knowledge center – Jack Jaffa & Associates

COMPLIANCE DEFINED: LOCAL LAW 11 OF 98

chaya — Tue, 26 Oct 2021 16:42:37 +0000

What is it & what are your requirements?

Established in 1998 local law 11/98 is the Failure to File a Façade Technical Report (NRF) violation.
All owners of building six stories or higher must:

Execute periodic inspections of all exterior walls & appurtenances every 5 years.

Ensure that a professional engineer or a registered architect submits a timely Façade Technical Report

Make the necessary corrections within 90 days.

Have a professional engineer or registered architect file an Amended Façade Technical Report.

What are the classifications that you may receive?

Safe
SWARMP (Safe with a Repair or Maintenance Program)
Unsafe

How can the Jaffa team help me avoid this violation?

With Jaffa’s Alert Service, you’ll always be notified when a Façade Technical Report is due. Missed filing it and received a violation? No worries, Jaffa can help resolve the fine and make sure that your compliant.

What are the deadlines?

Reports must be filed on Feburary 21st between the span of 2 years Your inspection and reporting schedule will
depend on your specific tax blocks as indicated below:

Blocks 4, 5, 6, & 9	Blocks 0, 7 & 8	Blocks 1, 2 & 3
2020 – 2022	2021 – 2023	2022 – 2024

Protection Barriers must be installed the day of receiving an Unsafe classification
Repairs must be done 90 days after receiving a SWARMP or Unsafe classification
Amended report must be filed 14 days after repair is completed

COST

Façade reports………………. $425.
Amended reports……………$425*
Extension Request………….$305*
*per request

PENALTIES

Who?

DOB

How much?

Filing of the initial report

Late filing…………$1000/month
Failure to file…….$5000/year

Correcting UNSAFE conditions

Failure to correct……………See schedule in 1RCNY 103-04
Failure to correct SWARMP conditions………$2000

Are there any other risks?

If an accident occurs due to unsafe façade that was not corrected, you may be sued and charged with criminal negligence.

Download this Information

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COMPLIANCE DEFINED: ANNUAL SAFETY MAILINGS

chaya — Tue, 26 Oct 2021 16:27:36 +0000

What is it & what are your requirements?

All property managers/landlords of a building with 3+ apartment must send yearly safety documentation and forms to tenants in order to ensure compliance with city agencies.

Hand deliver or mail first-class or send with January rent bill

Track & store responses & follow up on non-respondents

Inspect for lead paint & oversee window guard installations

Notify the DOHMH if you can’t find out about a child living in apt.

Keep records of mailings, follow-up efforts & responses.

If you don’t receive responses from tenants, you need to inspect their apartments for proof of child(ren). If you can’t get into their apartment to do so, document & retain proof of your efforts for ten years to avoid criminal charges & liability.
What must it include?

Fire & Emergency Preparedness (FEP) Guides
Window Guard Notices
Lead Paint Notices
Forms inquiring about the ages of any children living in your tenants’ apartments, window guards & stove knob covers.

How can we help?

Jaffa can help you with EVERYTHING! We take care of the entire process for you. From mailing the forms to following up on any work that needs to be done as a result of your responses.
All you’ll need to do is fill out some basic information on our website and Jaffa will take care of the rest. Plus, we provide 5 easy ways for your tenants to respond ensuring a higher response rate ensuring your compliance.
Want to keep tabs on the process? You can do that too by tracking the entire process online and viewing scanned copy of the responses whenever you need them.

PENALTIES

Who?

DOHMH & FDNY

How much?

$500 to $5000 per violation

Are there any other risks?

If an accident occurs in one of your dwellings & you did not comply with this law, you may be
charged with a crime, which can mean increased insurance rates, and/or prison time. To make it even worse, you can be hit with a lawsuit for negligence from the affected tenant.

Deadlines:

Notices Sent via Mail:
January 1st – January 15th

Notices Sent with Rent Bill:
December 15th – January 16th

Tenants Responses:
February 15

Download this Information

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COMPLIANCE DEFINED: Heat and Hot Water

chaya — Tue, 26 Oct 2021 15:24:54 +0000

What is it & what are your requirements?

Owners of apartment buildings with 3+ apartments or of tenant-occupied 1-2 family dwellings must provide heat from
Oct. 1 through May 31st each year and hot water depending on whether you qualify under the State or City law.

Owners must:

MAINTAIN HEAT AT 68℉

6:00 am – 10:00 pm

when it’s below 55℉ outside

MAINTAIN HEAT AT 62℉

10:00 pm – 6:00 am

no outside temperature required

MAINTAIN WATER AT 120℉

all water sources

see below for details

*all temperatures are minimum requirements

NOTE: Thermostats that are programmed to shut off at a predetermined time are illegal.

