november-2023

Housing Preservation & Development


November 2023 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.

IMPORTANT DATES (FURTHER DETAILS ON REQUIREMENTS ARE BELOW)

DECEMBER 1 THROUGH DECEMBER 31: Annual Bedbug Filing (file online with HPD)

Property owners of multiple dwelling(s) are required to file the Annual Bed Bug Report

electronically

with HPD. Only non-corporate owners (individual owners or joint owners) may submit paper reports. The filing period starts

December 1st and ends December 31st

. For more information about Bedbug filing see the October 2023 bulletin or visit HPD’s webpage.

BY JANUARY 16: Lead-Based Paint Annual Inquiry regarding the presence of a child under 6 – deliver to all tenants in buildings built prior to 1960 or between 1960 and 1978 if you have knowlege of lead-based paint in the building - Protect Your Child From Lead Poisoning and Window Falls (nyc.gov). You are required to keep records of delivering this notice and can keep records properly by using HPD’s Sample LL1 Compliance Documents_20200211_Final.xlsx (nyc.gov).

BY JANUARY 16: Window Guard Annual Inquiry regarding the presence of a child under 11 – deliver to all tenants in multiple dwellings (buildings with 3 or more units).You can use either the notice linked below under Lead-Based Paint Annual Inquiry or this notice if your building was built after 1960 Appendix B of Annual Notice to Tenant or Occupant: Window Guards Required (nyc.gov)

Annually inspect units for indoor allergen hazards such as mice, cockroaches, rats and mold. You can keep records properly by using HPD’s Sample Investigative Report .

Annually distribute a Notice regarding the availability of Stove Knob Covers annual-notice-stove-knob.pdf (nyc.gov)

Reminder about other issues that you can check for when conducting annual allergen hazard apartment inspections. Note that these are all issues that a Housing Inspector will check for when conducting an inspection for any reason:

Apartment and public area doors that do not self-close Self-Closing Doors - HPD (nyc.gov)

Fire Safety Notices on the back of apartment doors nyc-apartment-building-emergency-guide.pdf

Carbon monoxide detectors and smoke detectors should be present and working. As a landlord, you are responsible to replace any carbon monoxide and smoke detector upon the expiration of its useful life.

Tenant should not install double-cylinder locks on doors or unapproved (by the FDNY) fire gates on windows.

Check for peeling paint in all units and common areas where a child uder 6 resides, in pre-1960 buildings or buildings built between 1960-1978 where you have knowledge of lead-based paint.

Bedbug Annual Report

Property owners of multiple dwelling(s) are required to file an 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.

Corporate owners (corporations, LLCs, etc) can

only

file electronically through the application available at Annual Bed Bug Report. Paper submissions will be returned to you.

Guidance for Electronic Filers having Username or Password Issues:

Forgot Password Only

: If you know your Username, click on the “Forgot Your Password?” button on the bottom of the HPD Enforcement Desk sign-in page. You will be prompted to enter your Username (email address). You will then receive an email containing instructions about how to change your password. Please note: this feature will only work if you enter a valid Username. If you do receive an email, please follow the instructions in Forget both your Username and Password below.

Forgot both your Username and Password:

Email EnforcementDesk@hpd.nyc.gov or Karen Whitley (212) 863-7437.

Individual owners and joint owners (as indicated on your property registration) may file using a paper form. Copies of this form are available at Bed Bug Annual Filing Form.

In order to continue and file for your property, the property must be validly registered in the HPD Registration System. If the property is currently registered through August 31, 2022 but you are still having trouble submitting your application/form, please email the HPD Enforcement Desk at: EnforcementDesk@hpd.nyc.gov. If your building is not currently registered or you are not sure if the property is registered, please register your building or check the information by clicking on this link Register Your Property -HPD

.

The owner is required to provide the filing to the tenant, either by posting the report or distributing it to tenants.

Lead Annual Notice and Window Guard Annual Notice (January 1 – January 16)

Between January 1 – January 16, New York City law requires that owners of certain types of buildings distribute annual notices to tenants related to lead-based paint and window guards. The annual notice responses must be collected from the tenants by February 15. The annual notice for each can be sent individually or by using an approved combined format when both notices are required for the building. The notices are provided below.

