Bulletin to Property Owners - October 2024

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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 the HPD website  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.

Property Registration

Property Registration is due:  If your registration is not valid because either HPD has not processed a properly completed, signed, and dated registration form or you did not pay the property registration fee with the Department of Finance, you will receive a violation from HPD for failure to register.  You will be unable to file for Dismissal Requests, file certifications of correction of violations, or file actions against tenants in Housing Court.
 
For more information on who is required to register and how to register, go to HPD's webpage or please reach out to the Registration Assistance Unit via email (Register@hpd.nyc.gov) or telephone (212-863-7000).

Heat Season Started October 1st 

Under the Housing Maintenance Code section 27-2029, building owners are legally required to provide heat to their tenants. Heat must be provided between October 1st and May 31st, under the following conditions:
 
Day
Between the hours of 6:00am and 10:00pm, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit.
 
Night
Between the hours of 10:00pm and 6:00am, the inside temperature is required to be at least 62 degrees Fahrenheit.
 
Failure to comply will lead to violations. Violations may result in civil penalties, heat inspection fees, and selection for enhanced enforcement under the Heat Sensors Program.
 
Civil Penalties
The agency can seek the following penalties, effective on the posting date of the Notice of Violation until the date that the violation is corrected:
•    $350-$1,250 dollars per day for each initial heat or hot water violation
•    $500-$1,500 per day for each subsequent violation at the same building during the same and/or the next calendar year from the initial violation or, during the same and/or the next heat season
If the owner fails to pay the Court ordered civil penalties, HPD will enter a judgment against the owner and the property and seek to enforce that judgment.
 
Inspection Fee
HPD will charge a $200 fee for all inspections after the first two inspections if they result in a heat violation within the same heat season (October through May) or a hot water violation within a calendar year. This fee is in addition to any civil penalties that may be imposed by the Housing Court.  

Heat Season Boiler Inspections: Department of Buildings 

The Department of Buildings'(DOB) Boiler Unit regulates the installation, maintenance and operation of boilers and fuel oil storage installations within the City of New York. Property owners are responsible for ensuring that their boilers operate safely and in compliance with the NYC Construction Codes and other applicable rules and regulations. 
 
We strongly encourage you to conduct mandatory annual inspections of your boilers as required and ensure that your boilers are legally maintained in accordance with manufacturer instructions to ensure that heat is adequately provided. 
 
Please visit DOB’s Boiler Compliance webpage for important information on DOB’s boiler inspection and reporting requirement regulations. 
 
ADDITIONAL NYC RESOURCES ON BOILERS
 
DOB’s FAQs for answers to common questions people have about boilers and violations.
 
Department of Environmental Protection (DEP) Boiler Registration Renewal: (718) 595-3855

Good Cause Eviction

Under the new Good Cause Eviction law, New Yorkers have the right to continue living in their homes without fear of unreasonable eviction or extreme rent increases. In many situations, tenants of market rate housing are now covered by more expansive protections. 
 
What is Good Cause Eviction?
As of April 20, 2024, the Good Cause Eviction law in New York City requires owners of covered units, which include certain unregulated units, to provide a good cause reason for evicting a tenant, not renewing a lease, or terminating the tenancy of a tenant without a lease. It provides tenants with a defense in Housing Court if they are evicted and believe that the eviction or end of tenancy was not for a good cause reason. 
 
For nonpayment evictions, tenants can also invoke Good Cause Eviction if nonpayment was due to an unreasonable rent increase as defined by the law. This year, an unreasonable rent increase in NYC is one greater than 8.82%, though owners can rebut this in court if the rent increase can be justified. 
 
As of August 18, 2024, owners must notify tenants whether they are covered by Good Cause Eviction when they are taking certain actions such as issuing a new or renewal lease, filing an eviction, increasing rent by more than 5%, or notifying a tenant that their lease will not be renewed.
 
For more details on which units are covered, the full list of good cause reasons, and additional information, please visit HPD’s Good Cause Eviction webpage.

National Fire Prevention Week

National Fire Prevention Week was established in 1925 and is observed in the United States and in New York City during the week in which October 9th falls.  Every year, the FDNY, FDNY Foundation, and its partners call on all New Yorkers to be #FDNYSmart. What does that mean? It means being prepared for and preventing fires and other emergencies.
 
HPD does inspections for many fire safety issues on every inspection we conduct.  Thus far this calendar year, HPD issued over 50,500 self-closing door violations and 20,600 smoke detector violations.  In addition to self-closing doors and smoke detectors, HPD also issued over 750 violations for illegal window gates and double cylinder lock violations. Illegal locks on doors and gates on windows trap tenants and make it harder for the FDNY to get in to address fires. 
 
