permanent residential apartment space Subscribe to RSS - permanent residential apartment space

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board held a public hearing on December 18, 2012 regarding amendments to its Department of Buildings (DOB) Penalty Schedule. This schedule is found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). One member from the public and a representative from DOB attended the public hearing and the DOB representative testified at the public hearing on the proposed rule. No written comments were received. The Board has considered the testimony from DOB and has revised the “Violation Description” in the entry for 28-202.1 within Section 2 of the Rule to read as follows: “Additional daily penalty for Class 1 violation of 28-210.3- permanent dwelling offered/used/converted for other than permanent residential purpose(s)” instead of “Additional daily penalty for Class 1 violation of 28-210.3- permanent dwelling to other than permanent residential purposes.”

 

These amendments will create penalties for certain sections of the New York City Building Code, Administrative Code, and RCNY in order to better enforce these provisions.

 

On October, 2, 2012, the Mayor signed Int. 404-A of 2010 into law. This new law:

·         amended article 210 of chapter two of title 28 of the Administrative Code by adding a new section 28-210.3; and

·         amended section 28-201.2.1 of the Administrative Code by adding a new item 16.

 

Section 1. Permanent Dwelling Offered/Used/Converted for other than Permanent Residential Purpose(s)

 

Section 28-210.3 makes it illegal to offer, use or convert a permanent residential apartment space for use other than a permanent residence, such as converting the space for use as a hotel. These illegal conversions contribute to an already extremely low rental vacancy rate across the City and create significant health and safety concerns for legal permanent residents.

 

The law also amended Section 28-201.2.1 of the New York City Administrative Code making the offering, use or conversion of:

·         more than one residential unit in a building, or

·         a second or subsequent violation by the same person at the same unit or multiple dwelling,

 

a per se Immediately Hazardous (Class 1) violation. Class 1 violations carry higher penalties, including per day penalties (see Section 2). A first notice of violation for the conversion of only one dwelling unit will be issued as a Class 2 Major Violation.

 

Section 2. Additional Daily Penalty for Class 1 Violation of 28-210.3 - Permanent dwelling offered/used/converted for other than permanent residential purpose(s)

 

Additional and separate daily civil penalties for Class 1 violations, as specified in section 28.202.1, may be imposed above the flat penalty for each continued and uncorrected Immediately Hazardous (Class 1) violation. Additional daily penalties deter illegal conversions and help keep rental apartments on the market for permanent tenants. Pursuant to 1 RCNY 102-01, a daily penalty, at a rate of $1,000 per day, will be imposed for a total of forty-five days running from the date of the Commissioner’s order to correct the violation within the notice of violation (NOV). If the person charged with the violation proves at a hearing that the violating condition(s) has been corrected prior to the end of that forty-five day period, the penalty imposed will be the amount accrued up to and including the date of the proved correction.

 

 

Effective Date: 
Fri, 03/29/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, December 18, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Environmental Control Board proposes to amend its Department of Buildings (DOB) Penalty Schedule. This schedule is found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The proposed amendments will create penalties for certain sections of the New York City Building Code, Administrative Code, and RCNY in order to better enforce these provisions.

 

On October, 2, 2012, the Mayor signed Int. 404-A of 2010 into law. This new law:

  • amends article 210 of chapter two of title 28 of the Administrative Code by adding a new section 28-210.3; and
  • amends section 28-201.2.1 of the Administrative Code by adding a new item 16.

 

Section 1. Permanent Dwelling Offered/Used/Converted for other than Permanent Residential Purpose(s)

 

Section 28-210.3 makes it illegal to offer, use or convert a permanent residential apartment space for use other than a permanent residence, such as converting the space for use as a hotel. These illegal conversions contribute to an already extremely low rental vacancy rate across the City and create significant health and safety concerns for legal permanent residents.

 

The law also amends Section 28-201.2.1 of the New York City Administrative Code making the offering, use or conversion of:

  • more than one residential unit in a building, or
  • a second or subsequent violation by the same person at the same unit or multiple dwelling,

a per se Immediately Hazardous (Class 1) violation. Class 1 violations carry higher penalties, including per day penalties (see Section 2). A first notice of violation for the conversion of only one dwelling unit will be issued as a Class 2 Major Violation.

 

Section 2. Additional Daily Penalty for Class 1 Violation of 28-210.3 - Permanent Dwelling to other than Permanent Residential Purpose(s)

 

Additional and separate daily civil penalties for Class 1 violations, as specified in section 28.202.1, may be imposed above the flat penalty for each continued and uncorrected Immediately Hazardous (Class 1) violation. Additional daily penalties deter illegal conversions and help keep rental apartments on the market for permanent tenants. Pursuant to 1 RCNY 102-01, a daily penalty, at a rate of $1,000 per day, will be imposed for a total of forty-five days running from the date of the Commissioner’s order to correct the violation within the notice of violation (NOV). If the person charged with the violation proves at a hearing that the violating condition(s) has been corrected prior to the end of that forty-five day period, the penalty imposed will be the amount accrued up to and including the date of the proved correction.

 

Subject: 

Opportunity to comment on the proposed rule regarding penalties for offenses adjudicated by the Environmental Control Board (ECB) related to fines for illegal conversions of dwelling units from permanent residences.

Location: 
Environmental Control Board (ECB)
66 John Street, 10th Floor, Conference Room
New York, NY 10038
Contact: 

James Macron
Counsel to the Board
ECB
66 John Street, 10th Floor
New York, N.Y. 10038
(212) 361-1515

Download Copy of Proposed Rule (.pdf):