Int. No. 1409
By Council Members Torres, Rosenthal, Menchaca, Salamanca, Cornegy, Gentile and Richards (by request of the Brooklyn Borough President)
A Local Law to amend the administrative code of the city of New York, in relation to the installation of temperature reporting devices in multiple dwellings.
Be it enacted by the Council as follows:
Section 1. Article 11 of subchapter 2 of chapter 2 of title 27 of the administrative code of the city of New York is amended by adding a new section 27-2046.3 to read as follows:
§ 27-2046.3 Duties of owner and occupant with respect to installation and replacement of internet capable temperature reporting devices in class A multiple dwellings. a. For the purposes of this section, an “internet capable temperature reporting device” means a device, resistant to tampering, capable of reading the indoor air temperature not less than once per hour and, either by itself or in combination with another device, recording or reporting such temperatures, along with the date and time for not less than the prior ninety days, in such a manner that the information would be accessible through an ordinary internet connection or displayed through other means when no such connection is present, for the viewing of both tenants and property owners.
b. It shall be the duty of the owner of a class A multiple dwelling to:
(1) provide and install one or more approved and operational internet capable temperature reporting devices in each living room of each dwelling unit. Such devices shall be installed pursuant to rules promulgated by the commissioner;
(2) replace any internet capable temperature reporting device which has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupancy prior to the commencement of a new occupancy of a dwelling unit;
(3) replace such internet capable temperature reporting device within thirty days after the receipt of written notice that such device has become inoperable due to a defect in the manufacture or installation of such device and through no fault of the occupant of the dwelling unit; and
(4) maintain such records as the commissioner shall prescribe by rule relating to the installation and maintenance of such internet capable temperature reporting devices and make such records available to the commissioner upon request.
c. It shall be solely the duty of the occupant of each dwelling unit in a class A multiple dwelling in which an internet capable temperature reporting device has been provided and installed by the owner of this section to:
(1) keep and maintain such device in good repair; and
(2) replace any and all internet capable temperature reporting devices which are stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit.
c. Except as otherwise provided in paragraphs two and three of subdivision b of this section, an owner of a class A multiple dwelling who has provided and installed an internet capable temperature reporting device in a dwelling unit pursuant to this section shall not be required to keep and maintain such device in good repair or to replace any such device which is stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit.
d. The owner may charge the occupant of a dwelling unit in which an internet capable temperature reporting device is newly installed or replaced by the owner pursuant to this section a maximum of fifty dollars for the cost of each such device. The occupant shall have one year from the date of installation to make such reimbursement.
§ 2. This local law shall take effect on January 1, 2018, except that the commissioner of housing preservation and development shall take all actions necessary for its implementation, including the promulgation of rules, prior to such effective date.
BJR
LS 2418
11/30/16 6:43PM