AUGUST 16, 2021

The newest update to the law now requires property owners to file a Property Owner Certification Form to proceed with a permit request for New Building and Alteration-CO permits. Government-owned properties and applications filed by tenants are excluded from this requirement.

It is important to note the following changes to the law:

1. If the owner listed in DOF records is an entity, the individual shareholders, partners, members, etc. DO NOT NEED to be listed.
2. Covered arrears include ECB violation penalties AND DOB VIOLATION PENALTIES THAT ARE NOT RELATED TO ECB.

Finally, please note that the completed Property Ownership Certification Form will be visible in the DOB NOW Public Portal.

JUNE 1, 2021

While initially this law only included New Building and Alteration-CO permit, the city has recently updated this law to include ALL permits, except Limited Alteration Applications (LAA), electrical, elevator jobs. (as of 6/1/21)

Last year, the DOB signed Local Law 160 of 2017 into effect, making it difficult for NYC building owners owing heavy ECB fines to be granted building permits and revoking many existing permits as well. The DOB is cracking down hard on compliance with Local Law 160 and building owners are taking notice.

Stay one step ahead of the DOB by learning all you can about Local Law 160 and ensuring that you are always compliant with the law.

Read on for answers to all your questions on Local Law 160.

What is Local Law 160?

 Local Law 160 of 2017 states that the DOB will now revoke active permits for buildings whose owners owe $25,000 or more in covered arrears to the City.  The DOB will also deny new permits for building owners who fit this criterion.

Which circumstances are included in “covered Arrears?”

 The term “covered arrears” as referenced to in Local Law 160, includes the following:

  • Unpaid fines, civil penalties or judgments entered by a court or OATH pursuant to Title 28, Chapter 2 of the Administrative Code of the City of New York.
  • Unpaid fees or other charges assessed by the DOB.

 What kind of permits does Local Law 160 apply to?

 The following building permits are affected by Local Law 160:

  • Permits for new buildings
  • Demolition permits
  • Permits for a place of assembly
  • Permits to change the use, egress or occupancy for a property

How will building owners know if a permit has been revoked?

The DOB has pledged to notify building owners, permit holders and applicants via mail if they intend to revoke an existing permit. The letter will offer the recipient the opportunity to respond and include detailed instructions as to how to proceed.

A 15-day grace period will be allowed for recipients of these letters to submit one of the following to the DOB:

  • A clearance letter from the New York City Department of Finance (DOF).
  • Proof that one of the exceptions listed in AC Section 28-105.1.2 of the law as detailed here applies.

Are there any exceptions to Local Law 160?

There are several notable exceptions to the law, including the following:

  • The applicant submits a certification from the DOF that binding agreements requiring payment of all covered arrears owed by the property owners are in place and that the owners are in compliance with this agreement.
  • The requested permit is necessary to correct an outstanding code violation that the commissioner deems necessary for public health and safety.
  • The permit is requested for a portion of a property that is occupied by a tenant who is not responsible for the covered arrears with respect to the property.
  • The permit is requested for a dwelling unit within a property that is owned by a condominium or held by a shareholder of a cooperative corporation under a proprietary lease and the owners of the unit do not owe a collective $25,000 or more in covered arrears to the city.
  •  The permit is requested for a property that was the subject of an in-rem foreclosure judgment in favor of the city and was consequently transferred to a third party.
  • The permit is requested for a property that is the subject of a court order in a case brought by the Department of Housing Preservation and Development.
  • The permit is requested for a property that is the subject of a loan provided by or through the Department of Housing Preservation and Development or the New York City Housing Development Corporation for the purpose of rehabilitation.
  • The permit is necessary for participation in a program that involves rehabilitation of the property as deemed by the Department of Housing Preservation and Development or the New York City Housing Development Corporation.

Don’t get stuck in a noncompliance nightmare! Call, click, or stop by Jack Jaffa & Associates to find out how we can help you comply with Local Law 160.

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