Copyright 2019 | Belkin Burden Wenig & Goldman, LLP

Exclusive BBWG  Update

City Council Bills Impact Property Owners

On May 9, 2019 the New York City Council passed a series of bills that impact the rights and obligations of owners in a broad spectrum of categories. These bills have not yet been signed into law, but it is anticipated that the Mayor will sign these bills.

Scroll Down for a brief summary of the bills passed by the City Council on May 8, 2019 (but not yet signed into law).

Brief summary of the bills passed by City Council

On May 9, 2019 the New York City Council passed a series of bills that impact the rights and obligations of owners in a broad spectrum of categories. These bills have not yet been signed into law, but it is anticipated that the Mayor will sign these bills.

Scroll Down for a brief summary of the bills passed by the City Council on May 8, 2019 (but not yet signed into law).

You'll Learn

Impact on the recent Loft Law change.

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 How this impacts builders and property owners. 
What property owners can do to protect themselves. 
When this goes into effect.

 A brief summary of the bills passed by the City Council on May 8, 2019 (but not yet signed into law):

Intro 551-A
Addresses buyout agreements – any valuable consideration given to induce “any person” entitled to occupancy to surrender or waive any rights in relation to occupancy.
Within 90 days of execution of agreement, owner must electronically provide HPD with:

    • name of owner
    • address of apartment
    • amount of money or description of other consideration
    • if involves dismissal of legal proceeding, caption, index number and county of proceeding
    • date of execution of agreement
    • amount of months remaining on lease (but a tenant with a legal right to renewal shall be shown as “unlimited” number of months
    • failure to file makes owner liable for a non-hazardous violation

By 1/21/21 HPD must send summary report to Mayor during prior calendar year.
Effective July, 1 2020.

 

Intro 59-A
The prior local law, that set forth the notice about buy-outs and right of tenant not to be contacted for 180 days, must now also contain:

    • the median asking rent for another unit in the community district (as promulgated by HPD not later than 9/1/19 and each year thereafter)
    • no guarantee that tenant will be able to ret in same district with same number of bedrooms
    • provide link to HPD list of median rents
    • additional factors may impact tenant’s ability to rent including employment and credit history

Effective October 15, 2019.

 

Intro 975-A
Every 6 months HPD must compile a list of immediately hazardous violations:

    • fewer than 35 units, 3 immediately hazardous violations per unit
    • 35 units or more, 2 or more immediately hazardous violations per unit
    • Does not apply where apartment owned as condo or coop
    • No permits are to be issued if the bldg. is on the list.
    • There are various exceptions when permits will be issued (e.g. permit needed to correct violation or protect public safety, property under a 7-A administrator, etc.)

Effective 210 days after become law.

 

Intro 1279-A
Fifteen per cent random certification of correction of immediately hazardous violations with report to Speaker.

Effective 180 days after become law.

 

Intro 977-A
A design professional shall, after hearing at OATH, suffer sanctions, including suspension, where:

    • knowingly or negligently submits false certifications of documents
    • submits 2 certified applications that result in revocation of 2 permits in 12 months
    • submits 2 certified applications that result in 2 stop work orders in 12 months

Effective 120 days after become law.

 

Intro 1107-A
Construction documents must contain detailed tenant protection plan.

Application must:

    • certify if occupied dwelling units,
    • state whether rent regulated,
    • state whether DHCR has been notified (or that not required),
    • state that owner will notify Loft Board if building is subject to MDL 7-C

Effective nine months days after become law.

 

Intro 1280-A
Tenant protection plan must identify units that may be occupied during construction.

Fines of $10,000 – $25,000 for each offense

Effective nine months days after become law.

 

Intro 1278-A
No permit issued where tenant protection plan required and none provided.

Plan must contain requirements for:

    • Egress
    • Fire Safety
    • Health
    • Housing Standards
    • Structural Safety
    • Noise
    • Essential services

Must provide notice 5 days before construction begins. 20 percent random inspections, with 120 day follow up.

Effective nine months days after become law.

 

Intro 1171-A
Identifies unlawful statements to DOB and reports to Mayor and Speaker.

Effective 180 days after becomes law.

 

Intro 1241-A
Annual notification to registered design professionals as to grounds for exclusion, suspension or sanction, including, but not limited to, false or negligent statements.

Provides for permanent revocation if registered design professional falsely certifies while or probation or demonstrates incompetence.

Effective 90 days after becomes law.

 

Intro 1247-A
Online report of registered property owners will now include:

    • violations,
    • overcharges,
    • illegal removals from rent regulation

Effective May 1, 2020.

 

Intro 1247-A
Owner must post:

    • notice of violation outside occupied dwelling unit and common areas until resolved (within 5 days after served)
    • pamphlet create by HPD about adjudication process

Effective 180 days after becomes law.

 

Intro 1247-A
Owner must obtain 4 years rent amount from DHCR and provide to current occupant.

Effective 120 days after becomes law.

 

Intro 1258-A
Audit of 20 per cent of licensed process servers.

One first day of each calendar month, each licensed process server must submit to HPD:

    • affidavits of service of each
    • summons,
    • notice or petition or
    • other document starting civil action served by the licensed process server

Effective 120 days after becomes law.

 

Intro 1275-A
No permit issued for occupied buildings (other than coops or condos) for a least one year following finding of:

    • false statement in application for construction permit
    • work performed without permit

Effective 180 days after becomes law.

