In January 2014, NYC enacted a new rule for those properties that had a retaining wall that is greater than 10-feet high and located on a public right of way. Local Law 37 of 2008 now dictates that all of those properties that fall into that category have their retaining walls inspected every five (5) years to determine if they are Safe, Safe with a Repair and Maintenance or Unsafe.

If you’re familiar with Local Law 11 for the facade, then you’ll be familiar with this as well. Depending on where your building is located, you will need to file in the year that is attributed to your borough.

2014: Bronx
2015: Manhattan
2016: Staten Island
2017: Queens
2018: Brooklyn

The DOB provides civil penalties of $1,000 per year for failure to file, plus $250 per month penalty until the property owner is in compliance. Failure to repair an unsafe condition carries a $1,000 per month fine until corrected.

We would recommend that all properties that are now required to inspect and file their properties talk to a local engineer that is qualified to perform the inspection and file on your behalf.