner owes any outstanding covered arrears to the city), delaying launch until June 30th. Learn more about this new requirement for permit applications here.
  • Local Law 104 is also active in DOB NOW: Build. If your building is flagged for excessive open violations (shown as LL 104/19 Permit Restriction), your team will have the ability to select an Exception. Per the DOB, if no Exceptions are applicable, “the applicant cannot proceed with the permit.” View the list of Exceptions here, and find out more about Local Law 104 here, in our previous post. 
  • Finally, Local Law 114 is also now in DOB NOW: Build. This specific Law relates to denial of permits for false statements and/or Work Without a Permit. Similarly, any properties flagged for LL 114/19 Permit Restriction can apply for Exceptions. If none are applicable, the applicant cannot proceed with the permit. See the full list of Exceptions here, and check out the DOB’s Service Notice for more information on this restriction.

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About the Author

Kristen Hariton

Kristen Hariton is the Senior Product Marketing Strategist at SiteCompli. A member of the SiteCompli team since March 2013, Kristen has learned more about compliance and property operations than she ever thought possible. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.