March 2025 Bulletin to Property Owners

Dear Property Owners,

The Department of Housing Preservation and Development (HPD) periodically provides updates on new legislation and information on available materials and resources to residential building owners to support compliance with the New York City Housing Maintenance Code, the New York State Multiple Dwelling Law and other relevant city codes. Visit HPD's webpage to read this bulletin (and past bulletins) in other languages.

This publication is intended for informational purposes only and is not intended as legal advice. This information is not a complete or final statement of all the duties of owners and tenants regarding laws and rules relating to housing in New York City.

ENHANCED ENFORCEMENT

Alternative Enforcement Program

As required by law, HPD has selected 250 distressed multiple dwellings for participation in the Alternative Enforcement Program (AEP). Selection criteria include the number of class "B" hazardous and class "C" immediately hazardous Housing Maintenance Code violations, and the amount of emergency repair charges incurred as a result of the work performed by HPD. Being selected for this program subjects the building to frequent inspections, additional emergency repair charges, the issuance of Orders to Correct which require system replacements and significant fees. If your building has been selected for this program, please contact the AEP at (212-863-8262) with any questions. A list of selected properties can be found on the HPD website.

Keeping your violation record accurate and correcting Class C violations will keep your building from being selected for this program in 2026.

Certification Watchlist and Penalties

In January 2025, as part of its enhanced enforcement strategy and as required by law, HPD launched its first Certification Watchlist, identifying properties where the owners or agents have falsely certified correction of HPD-issued violations. Under Local Law 71 of 2023, HPD is required to compile a list of 100 multiple dwellings with more than 20 hazardous or immediately hazardous violations certified as corrected during the previous year where at least four such violations were found to have been falsely certified. Pest violations are excluded from this calculation. The buildings with the highest number of falsely certified violations that meet the above criteria are selected for the Certification Watchlist.

Buildings remain on the list for one year from selection. For the duration of the calendar year in which a building is on the Certification Watchlist, all certifications of correction for hazardous or immediately hazardous violations submitted for that building cannot be closed based on the owner’s certification without at least two re-inspections attempted.

Property owners and agents who certify the correction of violations must do so timely and only after violations are corrected properly. Failure to correct, timely certify, and remove violations from buildings’ records increases the possibility of selection for other enhanced enforcement programs such as the Alternative Enforcement Program and the Underlying Conditions Program or for HPD seeking civil penalties for failure to correct violations through an action brought in Housing Court.

For a full list of buildings selected for the Certification Watchlist, visit the HPD website.

In addition to the possibility of being selected for the Certification Watchlist, falsely certifying the correction of HPD violations may lead to the following penalties:

For each non-hazardous violation falsely certified, not less than $50 nor more than $250 dollars;
For each hazardous violation falsely certified, not less than $250 dollars nor more than $500; and
For each immediately hazardous violation falsely certified, not less than $500 nor more than $1,000.
For lead-based paint violations falsely certified, between $1,000 and $3,000
For mold violations falsely certified, between $2,000 to $10,000

NEW RESOURCES

J-51 - Tax Abatement – File Now!

In an effort to support buildings with rehabilitation, cost of maintenance and carbon emissions reduction, the City, launched the reformed J-51 program, now named the J-51 R.

J-51 R provides a tax abatement for up to 70% of approved certified reasonable costs over 12-20 years for eligible alterations or improvements to an existing eligible building.

Eligible alterations or improvements are identified on the certified reasonable cost schedule along with the maximum approved cost per unit of work. Projects also must meet the minimum scope of work threshold of $1,500 per dwelling unit.
Eligible projects include certain Class A multiple dwellings not operating as a hotel and satisfying one of the following three conditions:

a rental project where not less than fifty percent of the dwelling units are registered with DHCR with maximum rents at or below 30% of 80% AMI. In other words, in the year 2024, rents must not exceed the monthly rent including utility payments must not exceed the rents in the table below.

Unit Size	80% AMI
Studio	$2,174
One-bedroom	$2,330
Two-bedroom	$2,796
Three-bedroom	$3,230

or a homeownership building with an average assessed valuation no greater than forty-five thousand dollars per dwelling unit as of Commencement Date.
a project owned and operated by a Mitchell Lama limited profit housing company or redevelopment company or receives substantial governmental assistance.

J-51 tax abatement project applications are filed after rehabilitation work in a building has been completed, however there are important pre-construction steps that must be taken for a project to be eligible such as notification of tenants. More information about the program requirements can be found here.

Additionally, applications must be filed on or before April 30, 2025 for projects that completed eligible construction on or before December 30, 2024 or within four months of the Completion Date for projects that complete construction after December 30, 2024.

Save Water (and Money)!

