October 17, 2015
August 27, 2015
In another area of enforcement from HPD, Local Law 65 of 2014 now authorizes HPD to impose inspection fees where violations are issued in the same dwelling unit multiple times over the course of a single twelve-month period. HPD began implementing the law on August 20, 2015. The parameters of the new law are described just below:
At your cooperative closing, if you are obtaining a mortgage to finance the purchase, you’ll notice that the managing agent hands over at least two original copies of a Recognition Agreement to the bank that is lending you the funds, and then an original is also kept by the building’s Property Manager. So, what is the Recognition Agreement and why do we need it?
We have covered the heating requirements in multi-family buildings (link here) in the past, but what do we know about the required hot water temperature within an apartment that is located in the New York City area? That’s pretty easy, so long as you know the law.
WHO DOES THE LAW APPLY TO? Under New York State law, the law applies to all owners of buildings with three (3) or more apartments that are built after April 18, 1929, and before January 1, 1951 that are three (3) stories or more in height AND all owners of buildings with three (3) or more units that are built after January 1, 1951.
Under a more specific New York City hot water law, the law applies to all owners of buildings with three (3) or more units built before April 18, 1929, all owners of buildings with three (3) or more units built after April 18, 1929 and before January 1, 1951 that have fewer than three (3) stories AND all owners of tenant-occupied 1 or 2-family dwellings in NYC.
WHAT DOES THE LAW REQUIRE? The New York State hot water law requires that all residents in a building that falls under the jurisdiction be given hot water that is at least 120 degrees Fahrenheit in every shower, bath and sink, 24-hours per day. Building owners in New York City must provide hot water that is at least 120 Fahrenheit in every shower, bath and sink between 6am – Midnight, every day of the year.
NEW YORK CITY LAW ONLY: Owners that fall within the NYC hot water law must install an anti-scald feature on any valve that controls the water supply to bathtubs and showers when renovating the water supply in the bathroom or when installing a new bathroom. An anti-scald feature will prevent the temperature from reaching above 120 degrees Fahrenheit, to prevent burns. If an anti-scald device is used, the minimum temperature that it can have water coming out is 110 degrees Fahrenheit.
WHAT FINES CAN MY BUILDING BE SUBJECT TO FOR NOT PROVIDING HOT WATER? Should your building fail to provide adequate hot water to residents as prescribed by State law, the building owner may be fined $500 and/or imprisoned for up to 30 days, per offense. Owners who violate the City hot water law could be fined between $250 – $500 for a 1st violation and between $500 – $1,000 per day for each violation that occurs during the same year. If renovating a bathroom or installing a new bathroom, the fine for not installing a proper anti-scald device can see a $500 penalty per violation.
Hot water and heat are two of the most important services that a landlord / building owner can provide. While it’s understandable that from time-to-time there will be boiler issues and repairs are warranted, a systematic problem that sees residents out of hot water on a consistent basis is a problem that will need to be resolved.
If you are in a building with a systematic hot water or heat issue, please call 311 (after calling your building management company) to report the building and to have an inspector visit and issue a violation, if needed.
Beginning on March 1, 2015, New York City has a new law on the books that will require residential buildings to post a “Housing Information Guide For Tenants and Owners” that will alert residents in both english and spanish that there is a “ABC’s of Housing” guide located on the HPD website at www.hpd.gov/hpd.
For buildings that don’t post these new notices in the common area (such as a vestibule or mail area), the building could be subject to a fine of $250 for the infraction. If you would like to grab the text of the new law, you can download our PDF by clicking here or by downloading via the PDF at the beginning of this post.
New York City has some very specific snow removal rules for buildings within its boroughs. We’re concerned about snow removal from a few different standpoints; we want to sure ensure the safety of the residents, employees and passerby’s and we also want to limit the liability and potential exposure to lawsuit of our client buildings.
New York City’s Department of Sanitation requires that snow be removed no later than four (4) hours after the end of the snow fall or not later than 11:00AM, if the snow ended after 9:00PM the night before.
In addition, if the snow can’t be removed due to packed ice or other conditions, the building is allowed to place down cat litter, snow melt or a similar product for traction. Once the snow has melted or is readily able to be removed, we recommend that it is done so right away.
Snow is not permitted to be shoveled into the streets at any time. That practice is illegal. In addition, do not place snow on top of a fire hydrant. Those hydrants do need to be kept clear at all times.
Failure to abide by the rules can subject the building to a fine in the amount of $100 – $350 per infraction.
Keeping the sidewalks clear of snow and ice during and after a snowstorm will be of great benefit to the employees, residents and the general public.
Related Post: What are the Winter Heating Requirements?
New York State, as of December 3, 2014, is requiring that all current subleases acknowledge if there are or aren’t sprinklers in their respective units with a new Fire Sprinkler Acknowledgement Form (EBMG can provide you with a sample Acknowledgement, below). We are now going to include an Acknowledgement Form in all Cooperative sales and sublease applications (sublease only for Condos) for the new tenants to sign and will also be sending out an acknowledgement form to all residents that currently have a lease so that we have them on file.
This new code is for all leased premises, so it does apply to new leases, renewal leases and all Shareholders in a Cooperative with a Proprietary Lease.
Sample Acknowledgement Form (download)
If your building is concerned that Shareholders or Unit Owners will possibly default on their maintenance or common charges during the period of the sublease, there is a simple Rider that the building can attach to the existing sublease application to ensure that the building is made whole in the case of a delinquency in payment.
The Rider, which we have provided for in the link at the bottom of this article, states that in the case of a delinquency by the Shareholder or the Unit Owner, the subtenant, upon written notice from the Board will pay their rent directly to the Cooperative or Condominium until such time that the delinquency is taken care of.
This Rider, with a signature by the Shareholder and Subtenant will enable the Board to collect fees that are due more quickly and all parties are aware of their responsibility in the case of a default.
Sample Rider For Coops / Condos (Word Doc)
Update for 2017: Click Here For NEW Regulations
In New York City, the winter heating season is from October 1st – May 31st of any given winter. The heating requirements are going to be significantly different from the other times of the year and we’re going to break it down for you so that you can easily understand the requirements.
Each day is split into two different times; there are the Daytime requirements, which last from 6AM – 10PM and there are the Nighttime requirements, lasting from 10PM – 6AM.
The following heat settings are in place during these two times:
Daytime (6AM – 10PM): When the temperature dips below 55 degrees outside, the internal temperature of any given apartment must be kept at or above 68 degrees.
Night (10pm – 6AM): When the temperature falls below 40 degrees outside, it is mandated that the interior temperature of an apartment must be kept at or above 55 degrees.
55 Degrees of an interior temperature sure does sound chilly, so most coop and condo buildings in NYC will keep their indoor temperature settings a little higher. This could be by altering the cycle of heat that the boiler is moving through, or it could be adjusting their complete system if that boiler works off of sensors within the apartment, as was discussed in the building.
If you feel as though you are not being provided with adequate heat (if this is a routine occurrence, and not a result of emergency boiler work or for major work such as a complete boiler replacement), it would behoove the tenants to call Management, and if they do not respond, to alert 311 so that they can step in on what may be a systematic issue.
Excel Bradshaw is pleased to announce that it will assume the management of 205 E. 10th St. Owners, Inc., a 30 unit Cooperative located in New York City. Effective October 1, 2014, this new addition will add to a growing portfolio in Manhattan. 205 E. 10th St. Owners, Inc. will be directly managed by Mark Levine, Vice President of Excel Bradshaw.