Bulletin June 2024

Housing Preservation & Development


June 2024 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 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.

Upcoming Webinars

Pests and Mold: An Owners’ Guide to Indoor Allergen Laws
Date: Thursday, July 25th from 11:00 AM to 12:30 PM
Under the Asthma-Free Housing Act (Local Law 55 of 2018), residential building owners in New York City are required to take steps to keep their buildings free of mice, rats, roaches, and mold, collectively defined as Indoor Allergens. In this training, we will discuss owners' responsibilities to identify and eliminate indoor allergen hazards and other pests, as well as review the annual inspection requirements, when to use a licensed contractor, and how to clear HPD violations. Space is limited – please register now.

Topics include:

Eliminating and preventing infestations of mice, rats, cockroaches, and other pests;
Identifying current and future sources of mold;

Proper work methods for eliminating mold conditions and pest infestations;

Reviewing the city and state laws that underlie the Asthma-Free Housing Act;

Annual notification and inspection requirements and the annual Bedbug Filing (Local Law 69 of 2017);

Steps to correct and remove HPD violations for Indoor Allergen Hazards.

HPD Lead-Based Paint Violations: Understanding the Basics of Lead Violations and How to Clear Them:

Date: Thursday, August 8th from 11:00 AM to 12:30 PM

Join us for an overview of Lead-Based Paint violations issued by the New York City Department of Housing Preservation and Development (HPD). This webinar will cover how and why HPD issues lead-based paint violations, how to correct conditions when your building receives a violation, and how to follow HPD’s procedures to remove the violation once you have corrected the condition. Throughout, we’ll provide tips, examples, and best practices to help you navigate the process.

Register Now to Secure Your Spot - Space is Limited!

Property Registration

Property owners of residential buildings are required by law to register annually with HPD. The next property registration cycle has begun and runs through August 31, 2024. Residential buildings are required to register annually if the property is a multiple dwelling with 3 or more residential units, regardless of whether the owner resides at the premises or a private dwelling with 1-2 residential units if neither the owner nor the owner's immediate family resides there. Building registrations must also be filed whenever ownership changes or whenever the information on a valid registration changes (for example, new managing agent or site management).

HPD is committed to ensuring you are kept aware of complaints, violations, and emergency conditions at your property, but you must do your part.

IF THE ACTUAL OWNER OR AGENT DOES NOT LIST THEMSELVES ON THE REGISTRATION FORM, YOU:

Subject yourself to civil penalties. Anyone willfully filing a false registration shall be subject to a penalty of between $750 and $5,000.  HPD will invalidate any statement required under this article that has been found to contain false information.  HPD may audit a property registration for this information. Note that corporations are required to include corporation officers in section 5 of the form (responsible party).

IF YOU DO NOT REGISTER WITH A 24-HOUR NUMBER AT WHICH SOMEONE CAN BE REACHED TO RESPOND TO BUILDING EMERGENCIES, YOU:

Subject yourself to HPD’s Emergency Repair Program or Demolition Program, taking immediate action on your behalf if there is an emergency situation at the property.

IF YOU DO NOT REGISTER USING AN ADDRESS AT WHICH YOU CAN RECEIVE MAIL, YOU:

Risk of not receiving notification of HPD violations.

Risk receiving notification late, which affects your ability to correct conditions timely.

Subject yourself to civil penalties for not addressing violations.

IF YOU DO NOT REGISTER, you:

Subject yourself to civil penalties. Pursuant to Local Law 71 of 2023, Section 27-2107 of the Administrative Code of the City of New York, any person or persons required to file a statement of registration who fails to file as required shall be subject to a civil penalty between $500 to $1,500 for a multiple dwelling with five units or less and between $1,000 to $5,000 for multiple dwellings with more than five units.  Buildings without valid property registrations may be issued Orders and will be ineligible to certify violations, request a Dismissal Request, or initiate a court action to recover possession of the premises for nonpayment of rent.

IF YOU DO PROVIDE AN EMAIL ADDRESS ON YOUR REGISTRATION:

You will receive email complaint and violation notifications from HPD, improving your ability to respond before violations are issued or with additional time to address and certify violations.

You will receive email notices from HPD about other opportunities for assistance, new laws and regulations and emergency notification.

