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Adopted Rules: Closed to Comments

Adopted Rules Content: 

NOTICE OF ADOPTION OF FINAL RULES RELATING TO THE CHANGE OF CRITERIA FOR THE REMOVAL OF DERELICT BICYCLES FROM PUBLIC PROPERTY

 

NOTICE IS HEREBY GIVEN in accordance with the requirements of Section 1043 of the New York City Charter and pursuant to the authority vested in the Commissioner of the Department of Sanitation by sections 753 of the New York City Charter and sections 16-122 and 16-128 of the New York City Administrative Code that the Department adopts the following rule relating to the change of criteria for the removal of derelict bicycles from public property.  The Department published a Notice of Opportunity to Comment on the proposed rule in the City Record on July 6, 2016.  On August 9, 2016, the Department held a public hearing on the proposed rule.  

 

Statement of Basis and Purpose of Rule

 

The Department of Sanitation (“DSNY”) is amending its rule for the removal of derelict bicycles from public property by:

1) reducing the requirements of derelict condition from a minimum of three characteristics to a minimum of two characteristics,

2) removing flat or missing tires as a derelict condition characteristic, and

3) changing the minimum amount of rust cover from 75 percent to 50 percent.

 

DSNY’s authority for these rules is found in sections 753 (a) and (b) of the New York City Charter and by sections 16-122 and 16-128 of the New York City Administrative Code

 

 

Effective Date: 
Sun, 09/25/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 9, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Sanitation (“DSNY”) proposes to amend its rule for the removal of derelict bicycles from public property by:

1.) reducing the requirements of derelict condition from a minimum of three characteristics to a minimum of two characteristics,

2.) removing flat or missing tires as a derelict condition characteristic, and

3.) changing the minimum amount of rust cover from 75 percent to 50 percent.

DSNY’s authority for these rules is found in sections 753 (a) and (b) of the New York City Charter and by sections 16-122 and 16-128 of the New York City Administrative Code

Subject: 

Change of Criteria for the Removal of Derelict Bicycles from Public Property

Location: 
Conference Room
125 Worth Street Room 819
New York, NY 10013
Contact: 

Madelynn Liguori (646) 885-4786

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by increasing the threshold for boiler registrations from 2.8 million btu (mbtu) per hour to 4.2 mbtu per hour. In order to ensure that boilers that range from 2.8 mbtu per hour to 4.2 mbtu per hour are still subject to certain standards, including a combustion efficiency test, modified standards have been established in a new Section 2-05 (“Application for Registrations”). This newly created section sets forth the criteria that a registration that ranges from 2.8 mbtu per hour to 4.2 mbtu per hour must meet.

This rule also requires that these registrations are subject to the field verification process requirements set forth in Section 2-06.

Consistent with the above, DEP has amended Chapter 2 of Title 15 of the Rules of the City of New York, to apply certain standards for boilers that range from 2.8 mbtu per hour to 4.2 mbtu per hour, which were previously defined as certificates of operation and are now defined as registrations. Subjecting these boilers to the performance requirements set forth in this section will help to regulate and control emission sources.

The Rule is authorized by Section 1043 of the Charter of the City of New York and sections 24-105, and 24-109(b) of the Administrative Code.

Effective Date: 
Mon, 06/13/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

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.  Local Law 64 of 2014 amended section 27-2153 by increasing the number of buildings that will participate in the AEP annually to 250, and authorizing HPD to set the criteria for participation by rule.

In 2016, the ninth year of the program, and for each succeeding year, the adopted rules specify the number of housing maintenance code violations issued and the amount of paid or unpaid emergency repair charges incurred during a look-back period that result in a property being considered for inclusion in the AEP.   The look-back period is the interval of time in the past during which violations were issued or charges accrued.

