New York City Council Header
File #: Int 1171-2018    Version: Name: Identifying unlawful statements in submissions to the DOB.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 10/17/2018
Enactment date: 6/8/2019 Law number: 2019/107
Title: A Local Law to amend the administrative code of the city of New York, in relation to identifying unlawful statements in submissions to the department of buildings
Sponsors: Ritchie J. Torres, The Public Advocate (Mr. Williams), Keith Powers , Carlina Rivera , Ben Kallos, Margaret S. Chin, Rory I. Lancman, Helen K. Rosenthal, Diana Ayala
Council Member Sponsors: 9
Summary: This bill would (a) require the Department of Buildings (DOB) and the Department of Finance (DOF) to share information in order to identify cases of false statements regarding occupied and rent-regulated housing; (b) require DOB to request information from the Division of Housing & Community Renewal (DCHR) to identify false statements regarding occupied and rent-regulated housing; (c) require DOB to conduct an audit of an owner’s whole portfolio of properties using information obtained from DOF if the owner has been caught either failing to obtain a building permit or submitting false statements regarding occupied and rent-regulated housing on an application for a building permit; (d) require DOB to audit 25% of buildings on the Department of Housing Development and Preservation’s speculation watch list for their compliance with building permit requirements on an annual basis; and (e) require DOB to audit the whole portfolio of owners who have an unusually high number of amended building permits that indicate a change in occupancy, a change in whether the building contains rent-regulated units, or a change that would require the owner to submit an application for a new permit to the department. When DOB has made a finding that an owner made a false statement, the bill would also require DOB to: (a) send written notice to the NYC Council, the Department of Investigations, the Division of Housing and Community Renewal, and the Tenant Protection Unit; (b) refer the matter to the relevant District Attorney and the Attorney General for potential criminal prosecution; and (c) report on the punitive actions it took in every case in which it found evidence of a falsified application for a building permit.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 1171-A, 2. Summary of Int. No. 1171, 3. Int. No. 1171, 4. October 17, 2018 - Stated Meeting Agenda with Links to Files, 5. Committee Report 12/13/18, 6. Hearing Testimony 12/13/18, 7. Hearing Transcript 12/13/18, 8. Proposed Int. No. 1171-A - 5/7/19, 9. Committee Report 5/7/19, 10. Hearing Transcript 5/7/19, 11. Committee Report - Stated Meeting, 12. Hearing Transcript - Stated Meeting 5-8-19, 13. Int. No. 1171-A (FINAL), 14. Fiscal Impact Statement, 15. Legislative Documents - Letter to the Mayor, 16. Local Law 107, 17. Minutes of the Stated Meeting - May 8, 2019
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/11/2019ARitchie J. Torres City Council Returned Unsigned by Mayor  Action details Meeting details Not available
6/8/2019ARitchie J. Torres Administration City Charter Rule Adopted  Action details Meeting details Not available
5/8/2019ARitchie J. Torres City Council Sent to Mayor by Council  Action details Meeting details Not available
5/8/2019ARitchie J. Torres City Council Approved by CouncilPass Action details Meeting details Not available
5/7/2019*Ritchie J. Torres Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
5/7/2019*Ritchie J. Torres Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
5/7/2019*Ritchie J. Torres Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
5/7/2019ARitchie J. Torres Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
12/13/2018*Ritchie J. Torres Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
12/13/2018*Ritchie J. Torres Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
10/17/2018*Ritchie J. Torres City Council Referred to Comm by Council  Action details Meeting details Not available
10/17/2018*Ritchie J. Torres City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1171-A

 

By Council Members Torres, the Public Advocate (Mr. Williams), Powers, Rivera, Kallos, Chin, Lancman, Rosenthal and Ayala

 

A Local Law to amend the administrative code of the city of New York, in relation to identifying unlawful statements in submissions to the department of buildings

 

Be it enacted by the Council as follows:

 

Section 1. Section 28-211.1 of the administrative code of the city of New York, as added by local law number 141 for the year 2013, is amended by adding new sections 28-211.1.3 and 28-211.1.4 to read as follows:

§ 28-211.1.3 Notification to other government agencies. Where the department makes a determination that a person has violated section 28-211.1, the department shall send written notice to the council, the department of investigation, New York state division of housing and community renewal and the state tenant protection unit, and shall refer such finding to the district attorney of the county in which the property is located and the state attorney general.

 

§ 28-211.1.4. Reporting.  By no later than January 30 of each year, the department shall submit a report to the mayor and to the speaker of the council that indicates the actions it took in every instance in which it made a determination that a person had violated section 28-211.1.

 

§ 2. Article 211 of title 28 of the administrative code of the city of New York, as added by local law number 141 for the year 2013, is amended by adding a new section 28-211.3 to read as follows:

§ 28-211.3 Identifying unlawful statements. The department, in coordination with the department of finance, shall collect information from the department of finance regarding occupied and rent regulated buildings to identify violations of section 28-211.1. The department shall also request information from the New York state division of housing and community renewal regarding occupied and rent regulated buildings to identify violations of section 28-211.1.

 

§ 28-211.3.1 Required audits. If the department determines that a person has violated section 28-211.1, or that the person has performed work in violation of section 28-105.1 in a building that is occupied as a dwelling, the department shall conduct an audit of filings for all buildings owned by such person and located in the city to determine if other violations of 28-211.1 have occurred with respect to other buildings owned by such person. If more than five amendments to approved construction documents have been submitted to the department within a six month period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in whether the building contains occupied housing accommodations subject to rent control or rent stabilization under chapters 3 and 4 of title 26 of the code or (iii) a change that would require the person to submit an application for a new permit to the department,  the department shall conduct an audit of all properties owned by such person and located in the city to determine if any statements were made that are unlawful pursuant to section 28-211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the watch list established by article 3 of subchapter 4 of chapter 2 of title 27 for compliance with building permit requirements, including whether section 28-211.1 has been violated.

 

§ 3. This local law takes effect 180 days after it becomes law, except that the commissioner of buildings may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

 

CCF/GZ/APB

LS 5723

4/10/19 4:30pm