A Tenant Protection Plan Notice to Occupants must be clearly displayed in the lobby and on each floor within ten feet of the elevator, or in the main stairwell, if no elevator is present.
New York City’s building regulations continue to evolve, and the recently enacted Local Law 79 of 2024 introduces a significant change for building owners. This new law establishes a Proactive Inspection Program aimed at identifying potential safety risks before they escalate into serious issues.
Here’s a quick breakdown:
- Proactive Inspections: Buildings will be inspected based on a range of factors, including permit history, building age, violation history, and other safety-related criteria.
- Data-Driven: The Department of Buildings (DOB) will use predictive analytics to identify properties that may have safety concerns, such as unpermitted work, structural issues, or maintenance problems.
- Corrective Action Plans: If a building is found to have safety violations, owners will need to submit a plan, signed and sealed by a licensed professional, to fix these issues within 30 days.
Let’s dive into what this means for you and your building.
What is the Proactive Inspection Program?
The Proactive Inspection Program allows the DOB to proactively inspect buildings, even if no complaints have been filed. This initiative is designed to catch potential hazards before they escalate. The DOB will use predictive analytics to evaluate buildings based on several factors, including:
- Building characteristics: Age, materials, occupancy type, and ownership type.
- Permit history: Any past unpermitted or unlicensed work.
- Violation history: Past safety or building code violations.
- Compliance filings: Whether the building is up-to-date with required filings (e.g., facade inspections).
- Disciplinary history: The record of registered design professionals, contractors, or licensees involved with the building.
- 311 complaints: Any relevant tenant or community complaints.
- Neighboring construction activity: The impact of nearby construction on your building.
If your building is flagged based on these factors, it could be inspected for issues like unlicensed work, structural concerns, or maintenance problems.
Required Corrective Action Plans and Potential Violations
If the DOB finds unsafe conditions during a proactive inspection, building owners will be required to submit a Corrective Action Plan within 30 days of notification. This plan must be prepared by a licensed registered design professional in good standing with both the DOB and the New York State Department of Education. The plan must include:
- Photos and documentation of each identified issue.
- A repair timeline to fix the problems.
- A detailed explanation of how the building will be brought back into compliance.
Failure to submit or comply with the corrective action plan can result in the issuance of a notice of violation from the Department of Buildings. These violations could lead to fines, additional inspections, and further penalties until the required repairs are completed and approved.
The DOB may also charge fees for reviewing corrective action plans and conducting follow-up inspections. Additionally, building owners will be required to post a notice in a conspicuous location (e.g., the building lobby) that informs tenants of the unsafe conditions identified during the inspection. These notices must be made available in all designated citywide languages upon request.
By staying on top of maintenance and ensuring all repairs are addressed in a timely manner, building owners can avoid these potential violations and the associated costs.
Public Notices for Tenants
Transparency is a key aspect of Local Law 79 of 2024. If your building is inspected and found to have violations, you’ll be required to post a notice in the lobby. This notice must inform tenants of the unsafe conditions found during the proactive inspection. The law specifies that these notices will be made available in multiple languages, and upon request, in all designated citywide languages.
Preparing for Proactive Inspections
To avoid being caught off guard by these inspections, it’s essential to stay proactive about your building’s compliance status. This means making sure that:
- Facade inspections are up-to-date, especially if your building falls under the city’s FISP (Facade Inspection Safety Program) requirements.
- Permits for any construction or repair work are valid and correctly filed.
- Any previous violations have been corrected, and the appropriate filings have been submitted.
- Ongoing maintenance issues like water infiltration, roof leaks, or damaged facades are addressed before they worsen.
These proactive steps can help you avoid potential violations for issues such as unlicensed or unpermitted work, structural deficiencies, or overdue compliance filings.
Common Maintenance Problems That Could Lead to Violations
Under Local Law 79 of 2024, inspections may uncover maintenance problems that pose a safety risk. These could include:
- Water infiltration from leaks or improper sealing, which can cause structural damage.
- Outdated or malfunctioning building systems like electrical, HVAC, or plumbing that are no longer up to code.
- Cracked or damaged facades that could signal more serious structural concerns.
- Faulty fire safety systems, including non-functioning alarms or sprinklers.
It’s important to stay on top of these issues to avoid hefty fines or repair costs after an inspection.
How Building Owners Can Avoid Costly Violations Under Local Law 79
With Local Law 79 of 2024 now in effect, building owners need to take proactive steps to keep their properties compliant with all city regulations. Reviewing your building’s compliance status—including permits, facade inspections, and safety systems—is key to avoiding violations or unplanned inspections.
Potential violations under this law could include:
- Unpermitted or unlicensed construction work.
- Structural risks, such as foundation problems or facade damage.
- Safety concerns related to poor maintenance, such as water infiltration or fire safety issues.
- Non-compliance with required inspections, filings, or maintenance regulations.
By addressing these risks today, you’ll be in a better position to avoid unplanned inspections, fines, and costly corrective action plans. Stay informed, stay compliant, and keep your building safe to successfully navigate these new regulations.
To read the full text of Local Law 79 of 2024 and understand its detailed requirements, you can access the official document here.
