As a NYC building owner, there are dozens of violations you can get for noncompliance with City law. Three City departments, the HPD, DOB and ECB, issue the majority of building violations. Let’s take a look at each of these departments and the violations they issue.

The HPD, or the Department of Housing Preservation and Development, issues violations when a property is not compliant with building codes. HPD violations have unique requirements for corrections and cannot be challenged at an ECB hearing. In most cases of an HPD violation, a Notice of Violation will be sent to the property. Each HPD violation is issued with a class designation which determines its timeframe for correction and its penalty for failing to complete the correction. These are the HPD violation classes:

C – IMMEDIATELY HAZARDOUS
Depending on the circumstances, a Class C violation will allow 24 hours or up to 5 days for a correction. The two notable exceptions are lead and window guard corrections, which allow 21 days for a correction, and heat and hot water violations, which must be resolved immediately at risk of a penalty of $250/day and are eligible for the ERP.

B – HAZARDOUS
A Class B violation allows anywhere from 5 to 30 days for a correction, depending on the nature of the violation. Hazardous violations can also have civil penalties and litigation.

A – NON-HAZARDOUS
Class A violations can allow a full 90 days for correction, or just 14 days, depending on the violation. Non-hazardous violations can be joined by fines and civil lawsuits.

B – HAZARDOUS-ORDER TO CORRECT
This violation can have a wide variety of time for correcting, sometimes requiring immediate correction, and sometimes allowing for months. They may also be accompanied by penalties and municipal litigation.

Fixing an HPD violation: The Notice of Violation that is generally sent with each HPD violation will include the permitted timeframe for performing the correction. The violation must be corrected within that timeframe and the party that performed the correction must mail a CIV-194 form or submit an eCertification stating that the necessary work has been done.

A DOB violation is issued by the Department of Buildings and states that a property is not compliant with the law. These violations will always include an Order for Correction from the Commissioner of the DOB. Every DOB violation will also be added to the DOB’s Building Information System. The violation must be corrected before a new or amended Certificate of Occupancy can be obtained.

THERE ARE MORE THAN 25 KINDS OF DOB VIOLATIONS LISTED BELOW.

CODE	VIOLATION
B | BDM | BMD	Boiler
C	Construction
E	Elevator
EIT	Elevator Safety Test
ES	Electric Sign
LL5 | LL5/73	Fire Safety in Office Buildings (Local Law 5 of 1973)
LL10/80	Façade: Borough Office (Local Law 10 of 1980)
LL10/81	Elevator Safety Test (Local Law 10 of 1981)
LL16/84	Fire Safety (Local Law 16 of 1984)
LL58 | LL58/88	Penalties for Work with out Permit (Local Law 58 of 1988)
MDV	Multiple Dwelling Violations
P	Plumbing
S	Sign
UB	Unsafe Building Violation
V	DOB Violation
V%	Precept issued for Unsafe Buildings Violation
VAC	Vacate
VCLOS	Order of Closer (padlock order)
VEWL | VWL	Violation Work without Permit Elevator Lien
VECW | VEW	Violation Work without Permit Elevator
VH	Violation Hazardous
VW	Violation – Work Without a Permit
VWH	Violation – Work Without a Permit Hazardous
VPW	Violation Pending – Work Without a Permit
ZV	Zoning Violation
UB%	Precept issued for Unsafe Buildings Violation

Note: Violation codes followed by an * indicates that the violation was dismissed.

It’s important to note that a DOB violation is public information and will pop up with a simple title search of a property. Also, an open violation can prevent a building owner from refinancing an existing mortgage on a property and from selling the building.

ECB/OATH violations are issued by the Environmental Control Board when a property is noncompliant with construction codes or zoning regulations as determined by the New York City Construction Codes or Zoning Resolution. The DOB issues a Notice of Violation for all ECB violations.

As with DOB violations, each ECB violation will be accompanied by an Order for Correction and include the conditions that must be amended. Some ECB violations will also specify that the building owner must certify the correction. There are three classes of ECB violations:

CLASS 1 – IMMEDIATELY HAZARDOUS
CLASS 2 – MAJOR
CLASS 3 – LESSER

ECB violations can be challenged at a hearing, but opting to do so is risky—if the violation is found to be valid at a requested hearing, the resulting penalties can be as steep as $25,000.

Staying compliant with NYC law can be challenging, but the Jaffa team makes it easy!

Check out our useful links page for all the resources you need to stay compliant and avoid these violations or contact us to see how we can help

9 Steps to Prepare Your Property for Winter

The days are getting shorter and there’s a chill in the air that sends people scurrying home and out of the cold before they can catch a glimpse of the sun. It’s wintertime! And along with fluffing the old winter coats and matching up the stray gloves around the house, it’s time to prepare your property for the coldest season of the year. Winterizing your units will ensure they weather these months smoothly without any major and expensive disasters. 