 

Intro 1277
Fifteen percent of premises to be inspection where:

    • application for construction documents
    • application states building is unoccupied

Effective 90 days after becomes law.

 

This article is intended for informational purposes only and should not be construed as providing legal advice. This article provides only a brief summary of complex legal issues. The applicability of any or all of the issues described in this article is dependent upon your particular facts and circumstances. Prior results do not guarantee a similar outcome. Accordingly, prior to attempting to utilize or implement any of the suggestions provided in this article, you should consult with your attorney. This article is considered “Attorney Advertising” under New York State court rules.

A brief summary of the bills passed by the City Council on May 8, 2019 (but not yet signed into law):

Intro 551-A
Addresses buyout agreements – any valuable consideration given to induce “any person” entitled to occupancy to surrender or waive any rights in relation to occupancy.
Within 90 days of execution of agreement, owner must electronically provide HPD with:

  • name of owner
  •  address of apartment
  • amount of money or description of other consideration
  • if involves dismissal of legal proceeding, caption, index number and county of proceeding
  • date of execution of agreement
  • amount of months remaining on lease (but a tenant with a legal right to renewal shall be shown as “unlimited” number of months
  • failure to file makes owner liable for a non-hazardous violation

By 1/21/21 HPD must send summary report to Mayor during prior calendar year.
Effective July, 1 2020.


Intro 59-A
The prior local law, that set forth the notice about buy-outs and right of tenant not to be contacted for 180 days, must now also contain:

  • the median asking rent for another unit in the community district (as promulgated by HPD not later than 9/1/19 and each year thereafter)
  • no guarantee that tenant will be able to ret in same district with same number of bedrooms
  • provide link to HPD list of median rents
  • additional factors may impact tenant’s ability to rent including employment and credit history

Effective October 15, 2019.

Intro 975-A
Every 6 months HPD must compile a list of immediately hazardous violations:

  • fewer than 35 units, 3 immediately hazardous violations per unit
  • 35 units or more, 2 or more immediately hazardous violations per unit
  • Does not apply where apartment owned as condo or coop
  • No permits are to be issued if the bldg. is on the list.
  • There are various exceptions when permits will be issued (e.g. permit needed to correct violation or protect public safety, property under a 7-A administrator, etc.)

Effective 210 days after become law.

Intro 1279-A
Fifteen per cent random certification of correction of immediately hazardous violations with report to Speaker.

Effective 180 days after become law.

Intro 977-A
A design professional shall, after hearing at OATH, suffer sanctions, including suspension, where:

  • knowingly or negligently submits false certifications of documents
  • submits 2 certified applications that result in revocation of 2 permits in 12 months
  • submits 2 certified applications that result in 2 stop work orders in 12 months

Effective 120 days after become law.

Intro 1107-A
Construction documents must contain detailed tenant protection plan.

Application must:

  • certify if occupied dwelling units,
  • state whether rent regulated,
  • state whether DHCR has been notified (or that not required),
  • state that owner will notify Loft Board if building is subject to MDL 7-C

Effective nine months days after become law.

Intro 1280-A
Tenant protection plan must identify units that may be occupied during construction.

Fines of $10,000 – $25,000 for each offense

Effective nine months days after become law.

Intro 1278-A
No permit issued where tenant protection plan required and none provided.

Plan must contain requirements for:

  • Egress
  • Fire Safety
  • Health
  • Housing Standards
  • Structural Safety
  • Noise
  • Essential services

Must provide notice 5 days before construction begins. 20 percent random inspections, with 120 day follow up.

Effective nine months days after become law.

Intro 1171-A
Identifies unlawful statements to DOB and reports to Mayor and Speaker.

Effective 180 days after becomes law.

Intro 1241-A
Annual notification to registered design professionals as to grounds for exclusion, suspension or sanction, including, but not limited to, false or negligent statements.

Provides for permanent revocation if registered design professional falsely certifies while or probation or demonstrates incompetence.

Effective 90 days after becomes law.

Intro 1247-A
Online report of registered property owners will now include:

  • violations,
  • overcharges,
  • illegal removals from rent regulation

Effective May 1, 2020.

Intro 1247-A
Owner must post:

  • notice of violation outside occupied dwelling unit and common areas until resolved (within 5 days after served)
  • pamphlet create by HPD about adjudication process

Effective 180 days after becomes law.

Intro 1247-A
Owner must obtain 4 years rent amount from DHCR and provide to current occupant.

Effective 120 days after becomes law.

Intro 1258-A
Audit of 20 per cent of licensed process servers.

One first day of each calendar month, each licensed process server must submit to HPD:

  • affidavits of service of each
  • summons,
  • notice or petition or
  • other document starting civil action served by the licensed process server

Effective 120 days after becomes law.

Intro 1275-A
No permit issued for occupied buildings (other than coops or condos) for a least one year following finding of:

  • false statement in application for construction permit
  • work performed without permit

Effective 180 days after becomes law.

Intro 1277
Fifteen percent of premises to be inspection where:

  • application for construction documents
  • application states building is unoccupied

Effective 90 days after becomes law.

This article is intended for informational purposes only and should not be construed as providing legal advice. This article provides only a brief summary of complex legal issues. The applicability of any or all of the issues described in this article is dependent upon your particular facts and circumstances. Prior results do not guarantee a similar outcome. Accordingly, prior to attempting to utilize or implement any of the suggestions provided in this article, you should consult with your attorney. This article is considered “Attorney Advertising” under New York State court rules.