Last August, the Department of Buildings (DOB) announced its plan to add a new section to the Rules of the City of New York (RCNY). And now that rule is going into effect October 3rd. With higher penalties and possible permits and COs on the line, it might best to brush up on the new regulations before that date

Here’s exactly what you need to know about Section 102-05.

Where has this section been added and what does it affect?

Section 102-05 is being added to Subchapter B of Chapter 100 of Title 1 of RCNY, which discusses penalties for failure to certify.

The existing sections 28-219.1 rules regulate penalties for failure to certify correction of certain immediately hazardous violations and set a range for these penalties. The new addition, Section 102-05, separates 1- and 2-family dwellings from other kinds of buildings and adjust the penalties accordingly..

Are the new penalties in addition to existing penalties or will they replace them?

The newly established penalties in Section 102-05 are in addition to all penalties already authorized by Article 202 of Chapter 2 of Title 28 of the Administrative Code.

What are the changes that the new section makes?

Section 102-05 adds a rule which states that any time a building owner fails to submit certification of correction of an immediately hazardous violation that poses a threat of imminent danger to public safety or property, they are required to pay one of the following penalties:

  • For one-family or two-family dwellings, the penalty is $1,500.
  • For all other kinds of buildings, the penalty will fall within the range of $3,000-$5,000.

In addition, no permit or certificate of occupancy will be issued, and no stop work order may be rescinded at the property, until the penalty is paid to the DOB. However, failure to pay the penalty will not prevent the issuance of a permit for work that needs to be performed for compliance with Articles 215 or 216 of Chapter 2 of Title 28 of the Administrative Code.

How can I avoid paying the penalty?

To avoid the new penalty, be sure to submit a certification of correction for all violations that meet the criteria detailed above.  And if you have any open violations now, we suggest taking care of them before October 3rd to avoid these additional consequences.

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