A Local Law to amend the administrative code of the city of New York, in relation to the creation of a real time enforcement unit in the department of buildings

Int. No. 934-A

By Council Members Levin, Reynoso, Chin, Espinal, Johnson, Kallos, Levine, Menchaca, Rosenthal, Gentile, Koo, Lander, Lancman, Rodriguez, Van Bramer, Rose, Richards, Mendez, Cumbo, Cohen, Crowley, Williams, Grodenchik, Cabrera, Dromm, Vacca, Koslowitz, Garodnick, Maisel, Cornegy, Vallone, King, Mealy, Miller, Gibson, Perkins, Torres, Ferreras-Copeland and Ulrich

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a real time enforcement unit in the department of buildings

Be it enacted by the Council as follows:

                     Section 1. Article 103 of chapter 1 of title 28 of the administrative code of the city of New York, as amended by local law number 141 for the year 2013, is amended by adding section 28-103.27 to read as follows:

§ 28-103.27 Real Time Enforcement Unit. There is hereby established within the department a real time enforcement unit. Such unit and an agency that is delegated authority by the commissioner shall be responsible for enforcing the construction codes with respect to:

1. occupied multiple dwellings with complaints related to work without a permit; and

2. occupied multiple dwellings with valid permits for (i) the alteration of 10 percent or more of the existing floor surface area of the building or (ii) an addition to the building.

§ 28-103.27.1 Tracking complaints related to work without a permit. The real time enforcement unit shall receive and track all complaints related to work without a permit in occupied multiple dwellings. The unit shall retain records of such complaints.

§ 28-103.27.2 Monitoring occupied multiple dwellings with permits for alteration or addition. The real time enforcement unit shall monitor all occupied multiple dwellings with valid permits for (i) the alteration of 10 percent or more of the existing floor surface area of the building or (ii) an addition to the building. Owners of such buildings shall notify the department in writing at least 72 hours prior to the commencement of any work pursuant to such permits.

§ 28-103.27.3 Inspections. For immediately hazardous complaints related to work without a permit in occupied multiple dwellings, the real time enforcement unit shall conduct inspections of such occupied multiple dwellings within 12 hours of the receipt of such complaints, except that complaints received after 8:00 p.m. shall be inspected by 10:00 a.m. on the following day. For all other complaints related to work without a permit in occupied multiple dwellings, such unit shall conduct inspections of such multiple dwelling within ten days of receipt of such complaints. The real time enforcement unit shall also conduct initial inspections of no fewer than five percent of  occupied multiple dwellings with valid permits for alteration or addition as described in section 28-103.26.2, within 20 days of commencement of work for such alterations or additions and shall conduct periodic unannounced inspections thereafter until such work is complete. The unit shall be available to conduct inspections seven days a week, between the hours of 8:30 a.m. and 10:00 p.m.

§ 28-103.27.4 Violations. The real time enforcement unit shall issue notices of violation or stop work orders as necessary.

§ 28-103.27.5 Report. The department shall publish online an annual report with the following information related to the effectiveness of the real time enforcement unit: (i) the number of complaints received disaggregated by building; (ii) the average time taken to respond to complaints; (iii) the number of monitored occupied multiple dwellings with valid permits for alteration or addition as described in section 28-103.26.2; (iv) the number of initial and periodic inspections conducted disaggregated by building; and (v) the number and type of violations issued disaggregated by building.

§ 2. This local law takes effect 120 days after it becomes law, except that the commissioner of buildings may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, prior to such effective date.

FM/MPC

LS #2764

9/6/17 1:13pm

6:17