Once you are validly registered, if you need to amend your registration, visit HPD’s Property Registration Online System (PROS) at PROS Public Home (nyc.gov), update any information that needs to be changed, pay the $13 registration fee to the Department of Finance, and print the form. The owner and agent must sign and date the updated form, which should be mailed to HPD as outlined on the form. The system is easy to access and quick to use. Register early to ensure your form is processed in time to meet the deadline! Questions about registration can be sent to register@hpd.nyc.gov.

Visit the HPD webpage or contact the Registration Unit for more information.

eCertification

As an alternative to certifying violations using paper, owners and managing agents can utilize HPD’s paperless online certification portal (eCertification) to certify eligible violations.

If there is no existing eCertification account, Owners and/or Property Managers can use their PROS account information to log into the eCertification portal and enroll their building(s). It is important to note however, that although Property Registration is not required for private dwellings (1-2 residential units) where either the owner or the owner’s immediate family resides, it is a requirement when utilizing the eCertification system. Any building, private or multiple dwelling, that does not have a valid registration will not be able to use eCertification.

If there are any changes made to the Property Registration of a building that is enrolled in eCertification, the changes are not automatically reflected in the eCertification portal. Owners should contact the eCertification Administration Unit at 212-863-5414 or ecertadmin@hpd.nyc.govfor assistance in updating the information in their account.

eCertification makes the process of certifying violations easier, however there are a few violations that are not eligible for online certification, regardless of violation class. Certification of these violations require additional affidavit paperwork and require use of the Certificate of Correction form included in the Notice of Violation package (NOV package). This can also be found on the HPD’s website. These include:

Lead violations

Mold violations

Pest violations

Violations issued for Annual Bedbug filings and Property Registration-related violations are satisfied by submitting the proper filing and do not require certification.

For heat and hot water violations eligible for a settlement fee payment because the violation is the first for the heat season, owners may also pay using eCertification. However, if for any reason the payment fails online, owners can make the payment(s) at their borough office by submitting a printed copy of their eCertification receipt for said violation(s) and payment in the form of a money order or certified check. Please note that this payment must be made immediately to avoid further actions and/or additional fees.

As a reminder, eCertification and Property Registration go together. If property owners fail to register their properties by August 31st, their buildings will be automatically disenrolled from eCertification. Re-enrolling the building will only be possible after a Property Registration is validly updated. You must register properties on time to avoid any inconvenience.

Window Guards Annual Notice - Window Guards Save Lives

Each year, young children are injured or die in falls from unguarded windows. These are preventable deaths and injuries. As temperatures rise and windows are opened, the Department of Health and Mental Hygiene (DOHMH), the NYC Administration for Children’s Services (ACS), and the Department of Housing Preservation and Development (HPD) are urging landlords, homeowners, and tenants to take action to prevent window falls. Properly installed window guards can prevent children from falling out of open windows. Falls are preventable. Owners must comply with window guard requirements and tenants must let the building owner know when a child aged 10 or younger lives or is cared for in the apartment.

Local Law 57 of 2011 requires property owners to provide and properly install approved window guards on all windows, including first floor bathrooms and windows leading onto a balcony or terrace in an apartment where a child 10 years of age or younger resides and in each common area window, if any, in such buildings. The exceptions to this law are windows that open onto a fire escape and windows on the first floor that are a required secondary exit in a building in which there are fire escapes on the second floor and up. For more information on window guard installations for different types of windows, go to Window Guards Landlord - NYC Health.

The law also requires owners to send an Annual Notice to tenants of multiple dwellings (buildings of three or more apartments) to determine if window guards are required. The window guard annual notice form for multiple dwellings is combined with the annual notice form for lead-based paint required under Local Law 1 of 2004.

Remediate Mold Conditions Properly

Owners of residential properties with 10 or more units are required to hire a New York State Department of Labor-licensed mold assessor and remediator (these two contractors must be completely independent of each other) to assess and remediate conditions whenever there is more than 10 square feet of mold. To find a licensed mold contractor in your area, use the NYS Department of Labor's Licensed Mold Contractors Search Tool. These licensed workers must comply with New York City Administrative Code section 24-154 and New York State Labor Law Article 32.