Lead-Based Paint

Property owners must use the annual notice to determine if a child under 6 years of age resides in a dwelling unit. “Resides” for lead-based paint under NYC law means to routinely spend 10 or more hours per week within a dwelling unit. Once a child under 6 years of age has been determined to reside in a unit, the owner must perform an annual inspection in that apartment and in the common areas of the building to look for lead-based paint hazards, which then must be corrected using certified contractors and safe work practices. Owners must keep track of distributing these lead-based paint annual notices, collecting them, the annual inspections, and all activities required in the New York City Childhood Lead Poisoning Prevention Act, also known as Local Law 1 of 2004, as amended, for at least 10 years. HPD has made available for you a SAMPLE Delivery of Annual Notice for Prevention of Lead-Based Paint Hazards – Inquiry Regarding Child - Summary Form or you may use a similar document to keep track of distributing the lead-based paint annual notice. This information is required to be kept under the law, and the sample form can be used in the event that your property’s lead-based paint records are audited by HPD. Other sample notices and more resources regarding Local Law 1 of 2004 are available on HPD lead-based paint website.

The table below outlines when the window guard and lead-based paint annual notices are required:

Window Guard Annual Notice

Lead-Based Paint Annual Notice

Multiple Dwellings

(3 or more apartments)

Required, regardless of year built

Required, for all buildings built before 1960.

Required also for buildings built 1960-1978 if the owner knows there is lead-based paint.

Must be provided in English and Spanish.

Private Dwellings

(1-2 apartments where at least one unit is not occupied by the owner)

Not required, but recommended

Required, for all buildings built before 1960.·

Required also for buildings built 1960-1978 if the owner knows there is lead-based paint.·

Must be provided in English and Spanish.

Depending on which form is required for a building, an owner can provide the tenants with each required form individually or use the combined form:

Window Guard Annual Notice in English and Spanish

Lead-based Paint Annual Notice in English and Spanish

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

Window Guards

Property owners must use the annual notice to determine if a child 10 years of age or younger lives in an apartment. If a child 10 years of age or younger is determined to live in an apartment, the owner must provide and properly install approved window guards on all windows, including first floor bathroom windows and windows leading onto a balcony or terrace in the apartment where the child lives, 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. A tenant may also request to have a window guard installed even if a child 10 or younger does not live in the apartment.

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 Section 27-2017.9 of Local Law 55 and 28 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

Remediate mold conditions. For more information on mold remediation and the specific requirements for your building (work practices and required contractors), see our Allergen Hazards

Stove Knob Covers Annual Notice

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:

Stove knob covers or permanent stove safety knobs will be made available within thirty days of distributing the annual notice,

The owner must provide stove knob covers or permanent stove safety knobs with integrated locking mechanisms for gas-powered stoves to any household that requests them, regardless of whether a child under six lives in the unit, and

Tenants can forego stove knob covers through written refusal to the landlord. If a tenant does not submit written refusal to the owner, the owner is still obligated to provide stove knob covers or permanent stove safety knobs with integrated locking mechanisms for gas-powered stoves to any household where the owner knows or reasonably should know that a child under age six resides

It is the owner’s obligation to keep documented proof of any notification of refusal for stove knob covers, notification from dwelling units that requested stove knob covers, and documented proof that the owner attempted to provide stove knob covers to a household where the owner knows or reasonably should know that a child under age six resides. Owners are not required to submit notices to HPD.

Property Registration

Property Registration was due September 1st: If you did not submit your registration as of now, 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 the tenants in Housing Court. Once you file a valid registration and pay the fee, the registration violation will be dismissed automatically.

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).

Local Law 97 (LL97)

In September 2023, Department of Buildings (DOB) released a new package of proposed rules for Local Law 97 (LL97) including, penalty amounts for Article 321 “The Prescriptive Pathway”. The rules promote compliance rather than penalties and may allow owners of buildings subject to Article 321 additional time to comply – as long as they can demonstrate progress. Visit the HPD LL97-guidance-for-affordable-housing.page for more information.