We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
In pursuit of public safety, the Department of Housing Preservation and Development (HPD) is responsible for enforcing the law and acting against violators of the housing codes. When a property is not compliant with housing codes, HPD will issue a violation. Violations are either issued by an inspector in response to a complaint, or administratively.
Local Law 6 of 2013 gives HPD the authority to issue an order to a building owner to correct any underlying condition existing in that building that has caused or is causing a violation of the Housing Maintenance Code, the NYS Multiple Dwelling Law, or any other state or local law that imposes requirements on dwellings. This authority is known as the Underlying Conditions Program. Each year, HPD selects approximately 50 to 100 buildings for participation in the program based on the number of apartments affected and the number and severity of the violations.
The Maximum Base Rent Program affects housing conditions in New York City rent-controlled apartments. The program helps ensure that apartments under rent control provide enough income for their maintenance and for building improvements. Local Law 30 of 1970 stipulates that Maximum Base Rents be established for rent-controlled apartments according to a formula calculated to reflect real estate taxes, water and sewer charges, operating and maintenance expenses, return on capital value, and vacancy and collection loss allowance.
For the 16th year, HPD has announced its list of the most poorly maintained apartment buildings in New York City. As a result of placement on the list, there will be increased enforcement against these 250 buildings through HPD’s Alternative Enforcement Program (AEP). The AEP was established in 2007 with the NYC Safe Housing Law (Local Law No. 29 of 2007). This law called for an annual list of different multiple dwellings with high counts of the most serious building code violations based on a broad set of criteria, including paid or unpaid emergency repair charges.
Under the Department of Finance’s new Environmental Control Board (ECB) amnesty program, if you have unpaid eligible ECB judgments issued by various city agencies and adjudicated by the Office of Administrative Trials and Hearings (OATH), you may be able to save up to 75 percent and have the penalties and interest associated with your judgments waived. These types of amnesty programs are offered by the city only once every few years. This program is a great opportunity to clear out old violations and reduce outstanding fines you may have.
Complying with the gas piping inspection requirements of Local Law 152 is putting owners of small buildings with illegal laundry rooms in a lather. Local Law 152 was passed as part of a larger package of regulations concerning gas line safety. Specifically, it imposes periodic inspections for gas piping systems. The Insider spoke with Carl Borenstein, president of Veritas Property Management, who explains why—and offers some potentially cheaper solutions to the compliance problem.
If you’re eligible, the program will waive a percentage of your penalties and clear your violations.
The New York City Council recently passed Local Law 81 of 2021 to establish a temporary program to resolve outstanding judgments imposed by the Environmental Control Board. Council members were motivated to pass this legislation in an attempt to reduce the economic strain the pandemic has had on New Yorkers.
The DOB recently announced that as of April 29, it will issue violations to owners of buildings that appear on the NYC Benchmarking Covered Buildings List who fail to post an Energy Efficiency Rating Label as required by Local Law 33 of 2018. The penalty for failure to display the building’s Energy Efficiency Rating Label is a DOB violation and a fine of $1,250.
As New York City deals with winter storms and temperature swings, heat and hot water complaints are likely to be the most common type of service complaint you’ll face. A tenant or group of tenants may file a complaint with HPD and may also seek a rent reduction through the Division of Housing and Community Renewal (DHCR) for inadequate heat and hot water in the apartment or building. If you don’t stay on top of heat and hot water service complaints, you may face rent cuts.
On Aug. 27, the DOB adopted a new rule increasing the penalty amount for failing to certify the correction of certain immediately hazardous violations. According to the update, whenever any person fails to submit certification of correction of an immediately hazardous violation that poses a threat of imminent danger to public safety or property, a penalty must be paid to the DOB as follows:
RSS