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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 1, 2017
Proposed Rules Content: 

HPD provides relocation services to tenants whose buildings have been issued a vacate order. Amendments to Administrative Code § 26-301, made by Local Laws 14 and 16 of 2017 effective August 14, 2017, will eliminate the agency’s requirement that affected tenants must apply for relocation services within 90 days after a vacate order is issued, and clarify that affected tenants may apply for relocation services at any time while a law, regulation or order is in place which requires occupants to vacate the building. Consistent with these local laws, the proposed rule also: • requires potential relocatees, after receiving notification of confirmed eligibility for relocation services, to notify HPD in writing within 30 days whether they accept relocation services, • amend the relocation services that the agency may provide, and makes those services dependent on the circumstances and timing of the relocatee’s displacement, • provide that a relocatee will only be eligible once for such services • incorporate local law amendments regarding documentation that may be submitted to confirm occupancy of the vacated building, and • provide information regarding how to appeal the agency’s decision when relocation services are denied.

Subject: 

.Amendments to Rules Relating to Relocation Services

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

Assistant Commissioner Vivian Louie

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (“ECB”) has  modified  the ECB Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law.

 

The ECB held a public hearing on November 10, 2015 regarding amendments to its Department of Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOB attended the public hearing. No written comments or oral testimony concerning this Proposed Rule were received at the November 10, 2015 public hearing. 

 

The 2014 updates to the NYC Construction Codes amended the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code, and brought these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

 

The updates amended existing requirements, added new requirements and renumbered existing sections of these Codes. The Buildings Penalty Schedule has been amended to reflect some of these changes. The rule amends the Buildings Penalty Schedule by:

·      

updating sections of law for certain violations (“Failure to provide pedestrian protection for sidewalks and walkways,” “New building or open lot occupied without a valid certificate of occupancy,” and “Failure to obey a vacate order”),

·      

updating descriptions for certain violations (“New building or open lot occupied without a valid certificate of occupancy” and “Failure to obey a vacate order”), 

·      

deleting one existing violation (“Use of supported scaffold without a scaffold user certificate”), and

·      

adding one new violation (“Scaffold training certificate card not readily available for inspection”).

 

Penalty amounts for all existing violations remain unchanged. All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1 of the New York City Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violation) -$500,

Class 2 (major violation) - $10,000, and

Class 1 (immediately hazardous violation) - $25,000.

 

Eligible Class 2 (major) violations, and all Class 3 (lesser) violations, are indicated as curable in the penalty schedule.

 

Effective Date: 
Sun, 01/10/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 10, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The New York City Environmental Control Board (“ECB”) is proposing a rule that would modify the Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law.

 

The 2014 updates to the NYC Construction Codes amended the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code, and brought these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

 

The updates amended existing requirements, added new requirements and renumbered existing sections of these Codes. The Buildings Penalty Schedule needs to be amended to reflect some of these changes. The proposed rule amends the Buildings Penalty Schedule by:

·       updating sections of law for certain violations (“Failure to provide pedestrian protection for sidewalks and walkways,” “New building or open lot occupied without a valid certificate of occupancy,” and “Failure to obey a vacate order”),

·       updating descriptions for certain violations (“New building or open lot occupied without a valid certificate of occupancy” and “Failure to obey a vacate order”), 

·       deleting one existing violation (“Use of supported scaffold without a scaffold user certificate”), and

·       adding one new violation (“Scaffold training certificate card not readily available for inspection”).

 

Penalty amounts for all existing violations remain unchanged. All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1 of the New York City Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violation) -$500,

Class 2 (major violation) - $10,000, and

Class 1 (immediately hazardous violation) - $25,000.

 

Eligible Class 2 (major) violations, and all Class 3 (lesser) violations, are indicated as curable in the penalty schedule.

 

 

Subject: 

Proposed Rule regarding the amendment of ECB's Buildings Penalty Schedule reflecting recent construction code amendments.

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

Elizabeth Nolan at (212) 436-0708 or Jim Macron at (212) 436-0602

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The adopted rules repeal former §18-01 and provide for a new §18-01 regarding the Department of Housing Preservation and Development providing relocation services. Tenants who live in dwelling units that are the subject of a vacate order by a City agency may be eligible to receive relocation services, such as temporary shelter, moving expenses and storage services.

