2023 was an amazing year, thanks to our clients! But don’t take our word for it. Hear what the Jaffa clients have to say about 2023. We thank all our clients for their business and 2023 and look forward to what 2024 will bring. Happy New Year, and thank you for your business!

There are over 90,000 homeless people in NYC.
That is why we are honored to partner with one of our non-profit clients each year to distribute top-quality warm coats to the people of New York. This year, we were privileged to partner with the amazing organization Comunilife! This event is something our team looks forward to all year and is our small way of giving back. Thank you to the team at Comunilife for all their support in this endeavor.

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.

Q: Are there any new regulations I have to worry about for the new year?

JA: I’m glad you asked. Because what would a new year be without new regulations, right?

So here are some new laws you have to worry about for 2024.

1. New Parapet Inspections
2. New Penalties for Failure to File a Statement of Registration
3. New XRF Inspections – Okay, this one is technically not new for 2024, but with a deadline in 2025, you better start worrying about these inspections NOW.

Which brings me to something else that is new for 2024!

New regulations also mean new services from the Jaffa team. So, now we are providing the following services, helping you stay compliant no matter what the new year brings.

1. XRF Inspections
2. Parapet Inspections
3. TPP Inspections

For a quick review of everything new (and old) in 2024, check out our compliance calendar, which includes a list of all your deadlines, a to-do list of compliance tasks, and a synopsis of all your new requirements. You can view it online or download and print it as a reference throughout the year.

As a New York City building owner, it isn’t easy to avoid HPD violations. There are so many ways you can misstep the law and so many regulations and deadlines to keep up with. Getting a violation is serious business. It can be used as a premise for a criminal court summons and may carry high penalties and fines. In addition, an open violation on a building can get in the way of the building’s sale and will halt all construction plans until the violation is removed.

As the City’s leading compliance service, we can guide you through your coding and safety procedures and ensure you always remain compliant. Let’s take a look at five common HPD violations and how to remove them.

HPD VIOLATION #1: SELF CLOSING DOORS

The requirement: In an attempt to prevent the spread of fires, LL62 of 2022 mandated that all doors providing access to interior corridors or stairs in R-1 and R-2 occupancy groups must be self-closing. In addition, LL63 of 22 amended the law that owners are required to keep and maintain these door in good condition.

If you are non-compliant: Failure for maintaining a self-closing door may make you liable for a class C immediately hazardous violation. These violations can result penalties as steep as $250-$500 a day from the date set for correction until the violation is corrected. LL63 changed the time to correct a violation from 21 days to 14 days. Falsely certifying a correction can run as steep as $500- $1000 per violation. In addition, if the violation remain open and not corrected, the City can assign an HPD Emergency Crew to complete the repairs and invoice the fees, costs and charges back to the Owner. So non-compliance can come with a pretty hefty price tag.

To remove the violation: Complete a COC and retain a photo of the repaired door for your records

HPD VIOLATION #2: Lack of Proper Heat and Water

The requirement: Building owners are legally required to provide heat and hot water to their tenants. Hot water must be provided 365 days a year, and maintained at a minimum temperature of 120 degrees Fahrenheit. Heat must be provided throughout “Heat Season”, which runs from Oct. 1^st through May 31^st each year. During the daytime hours of 6 a.m. through 10 p.m., if the temperature outside falls below 55 degrees, the inside temperature must be at least 68 degrees. At night, from 10 p.m. though 6 a.m., the inside temperature must be maintained at a minimum of 62 degrees.

If you are non-compliant: Failure to comply with the heat and water requirement can result in a Notice of Violation (NOV) as well as penalties, which are effective on the posting date until the violation is corrected. Penalties can run from $250-$500 per day for each initial heat or water violation. Each subsequent violation in the same building during the same or the next calendar year can result in a penalty of $500-$1000 per day. If the owner fails to pay the penalties, HPD will enter a judgment against the owner and the property.

To remove the violation: Eligible property owners can fix the violation within 24 hours of the violation posting, and submit the penalty amount within 10 days, along with a timely Notice of Correction.

HPD VIOLATION #3: Failure to Provide Smoke and Carbon Monoxide Detectors

The requirement: New York City law requires the installation and maintenance of smoke detectors and carbon monoxide detectors in all multiple dwelling units. As of April 2019, all smoke detectors must be powered by a sealed, non-removable battery with a minimum of 10 years or hard-wired to the home. Carbon monoxide detectors must be equipped with an end-of-life alarm. All detectors must be audible from all rooms in the dwelling. Property owners must ensure the detectors are always in working order and replace them as soon as they expire. In addition, the owner must post notices regarding carbon monoxide and smoke detectors in each building.

If you are non-compliant:  If a property owner fails to install smoke detectors, they can be facing fines of up to $1,000 per day of violation and even possible imprisonment.

