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Proposed Rule Amendment of Chapter 56 of 28 RCNY regarding heat sensor devices

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Rule status: Adopted

Agency: HPD

Effective date: June 1, 2024

Proposed Rule Full Text

Adopted Rule Full Text

Hearing transcript

Adopted rule summary:

Administrative Code section 27-2033.1, which was added by Local Law 18 for the year 2020, requires the Department of Housing Preservation and Development (“HPD”) to select 50 class A multiple dwellings where the owner is required to install an internet capable temperature reporting device (“device”) in each dwelling unit of the selected building for a period of four years. The 50 buildings are to be selected based on criteria that include, but need not be limited to, the number of violations of subdivision a of section 27-2029 of the Administrative Code issued over the preceding two years and whether HPD has received heat complaints from more than one dwelling unit in such building. For buildings selected to install devices, HPD is required to conduct regular inspections of such buildings to confirm compliance with the installation and maintenance requirements for the devices, provision of a central heating system and the maintenance of required minimum temperatures. The rationale for this requirement is to provide an enhanced and proactive mode of enforcement to promote compliance with the City’s minimum heating requirements in those buildings that have a demonstrated history of noncompliance with these requirements. In 2023, the City Council enacted Local Law 70 of 2023, which amended section 27-2033.1 to require the selection of the 50 buildings every year, beginning on July 1, 2024, rather than every two years, and amended inspection protocols so that the HPD inspections occur at least twice each month, rather than at least every two weeks. Local Law 70 also made a number of other amendments, which are reflected in these rules. Specifically, the law and the current rule amendments provide the following: require that HPD’s inspections confirm that the devices are installed; allow HPD to suspend proactive inspections as of January 31 in a heat season based on amended criteria; allow HPD to set a fee for any monitoring inspection conducted pursuant to Administrative Code Section 27-2033.1(b)(2) after January 31 for the rest of the same heat season; allow the tenant the choice of which living room within the dwelling unit that the device will be installed; mandate that owners of selected buildings submit a report to HPD during each 30-day period within the heat season which includes data collected from each device installed within the selected building; require that HPD post a sign in each of the designated citywide languages in a prominent location in each selected building that notifies tenants of the requirements of Administrative Code section 27-2033.1; and provide criteria under which a selected building may be discharged from the requirements of section 27-2033.1, at the end of a particular heat season, but, earlier than the required four years. The current rule amendments also provide an option for property owners to pay a penalty to satisfy violations that were issued pursuant to Administrative Code section 27-2033.1 but which were not corrected at the time the building was eligible for discharge.

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