NYC Local Law 55

& Tenant Safety

 

New York City tenants can breathe easy because of Local Law 55 that was put into effect in January of 2018.  This Local Law requires all multiple-dwelling property owners in NYC to investigate and remove all indoor health hazards which trigger asthma like, mold, rodents and cockroaches.  Landlords must also apply safe and successful measures to ensure that their properties remain free of indoor health hazards.

The NYC Housing Preservation & Development (HPD) is responsible for carrying out Housing in New York.  This is Mayor Bill de Blasio’s initiative to build and preserve 300,000 affordable homes by 2026.  The agency’s mission is to promote the quality and affordability of the city’s housing and the strength and diversity of its many neighborhoods.  HPD strives to achieve this mission by:

  • Preserving affordable housing and protecting tenants
  • Developing new affordable housing
  • Enforcing the Housing Maintenance Code
  • Engaging neighborhoods in planning

In NYC tenants have many rights relating to the safety and quality of their housing.  HPD works to protect these rights by preventing harassment, displacement, and ensuring low-income tenants facing legal proceedings in housing Court have universal access to legal representation.

 

Maintenance Requirements by Landlords

  • Gas
  • Heart and Hot Water
  • Indoor Allergen Hazards (Mold and Pests)
  • Bedbugs (Local Law 69 of 2017)
  • Lead-Based Paint (Local Law 1 of 2004)
  • Smoke and Carbon Monoxide Detectors
  • Window Guards (Local Law 57 of 2011)
  • Basement and Cellar
  • Signage, Filling, and Notices
  • Outlet Covers in Public Areas
  • Fire Safety (Local Law 10 of 1999)
  • Stove Knob Covers

 

Violations For Noncompliance

Properties are subject to the penalties described below unless violations are corrected and the correction is certified to the Department by the dates indicated on the front of the Notice of Violation(s) mailed to the property owner or, in the case of heat and hot water violations, from the date the violation is posted at the building.

Class A Violations (Non-Hazardous)

  • Failure to post a notice regarding the housing information guide: $250 each
  • All other Class A violations: $10-$50 each

Class B Violations (Hazardous)

  • $25-$100 each, plus $10 per violation per day

Class C Violations (Immediately Hazardous)

  • Not related to heat, hot water, or illegal devices or lead-based paint:
    • Buildings with 5 or fewer units: $50 per violation per day
    • Buildings with more than 5 units: $50-$100 per violation plus $125 per violation per day
  • Heat and hot water violations:
    • $250-$500 per day for each violation from and including the date the notice is posted at the building until the date the violation is corrected
    • $500-$1000 per day for each subsequent violation at the same building that occurs within two consecutive calendar years or, in the case of (hot water) during two consecutive periods of October 1st through May 31st (heat)
  • Illegal Device on a central heating system:
    • $25 per day (from the date the violation was posted on the building until the illegal device is removed) or $1,000, whichever is more
  • Lead-Based paint violations:
    • $250 per day violation, up to a maximum of $10,000
  • False Certification: (can result in criminal charges)
    • $50-$250 for non-lead violations
    • A minimum of $1000 with a maximum of $3000 for lead violations.

 

Need to Correct a Mold Violation?

If your inspection reveals the existence of mold in your building, you’ll need to take immediate steps to correct it so that you’re not issued a violation.  HPD has very specific criteria for whom can perform a remediation for mold.  According to Local Law 55, a mold hazard must be assessed and remediated by both the NYS licensed Mold Assessor and a NYS licensed Mold Remediator.

 

Contact The Cotocon Group for more information, (212) 889-6566.

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