As you likely know by now, the NYC compliance code can change as often as the weather — and the Jaffa team is here to keep you informed, always. We don’t want you to get slapped with a violation because you missed a new or amended law, and we’ll keep you updated about any changes you need to know about so that you always stay compliant.

Recently, there have been significant updates to your requirements.  Here’s what you need to know about the recent changes and upcoming deadlines.

Changes to Local Law 33 of 2018

Is your energy label posted?

In compliance with LL 33 of 2018, NYC building owners are now required to print and post a new Building Energy Efficiency Rating Label no later than October 31st  each year. This law applies to all buildings that are larger than 25,000 square feet and appear on the NYC Benchmarking Covered Building List. The requirement to post the label is new for 2021.

You can access and print your building’s label beginning on October 1, by visiting the DOB NOW Public Portal.

The energy label includes the building’s energy efficiency score, as calculated by the City’s benchmarking tool. Be sure to post your building’s label in a visible location near each public entrance to the building. Failure to post a current label by October 31 can result in a penalty of $1250.

Hurricane Ida Fees and Permit Restrictions will be Waived

The Department of Buildings (DOB) has announced that all fees and permit restrictions for work that is being done due to damage caused by Hurricane Ida will be waived. This is effective as of September 14, and includes any and all fees for filings and permits for work that has become necessary due to damage caused by the hurricane.

To be eligible for the waived fees, building owners or applicants must indicate that the work is being done due to damage caused by the hurricane. The DOB has added a new statement to the Statements & Signatures section in all DOB NOW: Build filings, including Electrical, Limited Alteration Applications, and Elevator. Simply check the box to affirm that the work is being done due to damage caused by the hurricane, and all fees for the application will be waived.

Already paid a fee for applications for work that was necessary because of the storm’s damage? You can put that money back in your pocket. If you submitted an application that meets these criteria between September 1 and September 13, 2021, be sure to request a refund. You’ll need to submit a RF1-Refund Request Application to the appropriate email address as listed.

All properties in which the work being done is eligible for waived fees, are also eligible for waived permit restrictions. Specifically, the following permit restrictions can be waived in DOB NOW: Build:

  • Local Law 160 of 2017 (Owner Arrears)
  • Local Law 104 of 2019 (Multiple Dwellings with Excessive Open Violations)
  • Local Law 114 of 2019 (False Statements and Work Without a Permit)

To qualify for a waived permit, select an exception on the permit application that indicates the permit is necessary to perform work to protect public health and safety.

Penalty Schedules Repealed

Effective October 5, 2021, OATH has repealed the following penalty schedules:

  • Recycling –Sanitation Collection Rules Penalty Schedule. This includes recycling violations applicable to residential premises, agencies and institutions, and private carter-collected waste. It also includes repeat recycling violations.
  • Sanitation Asbestos Rules Penalty Schedule. This includes violations relating to the storage, transportation, disposal, and abandonment of waste containing asbestos.
  • Sanitation Penalty Schedule. This includes all sanitation-related violations as codified in the Rules of the City of New York and in the New York State General Business Law.
  • Vehicle and Traffic Law Penalty Schedule. This includes violations of New York State Vehicle and Traffic Law related to abandoning a vehicle and to the illegal placement of flyers on windshields or under windshield wipers of motor vehicles.

It’s important to note that all of the above mentioned laws are still in effect and violations will still be issued for noncompliance. However, OATH will no longer be issuing the penalties for any of these violations. Instead, the respective agency that holds the rulemaking and policymaking authority over each of these laws will be issuing the violations.

You can count on Jack Jaffa to keep you informed and make sure you always stay compliant. Contact us today for further assistance in all things compliance.

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