Int. No. 60
By Council Member Cornegy
A Local Law to amend the administrative code of the city of New York, in relation to the creation of an on-site compliance consultation program for multiple dwellings
Be it enacted by the Council as follows:
Section 1. Subchapter 2 of chapter 2 of title 27 of the administrative code of the city of New York is amended by adding a new article 15 to read as follows:
ARTICLE 15
ON-SITE COMPLIANCE CONSULTATION PROGRAM FOR MULTIPLE DWELLINGS
§ 27-2056.19 On-site compliance consultation program for multiple dwellings.
§ 27-2056.20 Violations discovered as a result of on-site compliance consultations.
§ 27-2056.21 On-site compliance consultation requested following issuance of a violation.
§ 27-2056.22 Fee.
§ 27-2056.19 On-site compliance consultation program for multiple dwellings. a. Definitions. For the purposes of this article, the term “eligible violation” means (i) a violation which is set forth in rule by the department as eligible for the on-site compliance consultation program for multiple dwellings and (ii) a non-hazardous violation of this chapter.
b. The commissioner shall develop an on-site compliance consultation program for multiple dwellings. Under such program, the department shall, upon request of an owner of a multiple dwelling, perform an on-site consultation in order to ensure that such multiple dwelling is in compliance with this code and any rules promulgated thereunder. Such program shall also allow a multiple dwelling owner who receives an eligible violation to have the penalties for such violation waived if they request such an on-site consultation.
§ 27-2056.20 Violations discovered as a result of on-site compliance consultations. Where an owner of a multiple dwelling requests an on-site compliance consultation such consultation shall not result in violations being issued. Upon completion of an on-site compliance consultation, the inspector shall review the results with the owner and advise such owner of potential violations and how to remedy such violations. If such owner is issued a violation for any condition which was or reasonably should have been identified during the on-site compliance consultation within 60 days after such consultation, the civil penalties for such violation shall be waived.
§ 27-2056.21 a. On-site compliance consultation requested following issuance of a violation. An owner may contact the department of housing preservation and development to request an on-site compliance consultation following the issuance of an eligible violation. Such owner may, as a result of requesting such on-site compliance consultation following the issuance of an eligible violation, request, in a form or manner to be provided or approved by the commissioner of housing preservation and development, that any civil penalties imposed in connection with such violation be waived. In order to be eligible to have civil penalties for an eligible violation waived, an owner must cure all violations issued before and potential violations discovered during an on-site compliance consultation. Such request shall be available to owners no more than once every five years.
b. An owner who fails to cure all violations issued before and potential violations discovered during an on-site compliance consultation within 60 days of requesting such on-site compliance consultation for the purposes of having eligible violations waived shall have the original civil penalty or penalties reinstated and doubled.
§ 27-2056.22 Fee. The department may charge a fee to cover such on-site compliance consultations which shall be set by rule.
§ 2. This local law takes effect 180 days after it becomes law, except that the commissioner of housing preservation and development may take such actions as are necessary for its implementation, including the promulgation of rules, before such date.
GP/JJ
LS #9767/Int. 1507-2017
LS #936 12/28/2017 6:05 PM