 

The proposed rules:

 

· Update and clarify eligibility for such services;

· Set forth the requirements for relocated persons to continue to be eligible for them; and

· Outline the circumstances under which such services may be terminated.

Effective Date: 
Mon, 07/20/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

ECB’s rule has modified the Buildings Penalty Schedule, in order to adequately enforce existing laws and rules and reflect changes brought about by Local Law 141 (LL 141), which went into effect on December 31, 2014.  LL 141 amended the Administrative Code of the City of New York (“Administrative Code”), the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code.  LL 141 amended existing requirements, added new requirements, and renumbered existing sections of the affected codes.  In addition, unrelated to LL 141, ECB has modified the Buildings Penalty Schedule to reflect efforts by the Department of Buildings (DOB) to update existing violations in DOB rules by amending their sections of law and violation descriptions.

 

The ECB held a public hearing on April 14, 2015 regarding amendments to its Department of Buildings (DOB) Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOB and two (2) members of the public attended the April 14, 2015 public hearing. Neither member of the public presented testimony on the proposed rule at the public hearing. ECB received and considered one written comment on the proposed rule regarding amendments to its DOB Penalty Schedule.    

 

The rule includes twelve changes or additions to the Buildings Penalty Schedule, related to:

  • obtaining the relevant service equipment Certificate of Compliance prior to operation;
  • operating, maintaining, testing, and inspecting elevators and conveying systems (e.g., escalators, moving walkways, chair lifts and amusement devices);
  • providing notice when an elevator will be out of service due to repair work;
  • tampering, removing, or defacing a Stop Work Order or Vacate Order prior to its rescission by the Commissioner of Buildings;
  • failing to obey a Vacate Order;
  • failing to conduct or file a final inspection of permitted work with the DOB; and
  • damaging or removing trees in a Special Natural Area District without certification, authorization or special permit from the Department of City Planning.

 

The penalties for these violations fall within the guidelines for their respective classes of violations, as set forth in Section 28-202.1 of the Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violations) - $500,

Class 2 (major violations) - $10,000, and

Class 1 (immediately hazardous violations) - $25,000.

 

Subject to these statutory maximums, the penalties in the Buildings Penalty Schedule are calculated as follows:

  • Where there is no default by a respondent, an Aggravated I Penalty is 2 ½ times the Standard Penalty and an Aggravated II Penalty is five times the Standard Penalty. 
  • In the case of a default by a respondent, an Aggravated I Default Penalty is ten times the Standard Penalty and an Aggravated II Default Penalty is set at the statutory maximum prescribed under law. 
  • The Default Penalty is five times the Standard Penalty.

           

New violations that are not Class 1 (immediately hazardous violations) may be indicated as curable in the penalty schedule.

 

 

Effective Date: 
Sun, 06/21/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 14, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

ECB is proposing a rule to modify the Buildings Penalty Schedule, in order to adequately enforce existing laws and rules and reflect changes brought about by Local Law 141 (LL 141), which went into effect on December 31, 2014.  LL 141 amended the Administrative Code of the City of New York (“Administrative Code”), the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code.  LL 141 amended existing requirements, added new requirements, and renumbered existing sections of the affected codes.  In addition, unrelated to LL 141, ECB proposes to modify the Buildings Penalty Schedule to reflect efforts by the Department of Buildings (DOB) to update existing violations in DOB rules by amending their sections of law and violation descriptions.

 

The proposed rule includes twelve changes or additions to the Buildings Penalty Schedule, related to:

  • obtaining the relevant service equipment Certificate of Compliance prior to operation;
  • operating, maintaining, testing, and inspecting elevators and conveying systems (e.g., escalators, moving walkways, chair lifts and amusement devices);
  • providing notice when an elevator will be out of service due to repair work;
  • tampering, removing, or defacing a Stop Work Order or Vacate Order prior to its rescission by the Commissioner of Buildings;
  • failing to obey a Vacate Order;
  • failing to conduct or file a final inspection of permitted work with the DOB; and
  • damaging or removing trees in a Special Natural Area District without certification, authorization or special permit from the Department of City Planning.

 

The penalties for these violations fall within the guidelines for their respective classes of violations, as set forth in Section 28-202.1 of the Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violations) - $500,

Class 2 (major violations) - $10,000, and

Class 1 (immediately hazardous violations) - $25,000.

