This bill would require the Department of Buildings to deny a permit when a building of fewer than 35 units has an average of at least three open, immediately hazardous or hazardous housing maintenance code violations or immediately hazardous or major construction code violations per unit, or, when a building has 35 units or more, it has an average of at least two open, immediately hazardous or major construction code violations per unit. The local law excludes permits sought to correct DOB or HPD violations.
- Filed (End of Session)
History
Int. No. 1044
By The Public Advocate (Ms. James) and Council Members Williams, Vallone, Chin, Gentile, Rodriguez, Kallos, Rosenthal, Menchaca, Dromm, Cumbo, Rose, Koslowitz, Richards and Borelli
A Local Law to amend the administrative code of the city of New York, in relation to denying building permits where a residential building has an excessive number of violations
Be it enacted by the Council as follows:
Section 1. Article 105 of chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-105.1.2 to read as follows:
§ 28-105.1.2 Denial of permits for excessive violations. The department shall, not issue permits for a multiple dwelling where (i) such multiple dwelling contains fewer than 35 units and has a ratio of open hazardous or immediately hazardous housing maintenance code violations or immediately hazardous or major construction code violations that equal in the aggregate three or more such violations for every dwelling unit in such multiple dwelling or (ii) such multiple dwelling contains 35 units or more and has a ratio of open hazardous or immediately hazardous housing maintenance code violations or immediately hazardous or major construction code violations that equal in the aggregate two or more such violations for every dwelling unit in such multiple dwelling.
Exception: The commissioner may issue a permit for a property where the issuance of such permit is necessary to correct an outstanding violation of this code, the housing maintenance code or any other applicable provisions of law or rule or where the commissioner determines that issuance of such permit is necessary to perform work to protect public health and safety.
§ 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 its implementation, including the promulgation of rules, prior to such effective date.
MAJ
LS # 4542
12/14/15 11:09 AM