STATE HOT WATER LAWS

CITY HOT WATER LAWS

For which buildings?

3+ units & 3+ stories high built 4/18/1929 – 1/1/1951
Any 3+ units built after 1/1/1951

3+ units built before 4/19/1929
Any built 4/18/1929 – 1/1/1951
1-2 family tenant-occupied

When is it required?

24 hours a day

6:00 am – 12:00 am

Anti-scald devices must be installed when renovating or installing new bathrooms.

How can the Jaffa team help me avoid this violation?

As with all violations, if you have received a violation for not having Heat or Hot Water, the Jaffa team can help you resolve this violation and negotiate your penalty or fine.

PENALTIES

Who?

HPD & DOF

How much?

ILLEGAL TIMING DEVICE
initial fine …………………… $1000
non-removal…………….$25/day

FAILURE TO INSTALL ANTI-SCALD FEATURE
per violation ………………… $500
OTHER VIOLATIONS
first-time offense ………..$250*
Below fines are per day per violation
other fines ………….$250-$500
same building….$500 – $100
*or submit Notice of Corrections

Are there any other risks?

If the owner fails to pay the penalties, HPD will enter a judgment against them and may face up to 30 days in prison. Tenants may obtain rent abatement for failure to provide heat or hot water and owners may be responsible for any resulting injuries.

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COMPLIANCE DEFINED LEAD AUDIT VIOLATIONS

chaya — Fri, 21 May 2021 14:55:14 +0000

AUDIT VIOLATION #614—APARTMENT TURNOVER AUDIT

The city will want to see proof for the following:

Which apartments were turned over in the past 10 years
All the work that was done during turnover
What type of testing was performed during the turnover, i.e. if it was dust wipes, or XRF testing

For all apartments that have not been turned over in the past 10 years, you will need to provide:

10 years’ worth of leases or payments proving that the same tenant resided in that unit all this time.

AUDIT VIOLATION #618—A RECORD PRODUCTION ORDER

The city wants to see the past 10 years’worth of paperwork of the following:

Affidavit of mailing for the safety mailings
Responses for the safety mailing
Proof of visual inspections for any chipping or peeling paint on any unit containing a child under the age of 5
Apartment turnovers for the past 10 years and the dust wipes.

If any work that could have exposed LBP was done in the building over the past 10 years, you will need to provide:

Documentation of the work performed
Proof that the work was done by either an RRP- or EPA-certified contractor
Results of the dust wipes performed after the work was completed
All open Lead Violations must be removed as well.

AUDIT VIOLATION #619—SAFETY MAILING AUDIT

The city wants to see the past 10 years’worth of paperwork of the following:

Affidavit of mailing for the safety mailings
Responses for the safety mailing. In pursuant to those responses, for any apartment in which a child under the age of 5 resides, you will need to perform a visual inspection for any chipping or peeling paint and document those inspections for the tenant.

AUDIT VIOLATION #620—COVERED BUILDING AUDIT

The city wants to see the past 10 years’worth of paperwork of the following:

Affidavit of mailing for the safety mailings
Responses for the safety mailing
Proof of visual inspections for any chipping or peeling paint on any unit in which resides a child under the age of 5
Apartment turnovers for the past 10 years and the dust wipes performed
during the turnover

If any work that could have exposed LBP was done in the building over the past 10 years, you will also need to provide:

Documentation of the work performed
Proof that the work was done by either an RRP- or EPA-certified contractor
Results of the dust wipes performed after the work was completed.
All open Lead Violations must be removed as well.

NEW FOR 2021

AUDIT VIOLATION #621 — PRESUMED LEAD AUDIT

If lead was presumed to be present in your building, the city wants to see the following for any work completed:

Affidavit from an EPA-certified contractor who performed the remedial work stating that the work was done in compliance with the law, and including the start and end date of the work, as well as the address and
contact info for the firm that completed the work
Proof that the work was done by an EPA certified contractor
A description of the location of the work performed in each room
A copy of the test results of the dust wipes
An affidavit from the contractor who performed the dust wipes, verifying the date the sample was taken and the location where it was performed
A copy of the EPA certificate of the contractor who performed the dust wipes

AUDIT VIOLATION #622 — PRESENT LEAD AUDIT

If lead was found in your building while work was being done, the city wants to see the following:

Affidavit from an EPA-certified contractor who performed the remedial work stating that the work was done in compliance with the law, and including the start and end date of the work, as well as the address and
contact info for the firm that completed the work
Proof that the work was done by an EPA certified contractor
A description of the location of the work performed in each room
A copy of the test results of the dust wipes
An affidavit from the contractor who performed the dust wipes, verifying the date the sample was taken and the location where it was performed
A copy of the EPA certificate of the contractor who performed the dust wipe

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COMPLIANCE deFINEd: Cooling Tower Maintenance

chaya — Tue, 03 Sep 2019 01:03:24 +0000

What is it & what are your requirements?