Fix leaks and moisture conditions. Pipe and fixture leaks waste water and create damp conditions that attract pests and promote mold growth. Catch leaks early by signing up for My DEP Account on the Department of Environmental Protection’s website where you can view your water consumption, pay bills, and sign up for leak notifications. For more opportunities to conserve water, visit Water Saving Tips.

REMINDERS

Indoor Allergen Hazards

Owners of multiple dwellings are required by Local Law 55 of 2018 to:

Inspect units annually for indoor allergen hazards such as mice, cockroaches, rats, and mold, and respond to any complaints received directly from tenants or HPD. Make sure vacant apartments are thoroughly cleaned and free of pests and mold before a new tenant moves
Provide the What Tenants and Landlords Should Know About Indoor Allergens and Local Law 55 fact sheet and a Notice with each tenant’s lease that clearly states the property owner’s responsibilities to keep the building free of indoor
Remediate pest infestation. Use Integrated Pest Management (IPM) to address pest infestations. The safe work practices in Housing Maintenance Code Section 27-2017.9 and Title 28 of the Rules of the City of New York section 54-04 must be followed when assessing and correcting any underlying defects (such as moisture) that may have caused the infestation. IPM Requirements .
Remediate mold conditions. For more information on mold remediation and the specific requirements for your building (work practices and required contractors), see our Indoor Allergen Hazards.

RESOURCE FOR OWNERS: Fix leaks and moisture conditions. Pipe and fixture leaks waste water and create damp conditions that attract pests and promote mold growth. Catch leaks early by signing up for My DEP Account on the Department of Environmental Protection’s website where you can view your water consumption, pay bills, and sign up for leak notifications. For more opportunities to conserve water, visit Water Saving Tips.

Stove Knob Covers

Property owners of multiple dwellings are required to provide tenants with an Annual Notice (available in multiple languages on HPD’s website page) on Stove Knob Covers which must inform tenants that:

Owners are required to provide stove knob covers or permanent stove safety knobs with integrated locking mechanisms to tenants in each dwelling unit in which the owner knows or reasonably should know a child under six years of age resides when requested to do so in writing by the tenant, unless there is no available stove knob cover or permanent stove safety knobs with integrated locking mechanisms that is compatible with the knobs on the stove.

Tenants may request stove knob covers or permanent stove safety knobs with integrated locking mechanisms. The owner is required to provide the requested type of device unless the owner can document that there was no available device of the type requested for the specific stove that the tenant has.
Tenants may also request stove knob covers or permanent stove safety knobs with integrated locking mechanisms even if they do not have a child under age six residing with them. The owner is required to provide the requested type of device unless the owner can document that there was no available device of the type requested for the specific stove that the tenant has.
Owners must make the stove knob covers available within 30 days of the written request by the tenant.

An owner is only required to provide replacement stove knob covers or permanent stove safety knobs with integrated locking mechanisms twice within any one-year period.

It is the owner’s obligation to keep documented proof for five years of delivering the annual notice; a list of units for which stove knob covers or permanent stove safety knobs with integrated locking mechanisms (collectively “safety devices”) were provided; a list of written requests from units for safety devices and the attempts to make them available; and a list of units which requested safety devices, but where such safety devices could not be made available and documented proof that either compatible safety devices were not available or that the stove was not a gas stove. Owners are not required to submit notices to HPD unless audited for such documents.

Window Guard Annual Notice

The Annual Notice regarding Window Guards is required for all residential properties with 3 or more apartments. It is not required, but recommended, for residential properties with 1 or 2 units. Window guards save the lives of children every year. This Notice advises tenants that they are entitled to window guards and requires the property owner to install window guards if they receive notice that a child under 11 resides in the apartment.

Depending on whether the building was built prior to 1960, an owner can provide the tenants with a Window Guard Annual Notice (post 1960) or use the combined form (also inquiring about a child under 6 for lead-based paint compliance):

Window Guard Annual Notice
Combined Lead-based Paint and Window Guard Annual Notice in English and Spanish

Bedbug Annual Report

Property owners of multiple dwelling(s) are required to file a Bed Bug Annual Report with HPD every year. The reporting period to be covered in the Bedbug Annual Report is November of the previous year through October of the current year. Property owners will be required to file a Bedbug Annual Report between December 1 and December 31 only. Once December 31 passes, HPD may issue a violation for failure to file. For more information on the Bedbug Annual Reporting requirements, visit the HPD website.

Gas Leak Safety

Gas leaks are extremely dangerous and can create fires and explosions. Buildings which have gas service are required to maintain that service safely. Property owners are required by New York City law to post a Suspected Gas Leaks Notice for tenants about how to identify gas odors and act once they believe that there is a gas leak. HPD will issue a violation for failure to post the required notice.

