Keeping up with the ever-changing NYC compliance code can be challenging. Lucky for you, Jack Jaffa & Associates is here to keep you up-to-date on the latest changes so you never risk a noncompliance.
Today, let’s take a look at two recent and important changes to the compliance code, both of them related to Local Law 158 of 2017.
1.) Penalties Doubling for Multiple Work Without a Permit Violations
The DOB has announced that as of May 30, 2019, any building that has received a violation for work completed without a permit on or after August 28, 2018, will be subject to doubling of the civil penalties for a second or subsequent work-without-a-permit violation within one year of the most recent violation.
In plain English, this means that if any of your buildings received a violations for work done without the proper permit since August 28, 2018, the date Local Law 158 went into effect, be extra cautious about not receiving another violation. A second, or third violation received for noncompliance with Local Law 158 means a double penalty.
There is one notable exception to this double-down on permit violations penalties: If the client can prove that that the prior work completed without a proper permit was performed on a part of the building owned by someone else, or was performed by a previous owner, they may be able to get the double penalty removed. To do so, they’ll need to request a waiver, submit an L2 form and choose NRV (no relationship to the violation) or BFP (bona fide purchaser).
2.) Restriction on Professionally Certified Filings
Beginning May 30, 2019, the DOB will also restrict professionally-certified filings on all buildings with a work-without-a-permit civil penalty issued after Local Law 158 went into effect. These buildings will be flagged in the Buildings Information System (BIS) Property Profile as “LL158/17 Pro Cert Restriction.” If the flag includes an “until” date, applications for plan approval must be filed as standard plan examination.
To put it in simpler terms, this means that any building that received a civil penalty for work done without a permit on or after August 28, 2018, will be flagged in the BIS Property Profile and will be restricted from submitting professionally-certified filings. The flag may or may not include an end date for the restriction.
Luckily, here too, there is an exception to the restriction. Applicants are allowed to submit professionally-certified filings on these buildings provided that the work completed without a proper permit was done in a part of the building that is not owned by the current building owner. This can also work if the building’s ownership has changed since the work was completed. In order to professionally certify a flagged building, applicants are required to meet with a DOB Project Advocate and present adequate proof that an exception indeed applies.
Still stressed about these changes? Give us a call at 718-855-6110 and we’ll walk you through any steps you need to take in order to remain fully compliant with the law.
At Jack Jaffa & Associates, we make compliance easy![/vc_column_text][/vc_column][/vc_row]