As a result of a Legionnaires’ outbreak in 2015, all buildings with cooling towers, which includes evaporative condensers or fluid coolers that are part of a recirculated water system, such as the building’s cooling, refrigeration or energy production systems and/or any industrial process that requires water must comply with the Local Law 77 of 2015.

Owners of these buildings must:

Develop and implement a maintenance program

Get annual certification & conduct quarterly inspections of equipment in use

Disinfect any equipment with any levels of microbes that can pose health risks

Keep records of all inspections and tests for 3 years

NOTE: Owners must also clean, disinfect and inspect equipment after extended shut-down such as for seasonal usage. For this work as well as developing a maintenance program, an environmental consultant must be used.

What are your requirements if you permanently shutdown equipment?

Owners must notify the DOB within 30 days of removing/permanently shutting down equipment stating that the equipment was cleaned and sanitized in compliance with DOH requirements.

How can the Jaffa team help me avoid this violation?

If a violation is issued for any of the above requirements, Jaffa can help you resolve the fines.

Contact us today for more details.

PENALTIES

Who?

DOB

How much?

FAILURE TO:
Register, certify or inspect: $10,000 max
Disinfect: $25,000 max
Produce cooling tower maintenance plan: $1000 min./occurrence

Deadline:

Registration of equipment must occur before initial operation. Disinfection is required 48
hours from testing. When severe health risks are present – 24 hours from testing.

Download this Information

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COMPLIANCE deFINEd: LOCAL LAW 55-The Asthma-Free Housing Act

Ahuva Ruvel — Wed, 17 Apr 2019 01:53:30 +0000

What is it & what are your requirements?

All multiple-dwelling property owners in NYC must investigate and remove all indoor health hazards which trigger asthma and apply measures to ensure that their properties remain free of these triggers.

INVESTIGATE
Have a licensed professional inspect for allergen hazards

REMEDIATE
Remove any allergen hazard

PROTECT
Ensure your buildings are sealed from all pests.

REPAIR
Repair any existing holes or cracks

INFORM
Include a notice of your obligations with tenants’ leases.

Having mold conditions in your buildings is more serious, and you need to take immediate steps to correct it. However, mold hazards must be assessed and remediated by both a NYS licensed Mold Assessor and a NYS licensed Mold Remediator.

PRO TIP

Since you will need to perform an investigation annually and may need to remediate several times a year, it is a good idea to have one or more of your maintenance staff receive certification as a Mold Assessor and a Mold Remediator.

How can the Jaffa team help me avoid this violation?

As with all violations, if you have received a violation in relations to this local law, the Jaffa team can help you resolve this violation and negotiate your penalty or fine.

Contact us today for more details.

PENALTIES

Who?

DOH

How much?

As steep as $10,000 per violation

Are there any other risks?

The presence of visible mold that is less than 10 square feet in a single room of a dwelling
is an indoor mold hazard violation. Anything bigger than that in a single room is consider a hazardous violation, which if unresolved can lead to litigations and higher penalties.

Inspections are required once a year.

In addition you must have an inspection when it is deemed necessary such as:

A tenant complains about a condition that can be allergen triggers
A tenant requests an inspection
DOH issues a notice of violation or violation order

Download this Information

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COMPLIANCE deFINEd: Mold

Ahuva Ruvel — Wed, 17 Apr 2019 01:39:40 +0000

What is it & what are your requirements?

NYC Health Code requires owners of ALL residential buildings, regardless of size, to protect the health of tenants. Asper DOHMH, this means that owners must correct any mold conditions.

Owners of these buildings must:

Conduct a visual inspection of the buildings for water damage and mold growth

Conduct air monitoring

Remove any mold found

Hire a licensed mold remediator if the mold exceeds 30 square feet

Air monitoring must be conducted if a tenant has diagnosed with a mold exposure disease, mold is in the ventilation system, or mold is suspected due to a musty smell but can’t be found (particles of dust or air)

How can the Jaffa team help me avoid this violation?

As with all violations, if you have received a mold related violation, the Jaffa team can help you resolve this violation and negotiate your penalty or fine.

Contact us today for more details.

PENALTIES

Who?

DOHMH & HPD

How much?

$200-$2000

Are there any other risks?

The courts can and may give tenants rent abatement based on mold condition

Deadline:

There is no specific deadline for this issue. Instead, an owners obligation to inspect for, correct and remove any water damage or mold is ongoing and must be done as soon as a complaint is made.

Download this Information

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COMPLIANCE deFINEd: Backflow Prevention Devices

Ahuva Ruvel — Wed, 17 Apr 2019 01:22:10 +0000

What is it & what are your requirements?

