If the city heat is getting to you and you’re ready to head off for cooler shores, don’t leave town just yet. The permit restrictions of Local Law 114 of 2019, effective August 5, 2020, can impact your plans for your buildings in a significant way. It’s best to learn all you can about the new law and to take any required action as quickly as possible.

Here is all you need to know about the permit restriction of Local Law 114 of 2019.

What are the permit restrictions of Local Law 114 of 2019?

Beginning August 5, 2020, the DOB will deny initial work permits for multiple dwellings where the DOB has previously issued a summons for submitting a false statement on a Plan/Work Application (PW1) regarding the occupancy status of the building, or performing Work Without a Permit while the building was occupied.

This one-year permit restriction will apply if the summons was issued on or after December 5, 2019, which is the effective date of Local Law 114 of 2019. The restriction on a flagged building will remain in effect for one year from the issuance of the summons.

How can I see if my building is flagged for permit restriction?

Buildings where this permit restriction applies will be flagged in the Property Profile in the Buildings Information System (BIS) as LL114/19 Permit Restriction. You can also find the end date for the restriction, marked as an “until date” in the flag.

Is there any way to remove the permit restriction from a building?

No one wants to hit a brick wall when seeking permits for construction or renovation work. Luckily, permit restrictions can be removed from a building before the one-year effective date comes to an end or if the summons is dismissed by OATH. If you need help having this summons dismissed, reach out to one of our dedicated representatives or our on-staff attorney advisory board, to help you with getting this done.

How can I obtain a permit for a flagged building?

If your building has been flagged for a permit restriction, you can still apply for a permit. Submit a

Local Law 114 of 2019 Request for Exception to Permit Denial form indicating that one or more of the following exceptions applies. Be sure to include the required documentation and to have the form signed by both the permit applicant and the building owner.

• The summons that resulted in the permit restriction was not based on a false statement about the occupancy status of the building in an application for construction document approval.
• The building was not occupied when the work without a permit that resulted in the restriction was performed.
• The requested permit is for work to be performed in a dwelling unit that is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease.
• The issuance of the requested permit is necessary in order to correct an outstanding violation of the Construction Code, the Housing Maintenance Code or any other applicable law or rule.
• The issuance of the permit is necessary in order to perform work to protect public health and safety. (Documentation, including dated color photographs must be submitted.)
• The permit is for work to be performed on a portion of the property that is occupied by a tenant who is not an owner of the property or responsible for any existing violations in the property.
• The property was the subject of an in-rem foreclosure judgment in favor of the City and was transferred by the City to a third party pursuant to section 11-412.1 of the Administrative Code. (Documentation must be submitted.)
• The property is the subject of a court order appointing an administrator pursuant to article 7-a of the Real Property Actions and Proceedings Law in a case brought by the HPD. (HPD documentation must be submitted.)
• The property is the subject of a loan provided by or through HPD or the New York City Housing Development Corporation (HDC) for the purpose of rehabilitation that has closed within the preceding five years. (HPD or HDC documentation must be submitted.)
• The permit is required in connection with the implementation of an HPD or HDC program. (HPD or HDC documentation must be submitted.)

If your building’s been flagged for a permit restriction, and you’re not sure how to proceed, give us a call at 718.655.6110, email info@jackjaffa.com or contact us through our website at jackjaffa.com to find out more about what your next steps should be.