Local Law 61 of 2018 established minimum standards for carrying out mold assessment, mold abatement and mold remediation for buildings that contain 10 or more dwelling units or are located on a zoning lot that contains 25,000 or more square feet of non-residential floor area. The law also requires the person holding a mold remediation license to file a Mold Remediation Work Plan Notification Form and the Mold Remediation Work Plan with the NYC Department of Environmental Protection (DEP). The person holding a mold assessment license is required to file a Post-Remediation Assessment Form and Mold Post-Remediation Certification.

These forms are available on the DEP website
https://www1.nyc.gov/site/dep/environment/mold-abatement.pageand the contractors must file them online. If the contractor has any problems submitting these forms, they should contact moldhelp@dep.nyc.gov.

The penalties for the property owner for having work conducted without the proper filings range from $800 to $10,000. The link to the DEP filing page is https://www1.nyc.gov/site/dep/environment/mold-abatement.page.

Copies of these filing receipts are required to be provided to the owner by the contractors after filing, and HPD requires copies of these same documents to be filed with a Certification of Correction for Class B and Class C mold violations issued in buildings with 10 or more units.

For owners who are not required to use professionals as outlined above, whether the removal is completed by a mold remediator or the owner/owner's representative, safe work practices are required for mold removal. These practices include:

Removing any standing water and fix leaks or moisture conditions.

Isolating the work area with plastic sheeting and covering egress pathways.

Limiting the spread of dust. Use methods such as sealing off openings (e.g., doorways, ventilation ducts) and

gently misting the molding area with soap and water before cleaning.

Cleaning mold with soap or detergent and water. Dry the cleaned area completely.

Removing and discarding materials that cannot be cleaned properly.

Throwing away all cleaning-related waste in heavy-duty plastic bags.

Cleaning any visible dust from the work area with wet mops or HEPA vacuums.

Leaving the work area dry and visibly free from mold, dust, and debris.

Fire Safety

Self-Closing Doors
Self-closing doors in apartments and in public hallways are a critical component of fire safety. Self-closing doors are equipped with a device that will ensure the door, when opened and released, returns to the closed position and self-latches shut. Self-closing doors prevent fire and smoke from spreading from one apartment to affect an entire building. Self-closing doors should never be blocked and can help contain a fire from spreading throughout a building.

HPD is required by law to attempt to reinspect the correction of all self-closing door violations. Emergency repairs will be made by HPD and billed to the property if the owner fails to correct the condition in the required time. The Notice of Violation clearly indicates both the date for correction of the condition and the date for the certification of correction to be submitted to HPD. To simplify certification, explore the option to eCertify correction.

Fire Escapes and Sprinkler Systems
Fire escapes and sprinkler systems must be maintained in proper working order. Any defect which causes these or any other means of egress to be defective will result in a class C violation.

Fire Safety Notice
HPD inspectors check the inside of apartment doors for the FIRE SAFETY NOTICE that is required by the NYC Fire Code to be posted there. The Fire Safety Notice is required to be posted on each dwelling unit door by Section FC401.6 of the New York City Fire Code and Section 401-06 of the Fire Department’s rules (3 RCNY 401-06) so that tenants know how to respond in the event of a fire.

There are two versions of the required notice. Please select the proper version - based on whether your building is fireproof or non-fireproof - and make sure that the notice is posted in each apartment as required as soon as possible. If HPD identifies that the signage is missing/damaged or for the wrong building type, HPD will send a notice to you. The missing/damaged/incorrect notices will also be reported to the New York City Fire Department for appropriate action. You should post the required notice in each apartment promptly. You do not need to notify HPD or FDNY when you post the proper signage.

All apartment building owners and managing agents are also required to distribute the current (2021) NYC Apartment Building Emergency Preparedness Guide (“Guide”), with a building-specific Building Information Section, the Individual Emergency Preparedness/Evacuation Planning Checklist, and the Fire Safety Notice Certification Form.

Lithium-Ion Battery Safety
Fires caused by lithium-ion batteries have increased dramatically with deadly consequences. These rechargeable batteries are found in electric bikes and scooters, cars, laptops, tablets, phones, and common household devices. Lithium-ion battery fires have caused deaths, serious injuries, and devastating damage to property.