To remove the violation: Install or replace the detectors. Keep, and provide upon request, records relating to the installation and maintenance of these detectors.

HPD VIOLATION #4: Lead Paint Hazards

The requirement: Ensure all units in buildings built pre-1960 are complete free of lead-based paint. If lead is presumed to be present in your building, or was actually found, you’ll need to provide copies of the abatement paperwork and lab test results of the dust wipes taken after any work was performed in your building. As per LL31, ALL units must undergo XRF testing by August 9, 2025. In addition, as per LL123, ALL units must undergo lead abatement steps, including friction surface removal on doors and windows by July 2027.

If you are non-compliant: If you fail to perform any of these remediations, you may be issued a Class C violation and may be required to produce your lead-related records. In addition, as per LL123, having any lead-based violations can cause your property to be chosen for a proactive inspection and audit.

To remove the violation: First, remediate the lead-based hazard. Next, have a dust wipe clearance test performed by an EPA-certified lead inspector or risk assessor. Submit a Certificate of Correction (COC) to the HPD, along with sworn statements from the Lead Abatement Contractor and Dust Wipe Contractor, the results of the dust wipe clearance testing, as well as the EPA certifications of both contractors. After you submit all the required paperwork, the HPD will arrange for a re-inspection to confirm that the hazard has been successfully removed. If the lead hazard has indeed been eradicated, the violation will be removed. As per LL123, you may also be required to provide up to 10 years of documentation.

HPD VIOLATION #5: Lack of Proper Pest Control

The requirement: Building owners must keep their properties free of all pests, including bedbugs. They must know how to best treat a bedbug infestation, frequently check for the presence of pests and eliminate any conditions that can trigger an infestation. Property owners of multiple-dwelling buildings must also file an annual bedbug report with the HPD.

If you are non-compliant: If your tenants are aware of the presence of bedbugs in one of your buildings, they can file a bedbug complaint with the HPD by calling 311. They will then be given the option of having an inspection performed by an HPD inspector. If a visual inspection confirms the presence of bedbugs or eggs, an NOV will be issued. In addition, if you fail to submit a bedbug report by the annual Dec. 31 deadline, an NOV will be issued as well.

To remove the violation: Record all the remedial actions you take and present the City with an HPD NOV Certificate of Corrections, which you can obtain by making a sworn statement testifying that you’ve followed the corrective actions issued in the Order.

HPD violations are never fun, but with identifying the key problem areas, you can hopefully avoid these violations altogether.  However, if you do receive an HPD violation, there’s no need to sweat it. Using Jaffa’s powerful compliance tools and services, we can help you resolve them as quickly as possible and avoid additional penalties.

Q: Is it true that I have to inspect my parapets?

JA: Great question, and right on time. Starting in January 2024, all buildings with parapets fronting the public right-of-way, regardless of height, must have their parapets inspected to identify and correct hazards. 

The only exceptions to this new law are detached 1- or 2-family homes or buildings with a fence or other barrier preventing access to the exterior wall.

The good news? Jaffa Permit Service will be offering Parapet inspections under the supervision of our in-house architect, Jeff Akerman. You can reach out to the head of our Permit Services, Chase, with any questions or to schedule your inspection.

Q: What are the differences in my requirements for a low vs. high-pressure boiler?

JA: Great Question.

The short answer? There are a lot of differences. Low-pressure and high-pressure boilers should NEVER be treated the same. As per the NYC, they are different entities and therefore, have very different requirements.

But before you get all HEATED up, check out this blog by our DOB Supervisor, Alexandra Schwab for a clear breakdown of the different requirements for each type of boiler.

What sets Jack Jaffa & Associates apart in the NYC real estate and construction compliance industry? It’s simple: we have a team of experts in every area of compliance, so your compliance management is seamless and always expertly handled. Some people would even call us compliance superheroes. Why not find out for yourself what makes our team so SUPER?

Q: I received a lead violation. Has anything changed since the new lead legislation?

JA: Do you want the good news or the bad news?

The bad news? The new legislation will require you to provide critical records, including your annual notice and investigations from the past year, within 45 days of getting a violation. Plus, after August 2025, these records must also include the reports for your XRF inspection as per LL31. You may also be required to provide up to 10 years of records. And that, my friends, is exactly why I always say, “Having an excellent record-keeping system is GOLD!”

Insert shameless plug for the Jaffa deFINEd app here, which allows you to track, manage, record, and create reports directly from your phone. But we’re not bragging or anything.

So what’s the good news? This legislation is only going into effect in September of 2024. So, for now, you’re good. However, with this law affecting more than just your record production, you may want to review the law carefully and ensure that you’re all set up for absolute compliance when it goes into effect.

You can check out Nate Weinberg’s (our Director of Lead Investigation) blog for everything you need to know about this new Lead Legislation (try saying that ten times quickly)