 

Subject to these statutory maximums, the penalties in the Buildings Penalty Schedule are calculated as follows:

  • Where there is no default by a respondent, an Aggravated I Penalty is 2 ½ times the Standard Penalty and an Aggravated II Penalty is five times the Standard Penalty. 
  • In the case of a default by a respondent, an Aggravated I Default Penalty is ten times the Standard Penalty and an Aggravated II Default Penalty is set at the statutory maximum prescribed under law. 
  • The Default Penalty is five times the Standard Penalty.

           

New violations that are not Class 1 (immediately hazardous violations) may be indicated as curable in the penalty schedule.

 

 

Subject: 

ECB Proposed Rule concerning the amendment of its Department of Buildings Penalty Schedule regarding the implementation of Local Law 141.

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

Elizabeth Nolan at (212) 436-0708 or Jim Macron at (212) 436-0602

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Friday, January 16, 2015
Proposed Rules Content: 

 

The proposed rules repeal former §18-01 and provide for a new §18-01 regarding the Department of Housing Preservation and Development (HPD) providing relocation services. Tenants who live in dwelling units that are the subject of a vacate order by a City agency may be eligible to receive relocation services, such as temporary shelter, moving expenses and storage services.

The proposed rules:

Update and clarify eligibility for such services;

Set forth the requirements for relocated persons to continue to be eligible for them; and

Outline the circumstances under which such services may be terminated.

 

 

 

Subject: 

Proposed Amendments to Rules pertaining to Relocation Services

Location: 
NYC Department of Housing Preservation & Development
100 Gold Street Room 1R, First Floor
New York, NY 10038
Contact: 

Assistant Commissioner Vivian Louie
100 Gold Street, Room 7-T3
New York, N.Y. 10038

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

The Department of Homeless Services (“DHS” or the “Department”) provides temporary emergency shelter to homeless New York City residents in accordance with State and local law, implementing regulations, and court orders, with the goal of moving shelter residents back into permanent housing in the community as soon as possible.

 

DHS proposes to amend Title 31 of the Rules of the City of New York by adding Chapter 3, which pertains to single adults who return to shelter in the adult services system after an extended absence. Currently, if a single adult shelter client returns to the system within 365 days, the client must return to his or her official shelter (i.e., the shelter where he or she had been previously assigned), where he or she will receive a bed. If a client returns more than 365 days later, the client is sent to a single adult intake center to reapply for shelter, at which point he or she undergoes a new resource assessment and is assigned to a new official shelter.

 

Through years of experience and practice, DHS has found that many single adult shelter clients exit the system and return after an extended absence (a period of at least thirty consecutive days), but within 365 days. Although it may be beneficial under certain circumstances for some of these clients to return directly to their official shelters, DHS seeks to provide other clients who return after an extended absence with a new resource assessment to identify alternative housing options they may have identified, utilized, or secured during their absence, and to connect them to resources or benefits that may alleviate their need for shelter and help them avoid re-entry into the system. Such alternative housing options can provide clients with long term housing stability, and assist in seeking benefits, employment, or other social services in the community. Importantly, even if no alternatives are immediately available, or if a client chooses not to utilize those alternatives at that time, the resource assessment will provide helpful information to the client and shelter staff at the client’s official shelter placement for on-going case management work.

 

Considering the value of this assessment, the proposed Chapter 3 provides for referral of a single adult shelter client returning to shelter after an extended absence to a diversion office (located at a DHS single adult intake center) to participate in a Single Adult Resource Assessment (“Assessment”) conducted by diversion staff. This Assessment will determine where a client resided during his or her extended absence from the adult services system, identify alternative housing options, and connect the client to resources or benefits to avoid re-entry into shelter. If none of these options are available or if the client does not wish to utilize any available options, the client will be referred back to his or her official shelter in the adult services system.

 

The Department notes that it does not believe that requiring a client returning after an extended absence to participate in a resource assessment must be promulgated as a rule pursuant to the City Administrative Procedure Act (“CAPA”), and believes that it may implement such a procedure outside of CAPA. However, in the exercise of caution and in light of the Court’s decision in Callahan v. Carey and Council of the City of New York v. Department of Homeless Services of the City of New York, 2012 N.Y. Misc. LEXIS 758 (Sup. Ct., N.Y. Co. 2012), the Department proposes to promulgate this procedure as a rule.

 

 

Effective Date: 
Sat, 09/07/2013