We encourage you to be aware of all your responsibilities to ensure fire safety. For more information, please visit HPD’s Fire Safety, Self-Closing Doors, and Smoke and Carbon Monoxide Detectors webpages.  You can also get a copy of our Close the Door flyer from HPD’s website. 
 
Fire Safety Week is a longstanding tradition and call to action promoting fire and life safety. For more safety education tips, visit FDNYSmart.org.

Vacant Apartment Inspections

Local Law 1 of 2024, requires property owners to keep unoccupied dwelling units in good repair.  An unoccupied dwelling unit is defined as a dwelling unit that is not occupied for permanent residence or temporary residence purposes.
 
Some conditions owners should look for and correct to ensure proper maintenance of an unoccupied dwelling may include but is not limited to the following.
1.Unsecured openings
2. Inadequate firestopping
3. Leaks, defective plumbing, and mold 
4. Indications of the presence of any pests 
5. Accumulation of refuse 
6. Smoke detectors and carbon monoxide detectors.   

False Certification: Civil Penalties and Certification Watchlist

Property owners and agents who certify the correction of conditions must do so only after conditions are corrected properly. HPD may audit any certification of correction submitted to the agency, either through a paper submission or through eCertification. Certification keeps your building records reflecting actual conditions at a building, ensuring that buildings in generally good condition are not selected for any enhanced enforcement by HPD. Except for lead-based paint violations, properly certified violations are deemed complied and closed 70 days from the date of the receipt of the certification unless the department has determined by a re-inspection made within such period that the violation still has not been corrected.
 
Be advised, however, that falsely certifying the correction of HPD violations may lead to the following:

  •  A person who makes a false certification of correction of a violation shall be subject to a civil penalty as follows: 
    • 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 violation falsely certified, between $1,000 and $3,000
    • For mold violation falsely certified, between $2,000 to $10,000
  • Under Local Law 71 of 2023 false certifications may result in future certifications not being deemed complied without an inspection attempt beginning in January 2025 for buildings which have a significant number of false certifications in 2024. 
    • By January 15, 2025, or the first business day thereafter, and each calendar year thereafter, the department shall compile and post on its website a list of 100 multiple dwellings for which the department has determined that: 
    •  more than 20 hazardous violations or immediately hazardous violations have been certified as corrected during the previous calendar year, other than a violation issued pursuant to section 27-2017.4 of this code, and
      at least four of such hazardous or immediately hazardous violations that have been certified as corrected during such calendar year were falsely certified as corrected.

Natural Gas Detecting Devices 

Local Law 157 of 2016 requires a property owner to provide and install natural gas detectors in residential buildings.  Class A and class B multiple dwelling owners must provide and install one or more approved and operational natural gas detecting device or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned natural gas detecting system with central annunciation and central office tie-in for all public corridors and public spaces.
 
The owner may install a device that combines smoke, carbon monoxide and gas detecting capabilities instead of three separate devices, so you may want to consider that option if you need to replace any of your existing devices beginning now.
 
The devices must be replaced upon expiration of its useful life, or if stolen, removed, missing, or rendered inoperable.
 
The DOB rules governing natural gas detecting devices include:
•    Natural gas alarms must be installed in private dwellings, class A multiple dwellings, and class B multiple dwellings
•    These requirements do not apply to buildings that do not have gas piping or gas service
•    In private dwellings and class A multiple dwellings, one or more natural gas alarms must be installed in each dwelling on or before May 1, 2025
•    In class B multiple dwellings, one of the following must happen on or before May 1, 2025: 
o    One or more natural gas alarms must be installed in each dwelling
o    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
•    Natural gas alarms must be installed by a New York City Licensed electrical contractor, who obtains all required permits    
o    Exception: Natural gas alarms that are powered either by battery or by plug-in AC receptacle may be installed by other than a licensed electrical contractor, including but not limited to the building owner, building maintenance personnel, or the dwelling unit occupant.
For more information, visit DOB’s FAQs: Natural Gas Detection Devices.

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.
 
If you smell gas anywhere, including in your home, go outside and call 911 and the utility company to report a gas emergency. National Grid, which services Brooklyn, Queens, and Staten Island can be reached at 718-643-4050 and Con Edison customers can call 1-800-75 CONED (1-800-752-6633) to report a gas emergency (owners must enter the appropriate utility information onto the required posting 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.
Restoring gas is a long and expensive process. Gas service can be shut down due to a leak or illegal gas work by the DOB, a utility company, or the Fire Department.  Gas restoration should always be completed by a licensed plumber.  Property owners are required to act to restore gas for heat and hot water and gas for cooking immediately once any of those services are disrupted.