Proposed Rules for Issuance of Orders for Repair of Underlying Conditions
Proposed Rules: Closed to Comments
STATEMENT OF BASIS AND PURPOSE
Administrative Code §27-2091 was recently amended by Local Law #6 of 2013 to provide that the Department of Housing Preservation and Development (HPD) may issue an order requiring a building owner to correct underlying conditions in a building that have caused or are causing a violation of the Housing Maintenance Code or of other State and local laws that impose requirements on dwellings.
The legislation authorizes HPD to set the criteria used to select buildings for issuance of such orders to correct underlying conditions. The proposed rules target buildings that have recurring violations caused by infrastructure problems, where an owner repeatedly performs cosmetic repairs rather than addressing the underlying cause. The criteria proposed in this rule are intended to focus on buildings that have recurring water leak and mold violations where owners have failed to address the impaired building system that is causing those violations. HPD expects to identify and issue these orders to approximately 50 such buildings per year, giving priority to buildings based on the number and severity of violations. HPD will not issue orders to one- or two- family buildings or to certain buildings that are subject to other enforcement actions by HPD or that may be the subject of a loan from HPD.
Under the legislation, an owner has a four-month window from the date of issuance of the order to correct the underlying conditions and remove violations from HPD's records. Owners may request a two-month extension by submitting specific documentation identifying the underlying condition and showing that the required work will be completed within the extended time period.
The rules also specify the process for an owner to have a building removed from the program through submission of proof of infrastructure repair and dismissal of violations, leading to the rescission of HPD's order. The Department may also rescind an order if the building is subject to another enforcement action by HPD or is the subject of a loan from HPD, or if the repair work was completed by HPD.