The Department of Buildings recently released a new Local Law which amends the Administrative code of the city of New York, in relation to the tenant protection plan (TPP) and penalties for making false statements on Tenant Protection Plans for certain construction projects. The TPP is prepared by a registered design professional for the alteration, construction or partial demolition of buildings in which any dwelling unit will be occupied during construction. This includes newly constructed buildings that are partially occupied when work is ongoing. These documents must be site specific and must comply with all applicable laws and regulations. At a minimum, the TPP shall demonstrate specific provisions for the following:
- Egress.At all times in the course of construction provision shall be made for adequate egress as required by this code and the tenant protection plan shall identify the egress that will be provided. Required egress shall not be obstructed at any time except where approved by the commissioner.
- Fire Safety.All necessary laws and controls, including those with respect to occupied dwellings, as well as additional safety measures necessitated by the construction shall be strictly observed.
- Health Requirements.Specification of methods to be used for control of dust, disposal of construction debris, pest control and maintenance of sanitary facilities, and limitation of noise to acceptable levels shall be included. 3.1. There shall be included a statement of compliance with applicable provisions of law relating to lead and asbestos.
- Compliance with Housing Standards.The requirements of the New York City Housing Maintenance Code, and, where applicable, the New York State Multiple Dwelling Law shall be strictly observed.
- Structural Safety.No structural work shall be done that may endanger the occupants.
- Noise Restrictions.Where hours of the day or the days of the week in which construction work may be undertaken are limited pursuant to the New York City noise control code, such limitations shall be stated.
- Maintaining Essential Services. Describe the means and methods to be used for maintaining heat, hot water, cold water, gas, electricity, or other utility services in accordance with the requirements of the New York City Housing Maintenance Code. Specify if a disruption of any such service is anticipated during the work, including anticipated duration of such disruption and the means and methods to be employed to minimize such disruption, including the provision of sufficient alternatives for such service during such disruption.
As per Local Law 118, violation of section 28-211.1 (False statements in certificates, forms, written statements, applications, reports, or certificates of correct) or failure to submit a tenant protection plan will result in a minimum civil penalty/fine of $10,000 for a first offense, and no less than $25,000 for each subsequent offense.
The full local law can be found here.