Does the thought of prepping your property for winter send a chill up your spine? No need to get overwhelmed – we can help! We’ve broken down your season’s to-do list into nine steps to prepare your property for winter:

1.   Check your smoke and carbon monoxide detectors

At the beginning of a new season, it’s a good idea to inspect your building’s smoke and carbon monoxide detectors located in common areas and mechanical rooms. You can test the functionality of your detectors by pressing the test button on the device. Be sure to replace any expired batteries with new, working ones as soon as possible. 

And as you know, you can track these inspections easily by performing them in the Jaffa deFINEd app. The app will keep a clear record of the detectors that have already been inspected so that you can easily track the inspections you’ve already done and the ones you still need to perform. 

2.   Check boilers and water heaters

Next, make sure the building’s boilers and water heaters are functioning properly. You can do this by initiating a test run, and visually inspecting for leaks, cracks, error codes or unusual noises. You’ll also want to ensure the area around the boiler is clean. Verifying that your building’s heating sources are in perfect shape can help you avoid costly repairs later in the season. 

As you work through this step, don’t forget to have your high-pressure boilers inspected! As of 2022, all-electric high-pressure boilers are now being classified as high-pressure boilers and must be inspected two times annually. For more information about your requirements for boilers, you can check out Alexandra Schwab’s blog. And of course, with these inspections also, you can schedule and perform all these inspections in the Jaffa deFINEd app to make it quick, easy and efficient.

3.   Notify your tenants about the beginning of the heat season

Make sure you let your tenants know when you will be turning on the heat in the building. From October 1 through May 31, New York City building owners must maintain an indoor temperature of at least 68 degrees between the hours of 6 a.m. and 10 p.m. when the temperatures outside fall below 55 degrees. In addition, during this season, your tenants’ water must be maintained at 120 degrees 24 hours a day according to state law, and between the hours of 6-12 a.m. according to city law. Check out our Jaffa Minute on the topic for a quick reference guide of all your heat and water requirements.

You can also help maintain the heat in your units by telling any resident with a ceiling fan in their unit to reverse the direction the fans blow. Fans should rotate in a clockwise direction during the winter as this forces any warm air near the ceiling to flow downwards and around the living space. This distributes heat more evenly and can help bring down your heating costs. 

4.   Check your building’s fire pumps

The start of the cold season presents the perfect opportunity to inspect your building’s fire pumps. 

Ideally, fire pumps should be visually inspected weekly, and tested monthly with a no-flow test where the pump is turned on without water running to check that it works properly and have a flow test performed once a year to ensure that the pumps are running at the proper flow rate. 

It’s a good idea to perform this annual test before the onset of winter. The test requires a water flow, which can be difficult to get when the weather is colder. Plus, you’ll rest easier, knowing your fire pumps are in great condition before winter arrives. 

5.   Examine your building’s radiators

Visually inspect your building’s radiators at the start of the season to ensure they’re in excellent working condition. Look for possible leaks and drafts and replace valves as necessary. It’s also a good idea to check the thermostats in your building and confirm that they are working well, too. 

Do I even need to mention again that these last two can be managed in the Jaffa deFINEd app?

6.   Assess the roof’s ability to withstand winter storms

A crucial component of your building’s condition is the strength of its roof. One heavy snowstorm on a roof that’s seen better days can cost you boatloads of money and weeks of repairs. Clean your gutters trim any trees with branches that graze your roof, and then inspect it for possible signs of disrepair. Here’s what to look for when assessing the condition of your roof:

• Broken or missing shingles
• Leaks
• Poorly installed or damaged chimney flashing
• Broken or blocked gutters or downspouts
• Holes or nesting materials from animals

If you find any of the above or another red flag on your roof, you may want to call in an expert to repair it before winter storms cause major structural damage. 

As you work through this step, don’t forget the new requirement to inspect parapets, effective January 1, 2024. As per this new requirement, all parapets on the public right of way must be inspected and any hazards corrected annually. You have until December 31, 2024, to have any parapets on your properties inspected. However, it’s a good idea to have the inspection performed as soon as possible to ensure you don’t forget about it. Once the inspection is complete, be sure to keep the observation report on file for a minimum of six years so that it can be made available to the Department upon request.  

7.   Ensure your building is heated efficiently

As a landlord, it’s your responsibility to ensure that your building is well-heated at all times. When the temperatures drop, heating a large building can get very expensive, very quickly. The best way to bring heating costs down without leaving your tenants in the cold is to make sure your building is heat-efficient. Hire an energy auditor or do the job yourself by walking around your building and checking for gaps around windows, drafty doors, and poorly sealed holes in the walls. Air leaks can cost you a pretty penny this winter, so it’s in your best interest to seal up any leaks you find as soon as possible. 

This is also a good time to remind you that you must submit the required Energy Efficiency Reports (EERs) to the DOB at least once every 10 years to maintain compliance. Deadlines for your EER requirement are based on the last digit of your block’s ID number. And yes, to make this super-easy, you can submit your EER to the DOB directly on the app. 