The adopted rules also add criteria for prioritizing buildings for participation, and for adding buildings when the initial criteria do not yield a total of 250 buildings.  The rules also define the term “rehabilitation” for the purpose of implementing the authority under the law to exclude buildings from the AEP that are the subject of a rehabilitation loan made by HPD or the New York City Housing Development Corporation.  The rules also exclude buildings that were formerly in the AEP and discharged in the past three years as a result of work performed by HPD.

Effective Date: 
Mon, 10/05/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 20, 2015
Proposed Rules Content: 

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.  Local Law 64 of 2014 amended section 27-2153 by increasing the number of buildings that will participate in the AEP annually to 250, and authorizing HPD to set the criteria for participation by rule.

In 2016, the ninth year of the program, and for each succeeding year, the proposed rules specify the number of housing maintenance code violations issued and the amount of paid or unpaid emergency repair charges incurred during a look-back period that result in a property being considered for inclusion in the AEP.   The look-back period is the interval of time in the past during which violations were issued or charges accrued.

The proposed rules also add criteria for prioritizing buildings for participation, and for adding buildings when the initial criteria do not yield a total of 250 buildings.  The rules also define the term “rehabilitation” for the purpose of implementing the authority under the law to exclude buildings from the AEP that are the subject of a rehabilitation loan made by HPD or the New York City Housing Development Corporation.  The rules also exclude buildings that were formerly in the AEP and discharged in the past three years as a result of work performed by HPD.

Subject: 

.Amendments to Rules Governing the Alternative Enforcement Program

Location: 
NYC Department of Housing Preservation & Development
100 Gold Street Room 5R1
New York, NY 10038
Contact: 

Assistant Commissioner Grace DeFina

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

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 adopted 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 adopted changes 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.  

Effective Date: 
Wed, 11/26/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, December 21, 2012
Proposed Rules Content: 

  

 

STATEMENT OF BASIS AND PURPOSE

 

 

Under the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies distressed buildings in need of repair and systems replacement, and monitors progress by owners towards correction of Housing Maintenance Code violations, or undertakes correction of the violations itself. The New York City Council recently amended Administrative Code §27-2153 to authorize HPD to set the criteria used to select buildings for the program. As a result, HPD is amending the AEP rules to include these new criteria. The selection of the criteria is based upon five years of experience in enforcing the AEP. The new criteria are intended to better target buildings likely to benefit from inclusion in the AEP, use agency resources more effectively to improve the positive outcome for these buildings, increase the cost effectiveness of the AEP, and prevent buildings from reentering the program at a later date. An analysis of the effect of selection criteria on the inventory of buildings entering the program is set forth in HPD's report entitled, ''The Alternative Enforcement Program: 5 Year Report: 2007-2012," available on HPD's website. New criteria will be used for identifying buildings for participation in the program beginning January 31, 2013.

 

 

 

Subject: 

Opportunity to comment on amendments to rules relating to the Alternative Enforcement Program

Location: 
100 Gold Street, Room 5R2
New York, NY 10038
Contact: 

Assistant Commissioner Grace DeFina
100 Gold Street, Room 4C1
NY NY 10038

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

Under the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies distressed buildings in need of repair and systems replacement, and monitors the progress by owners towards correction of Housing Maintenance Code violations, or undertakes correction on the violations itself. The New York City Council recently amended Administrative Code §27-2153 to authorize HPD to set the criteria used to select buildings for the program. As a result HPD is amending the AEP rules to include these new criteria. The selection of the criteria is based upon five years of experience in enforcing the AEP. The new criteria is intended to better target buildings likely to benefit from inclusion in the AEP, use agency resources more effectively to improve the positive outcome for these buildings, increase the cost effectiveness of the AEP, and prevent buildings from reentering the program at a later date. An analysis of the effect of selection criteria on the inventory of building entering the program is set forth in HPD’s report entitled, “The Alternative Enforcement program: 5 Year Report 2007-2012,” available on HPD’s website. New criteria will be used for identifying buildings for participation in the program beginning January 31, 2013.

 

Effective Date: 
Sun, 01/27/2013