Amendments to Rules Governing the Alternative Enforcement Program
Proposed Rules: Closed to Comments (View Public Comments Received:1)
Under the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies the most distressed buildings in need of repair and systems replacement, and monitors the progress of owners towards correcting Housing Maintenance Code violations or corrects the violations itself. Pursuant to section 27-2153 of the New York City Administrative Code, HPD is authorized to revise the criteria used to select buildings for participation in the program and does so in Chapter 36 of Title 28 of the Rules of the City of New York.
The proposed rules amend those criteria to increase the look-back period from three years to five years for violations and paid or unpaid emergency repair charges. The look-back period is the interval of time in the past during which violations or charges accrued, for the purposes of identifying buildings for participation in the AEP. The increase would apply beginning in the eighth year of the program.
Distress in a building can be acute or the result of a long period of neglect. The current look-back period allows HPD to identify buildings experiencing acute or short term distress. The proposed changes will allow HPD to also include in the AEP buildings experiencing a slow but steady decline in conditions over time. The changes will also increase the cost effectiveness of the AEP by addressing conditions before they become acute and more expensive to correct.