In addition, you need to display and update your Energy Efficiency label in a visible location annually. The label is available to download and print every October 1^st and must be hung up by October 31^st. 

8.   Drain and close your exterior sprinkler system

Outdoor sprinklers can cause tremendous damage if left on in the winter. Even if the sprinklers are not watering the lawn, the small drops of water left over from warmer-weather days can freeze and burst in frigid temperatures, causing colossal damage and loss. Have a professional drain all the water from your outdoor irrigation system and seal the pipes so that no water is left inside during the winter months. 

9.   Make sure your building is up-to-code with Fire Safety

Building fires definitely increase in the winter time, which means it is a great time to ensure that you are up-to-code on all the regulations put into place to both prevent fires and prevent the spread of them minimizing damage and loss of life if there is a fire in your building. You can use our Fire Safety and Compliance Checklist, to ensure that you’ve taken all the necessary steps to keep your building safe and compliant.

This can also be a good time to inspect your fire sprinkler system, as fires tend to go up in the winter. Of course, say it with me now, you can get this done in no time on the Jaffa deFINEd app.

Winter is here, but no need to freeze up with worry. By following our tips above, you can keep your buildings warm, safe, and compliant with minimal hassle.

As you likely know by now, the NYC compliance code can change as often as the weather — and the Jaffa team is here to keep you informed, always. We don’t want you to get slapped with a violation because you missed a new or amended law, and we’ll keep you updated about any changes you need to know about so that you always stay compliant.

Recently, there have been significant updates to your requirements.  Here’s what you need to know about the recent changes and upcoming deadlines.

Changes to Local Law 33 of 2018

Is your energy label posted?

In compliance with LL 33 of 2018, NYC building owners are now required to print and post a new Building Energy Efficiency Rating Label no later than October 31^st  each year. This law applies to all buildings that are larger than 25,000 square feet and appear on the NYC Benchmarking Covered Building List. The requirement to post the label is new for 2021.

You can access and print your building’s label beginning on October 1, by visiting the DOB NOW Public Portal.

The energy label includes the building’s energy efficiency score, as calculated by the City’s benchmarking tool. Be sure to post your building’s label in a visible location near each public entrance to the building. Failure to post a current label by October 31 can result in a penalty of $1250.

Hurricane Ida Fees and Permit Restrictions will be Waived

The Department of Buildings (DOB) has announced that all fees and permit restrictions for work that is being done due to damage caused by Hurricane Ida will be waived. This is effective as of September 14, and includes any and all fees for filings and permits for work that has become necessary due to damage caused by the hurricane.

To be eligible for the waived fees, building owners or applicants must indicate that the work is being done due to damage caused by the hurricane. The DOB has added a new statement to the Statements & Signatures section in all DOB NOW: Build filings, including Electrical, Limited Alteration Applications, and Elevator. Simply check the box to affirm that the work is being done due to damage caused by the hurricane, and all fees for the application will be waived.

Already paid a fee for applications for work that was necessary because of the storm’s damage? You can put that money back in your pocket. If you submitted an application that meets these criteria between September 1 and September 13, 2021, be sure to request a refund. You’ll need to submit a RF1-Refund Request Application to the appropriate email address as listed.

All properties in which the work being done is eligible for waived fees, are also eligible for waived permit restrictions. Specifically, the following permit restrictions can be waived in DOB NOW: Build:

• Local Law 160 of 2017 (Owner Arrears)
• Local Law 104 of 2019 (Multiple Dwellings with Excessive Open Violations)
• Local Law 114 of 2019 (False Statements and Work Without a Permit)

To qualify for a waived permit, select an exception on the permit application that indicates the permit is necessary to perform work to protect public health and safety.

Penalty Schedules Repealed

Effective October 5, 2021, OATH has repealed the following penalty schedules:

• Recycling –Sanitation Collection Rules Penalty Schedule. This includes recycling violations applicable to residential premises, agencies and institutions, and private carter-collected waste. It also includes repeat recycling violations.
• Sanitation Asbestos Rules Penalty Schedule. This includes violations relating to the storage, transportation, disposal, and abandonment of waste containing asbestos.
• Sanitation Penalty Schedule. This includes all sanitation-related violations as codified in the Rules of the City of New York and in the New York State General Business Law.
• Vehicle and Traffic Law Penalty Schedule. This includes violations of New York State Vehicle and Traffic Law related to abandoning a vehicle and to the illegal placement of flyers on windshields or under windshield wipers of motor vehicles.

It’s important to note that all of the above mentioned laws are still in effect and violations will still be issued for noncompliance. However, OATH will no longer be issuing the penalties for any of these violations. Instead, the respective agency that holds the rulemaking and policymaking authority over each of these laws will be issuing the violations.

You can count on Jack Jaffa to keep you informed and make sure you always stay compliant. Contact us today for further assistance in all things compliance.