For more information and safety tips and precautions on lithium-ion batteries please dangers-of-lithium-ion-batteries.pdf (nyc.gov)

Section 401-06 and all the materials mentioned above may be viewed on the Fire Department’s website at:

https://www1.nyc.gov/site/fdny/codes/fire-department-rules/fire-dept-rules.page
https://www1.nyc.gov/site/fdny/codes/reference/reference.page(materials)

You may also visit HPD’s website: Fire Safety - HPD (nyc.gov)

HPD In Your District

HPD’s Mobile Outreach team has kicked off another season of HPD In Your District events across New York city neighborhoods. The mobile outreach team takes HPD's community engagement teams on the road, bringing information and services directly to homeowners across the five boroughs. The van, expertly staffed by the OENS’ Division of Neighborhood Preservation’s Outreach Unit, advises New Yorkers on their concerns about building maintenance and code enforcement issues, and provides support and information about HPD’s many other housing services.
They can help you:

Understand their rights and responsibilities as a tenant or owner

Learn about financial assistance for property improvements and repairs

Register your buildings as a property owner

Learn how to remedy housing code violations on your properties

Coastal Storm Season Preparation

Coastal Storm season began on June 1st but will start ramping up for New York City on August 1st. HPD would like to ensure that building owners are prepared for such an event. This year’s coastal storm forecast from the National Oceanic and Atmospheric Administration (NOAA) for the Atlantic is for a busier than normal coastal storm season.

To stay informed on coastal storms and other emergencies, sign up for the City emergency alerts at www.NYC.gov/NotifyNYCAND register annually with HPD to be contacted during emergencies at the property. Provide an accurate 24-hour confidential phone number when registering. Register annually with HPD by visiting: https://www1.nyc.gov/site/hpd/services-and-information/register-your-property.page.

NYC is broken up into six coastal storm evacuation zones. The mayor can issue evacuation orders for any and all zones prior to coastal storm making landfall in NYC. To find out if your property is in an evacuation zone, visit: http://www1.nyc.gov/assets/em/html/know-your-zone/knowyourzone.html.

Tips for preparing yourself and your tenants for a coastal storm:

Distribute the NYC Apartment Building Emergency Preparedness Guide to all residents at lease signing and once every three years. For more information on the guide, please visit: https://www1.nyc.gov/site/fdny/codes/fire-department-rules/fire-dept-rules.page.

Communicate your property’s elevator policy to tenants, particularly those reliant on elevators. Try to keep elevators in use as long as possible and not take them out of service until just prior to landfall of a storm or an evacuation if you must take them out of service.

Communicate clearly to tenants prior to, during, and after a coastal storm as much as possible. As building owners, evaluate your capability to communicate critical information to all tenants through use of building systems (e.g., intercoms, fire alarm systems), email or text messaging.

Consider establishing alternative means of communication in the event of a power outage or other disruption of regular telephone communications between building staff, building managers, and building owners.

Develop an evacuation plan for the property, as a well as a resiliency plan.

Communicate these plans to building staff and tenants.

Assess the property immediately after the storm.

Ensure that your building staff is aware of what to do in common emergencies, such as who to contact about flooding, electricity outages, and other common outage issues.

Respond quickly to City agencies that may be contacting you as the property owner post-storm.

For more information, view these documents:

Emergency Planning and Evacuations for Residential Building Owners/Managers guide

Get Ready for An Emergency

Before and After a Storm: What You Need to Know

Ready New York Hurricane Brochure

To view this brochure in other languages, please visit the Ready NY website

Individual Emergency Preparedness/Evacuation Planning Checklist

As stated above, property owners are required by law to post a temporary notice with emergency information in the common area of the building prior to a weather emergency, after a natural disaster, and after being informed of a utility outage to last more than 24 hours. View this sample notification.

For more information on property owner disaster response responsibilities, please visit this HPD webpage: https://www1.nyc.gov/site/hpd/services-and-information/disaster-response.page.

Local Law 97

Local Law 97 of 2019 was passed to further the goal of achieving a 40 percent reduction in aggregate greenhouse gas emissions from covered buildings by calendar year 2030 and net zero by 2050.

For additional information on whether your building is covered under Local Law 97 and what is required to achieve compliance for your building, please see the notice below and the following link to the website of the New York City Department of Buildings (“DOB”): Greenhouse Gas Emission Reporting - Buildings (nyc.gov)