Violation classification (Illegal hotels)
Proposed Rules: Closed to Comments
STATEMENT OF BASIS AND PURPOSE
These rule amendments are proposed pursuant to the authority of the Commissioner ofBuildings under sections 643 and 1043(a) of the New York City Charter and sections 28- 201.2, 28-201.2.1, and 28-202.1 of the New York City Administrative Code, and inaccordance with section 28-210.3 of the Administrative Code.
Local Law 45 of 2012 makes it illegal to use, occupy, convert, or offer or permit the use ofa permanent residential apartment space for other than permanent residence purposes.Such illegal uses include but are not limited to converting a permanent residence into ashort-stay hotel room. Local Law 45 also directs that illegal conversions that involve morethan one residential unit or a second or subsequent violation by the same person at thesame unit or multiple dwelling are to be classified as immediately hazardous (Class 1)violations.
The proposed amendments:
· Add two new entries for violations of section 28-210.3: the first classifies a violationinvolving more than one unit or a second or subsequent violation as animmediately hazardous (Class 1) violation; the second classifies a first violationinvolving one dwelling unit as a major (Class 2) violation.
· Add a new, additional daily penalty for Class 1 violations of section 28-210.3 .