As per the DOB and DEP, all apartment buildings, medical and dental offices, and other facilities that have laundry machines, AC cooling towers with anti-freeze, boiler with rust inhibitors or other water treatment chemicals, and/ortwo or more service lines from city water mains must install a backflow prevention device.

In addition, owners of these buildings must

Hire a registered architect or licensed engineer to prepare plans for install of device

Submit plans to the DEP for approval

Hire a master plumber to apply to the DOB for a permit for the device

Inspect and test the device when first installed as well as annually

Submit Report on Test and Maintenance of Backflow Prevention Device (GEN215B) to DEP

NOTE:

Testing must be completed by a state-certified backflow prevention device testers who is employed by a licensed plumber

How can the Jaffa team help me avoid this violation?

As with all violations, if you have received a violation for not having the proper Backflow prevention device, the Jaffa team can help you resolve this violation and negotiate your penalty or fine.

Contact us today for more details.

PENALTIES

Who?

DEP

How much?

$35-$1000

Are there any other risks?

If a backflow into the city water main occurs, DEP can cut off water to the building and may
issue a Cease and Desist to stop water services entirely.

Form Required

GEN236
GEN215B

Installation of this device are eligible for major capital improvement (MCI) rent increases.

Fees:

Application for approval (GEN236) $350 per service connection

Download this Information

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COMPLIANCE deFINEd: Annual Safety Mailings

Michael Jaffa — Tue, 16 Apr 2019 01:26:27 +0000

What is it & what are your requirements?

All property managers/landlords of a building with 3+ apartment must send yearly safety documentation and forms to tenants in
order to ensure compliance with city agencies.

All owners of building six stories or higher must:

Hand deliver or mail first-class or send with January rent bill

Track & store responses & follow up on non-respondents

Inspect for lead paint & oversee window guard installations

Notify the DOHMH if you can’t find out about a child living in apt.

Keep records of mailings, follow-up efforts & responses.

PROTIP:

What must it include?

Fire & Emergency Preparedness (FEP) Guides!
Window Guard Notices
Lead Paint Notices
Forms inquiring about the ages of any children living in your tenants’ apartments, window guards & stove knob covers

How we can help?

Jaffa can help you with EVERYTHING! We take care of the entire process for you. From mailing the forms to following up on any work that needs to be done as a result of your responses.

All you’ll need to do is fill out some basic information on our website and Jaffa will take care of the rest. Plus, we provide 5 easy ways for your tenants to respond ensuring a higher response rate Ensuring your compliance.

Want to keep tabs on the process? You can do that too by tracking the entire process online and viewing scanned copy of the responses whenever you need them.

Contact us today for more details.

PENALTIES

Who?

DOHMH & FDNY

How much?

$500-$5000

Are there any other risks?

If an accident occurs in one of your dwellings & you did not comply with this law, you may be charged with a crime, which canmean increased insurance rates,and/or prison time. To make it even worse, you can be hit with a lawsuit for negligence from the affected tenant.

Deadlines:

Notices Sent via Mail:

January 1st – January 15th

Notices Sent with Rent Bill:

December 15th – January 16th

Tenants Responses:

February 15th

Download this Information

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COMPLIANCE deFINEd: Understanding the LOCAL LAW 11 OF 98

Ahuva Ruvel — Mon, 25 Mar 2019 00:52:02 +0000

What is it & what are your requirements?

Established in 1998 local law 11/98 is the Failure to File a Façade Technical Report (NRF) violation.

All owners of building six stories or higher must:

Execute periodic inspections of all exterior walls & appurtenances every 5 years.

Ensure that a professional engineer or a registered architect submits a timely Façade Technical Report.

Make the necessary corrections within 90 days.

Have a professional engineer or registered architect file an Amended Façade Technical Report.

What are the classifications that you may receive?

Safe
SWARMP (Safe with a Repair or Maintenance Program)
Unsafe

How can the Jaffa team help me avoid this violations?

With Jaffa’s Alert Service, you’ll always be notified when a Façade Technical Report is due. Missed filing it anyway?
No worries, Jaffa can help resolve the fine and make sure that your compliant no matter what your classification is.

What are the deadlines?

February 21st but different tax blocks have different inspection and reporting schedule:

Protection Barriers must be installed the day of receiving an Unsafe classification

Repairs must be done 90 days after receiving a SWARMP or Unsafe classification Amended report must be filed 14 days after repair is completed

COST

Façade reports………………. $265
Amended reports……………$100*
Extension Request………….$135*

PENALTIES

Who?

DOB

How much?

Filing of the initial report:
Late filing…………$250/month
Failure to file…….$1000/year
Correcting UNSAFE conditions
Failure to correct….$1000/month

Are there any other risks?

If an accident occurs due to unsafe façade that was not corrected, you may be sued and charged with criminal negligence.

*per request

Download this Information

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