For more information and resources on gas safety and awareness, please visit National Grid’s Natural Gas Safety or download a copy of their New York City Gas Safety Brochure.

It is illegal and dangerous to make changes to a gas system – including adding facilities such as gas dryers – without filing with and approval by the Department of Buildings. Such action can result in significant fines and a loss of service for an entire building.

COMING SOON

Natural Gas Detecting Devices (Local Law 157)

What is Local Law 157?

Local Law 157 of 2016 requires a property owner to provide and install natural gas detectors in residential buildings by May 1, 2025. At this time, HPD is preparing to publish proposed rules and sample documents related to the full implementation of this law, but we want you to be aware of upcoming implementation requirements and this information, while preliminary, will serve as overall guidance. Additional information will be provided in future bulletins as the rules move towards finalization.

What is a natural gas detecting device and what does it do?

The natural gas detector is a safety device that monitors the air, typically in the area where the gas service pipe or other utilities enter your home or building and, in your apartment, where there are gas devices. The natural gas detector will sound an alarm to provide an alert of potential odorless and dangerous leaks.

Which buildings does Local Law 157 apply to?

In Class A multiple dwellings and private dwellings, owners must provide and install one or more approved and operational natural gas detecting device by May 1, 2025 in each area, public or private, where a natural gas burning appliance is installed or gas service enters the building below grade.
In a Class B multiple dwellings, one of the following must happen:
One or more natural gas alarms must be installed in each dwelling OR
A line-operated zoned natural gas detecting system, designed in accordance with NFPA 715-2023 by a registered design professional, must be installed in all public corridors and public spaces.

What if my building does not have gas piping?

If your building does not have gas piping, there will be a process through which you may file for an exemption from the requirements to provide devices and post the building. More information will be provided on this later this year.

Who can install a natural gas detecting device?

Natural gas alarms that are powered either by battery or by plug-in AC receptacle may be installed by anyone, including but not limited to the building owner, building maintenance personnel, or the dwelling unit occupant. The devices must be replaced upon expiration of its useful life, or if stolen, removed, missing, or rendered inoperable within 30 calendar days after receiving written notice that such device is inoperable.

“Central System” Natural gas alarms must be installed by a New York City Licensed electrical contractor, who obtains all required permits.

Can a combine detector be installed?

Owners may install a device that combines smoke, carbon monoxide and gas detecting capabilities instead of three separate devices. You may want to consider that option if you need to replace any of your existing devices beginning now.

Are owners required to notify tenants of natural gas detector requirements?

Yes, owners are required to post a Notice to Tenants in a common area of the building, readily visible and preferably in the area of the inspection certificate, informing the occupants that the owner is required by law to install one or more approved and operational natural gas detecting devices in the building. The notice shall also state the owners’ responsibility to periodically replace the devices upon the expiration of their useful life, and that each occupant is also responsible for the maintenance, repair, and replacement of the devices. HPD will be providing the language and a sample of the notice for your use. You can check HPD’s webpage in April for more information.

Also, in cases where a natural gas detector is installed in a dwelling unit, the owner is required to provide at least one adult occupant of the dwelling unit with a notice of the risks posed by natural gas leaks, the testing and maintenance of natural gas detectors, what to do if the detector alerts, the useful life of the natural gas detector, the owner’s duty to replace the natural gas detector, and the occupant’s duty to maintain and repair the natural gas detector. HPD will be providing the language and a sample of the notice for your use.

Can HPD issue a violation for missing/defective natural gas detector?

HPD can issue a violation for a missing/defective natural gas detector. Along with smoke and carbon monoxide detectors, natural gas detectors will be checked for by an inspector. HPD may also issue violations for missing signage.

Am I allowed to charge the tenant for installing natural gas detectors?

Tenants who live in a Class A multiple dwelling or private dwelling must reimburse the building owner $25 for each smoke detector, each carbon monoxide detector, and each natural gas detector or $50 for each joint smoke/carbon monoxide detector or joint smoke/natural gas detector or joint carbon monoxide/natural gas detector, or $75 for a combined carbon, smoke and natural gas detecting device that is newly installed or installed as a result of the occupant’s failure to maintain the detector, or where the detector has been lost or damaged by the occupant. The occupant has one year from the date of installation to make a payment.
Tenants who live in class B buildings (transient use) are not required to reimburse property owners for either device.

What records are owners required to maintain?

Owners are required to keep the following records, on the premises or in the business office of the managing agent or owner, relating to the installation or maintenance of the natural gas detecting devices:

the date notice was posted
records including date installed, manufacturer’s suggested useful life of each device; and
records showing that such devices meet the requirements of all applicable laws and rules.

For more information about the requirements for the devices, visit DOB’s FAQs: Natural Gas Detection Devices.