As a property owner, you know how important it is to keep yourself in the know about any changes to the NYC compliance code. As always, Jack Jaffa & Associates has got you covered!

Read on for a rundown on all the major changes to the ECB Penalty Schedule:

PENALTY INCREASES

Lots of existing penalties have jumped for 2018. Here are some of the most significant increases:

Many Aggravated I default penalties will now match Aggravated II default penalties. Aggravated I penalties are typically a lot lower than Aggravated II penalties.  With the new changes in place, many infractions will now have an Aggravated I penalty of $25,000.

Some of these infractions include:

Using an unqualified foreman (104-20)
Superintendent neglecting to comply with code (3301.13.17)
Equipment user failing to designate a lift director (3319-02)
Failure to assemble, disassemble, or ensure crane or derrick are assembled or dissembled as per plan (3319-01)
Equipment user failing to maintain crane or derrick log (3319-01[h])
Failure to take required measures to secure public safety; having an unsafe façade (28-302.5)
Failure to file evidence of compliance with Workers Comp, law and/or disability benefits law (28-401.9)

Failure to maintain an elevator or conveying system, (28304.1) has seen a huge increase in its standard penalty. It is now set at $12,500, up from just $1,000.

NEW INFRACTIONS

The DOB has added several brand-new infractions to the penalty schedule. Make sure you’re up to date on these most recent violations.

Most additions to the penalty schedule are related to construction equipment like cranes and derricks (3319-01 & 3319.02). To be fully compliant with the law, all construction equipment must be assembled and disassembled as per plan, be maintained properly, be overseen by a qualified foreman, and its use must be logged in detail.  There must also be a designated lift director on site.

There are no cures for these violations and failure to comply with them will result in fines starting at $3,125 for a mitigated Class 2 infraction and increasing up to $25,000 for an Aggravated I penalty.

PENALTY DECREASES

It’s not all bad news for property owners this year. These infractions have seen a decrease:

Standard penalty for the failure to install luminous egress or photo luminescent exit path marking in high-rise buildings, (BC 403.16 & BC 403.5.5) has gone down to $2,500 from $4,800.

Standard penalty for a class 2 failure to complete, implement or amend a bicycle access plan or provide request for exception, (28-504.1.2 [3]) has gone down to $625 from $800 and the default penalty has gone down to $3,125 from $4,000. Similar infractions regarding posting notices about bicycle access (28-504.1.4[6]) and neglecting to file bicycle access plans in a timely manner (28-504.1.4[7]) have seen identical decreases.

If You are Issued a Violation

With so many infractions increasing this year, you don’t want to be caught on the wrong side of the law.

If you are issued a Notice of Violation, don’t panic. Here’s what you need to do:

Verify if your infraction is eligible for a cure date. If it is, you’ll find it listed on the proposed penalty sheet.

Verify if your infraction is eligible for a Stipulation. If it is, you’ll find it on the proposed penalty sheet as well.

Fix your violation and follow up with a Certificate of Correction by the designated date. This way, you won’t have to pay the full penalty amount.

If your violation is eligible for a mitigated penalty, you’ll find that information on your Notice of Violation. In order to qualify for the smaller penalty amount, you’ll need to prove that your violation was corrected before the hearing date.

With the new ECB Penalty Schedule in effect, you need to be certain that you are in full compliance of the law at all times. We can help! Jack Jaffa & Associates will work with you to ensure that you’re always following the NYC compliance code.

The post All You Need to Know About the ECB Penalty Schedule Increase appeared first on Jack Jaffa & Associates.

Every year, the DOB meets to discuss proposed increases to the ECB penalty schedule. As you’ve probably heard, this year, quite a lot of penalties will be increasing.

While these increase should have you worried, at least you can be assured that as always Jaffa is here to help you navigate these changes and to break down what exactly you need to know about the latest NYC compliance code changes.

What’s Changing?

There are lots of penalties scheduled to increase this year. Several of them will even double in amount – or more. Here are some you should know about:

• Many Aggravated I default penalties are jumping to $25,000.
• Some new infractions have been introduced, primarily effecting construction equipment.
• The Class 1 infraction 28-304.1 – failure to maintain an elevator or conveying system will see a huge jump for standard penalty, increasing from $1,000 to $12,500.

Believe it or not, some fines are actually decreasing. The most significant reduction that will affect you as a landlord is the Class 1 infractions for failing to install luminous egress/photo-luminescent exit path markings in a high rise building. While maximum amounts aren’t changing, first-timers and Aggravated I offenders will see a nearly 50% decrease in fine amounts.

You can check out the full DOB Penalty Schedule for 2018 here.

But regardless if the particular penalty you find yourself facing has increased or decreased, you never want to pay full price anyway. When it comes to how you handle a violation and/or penalty, there are many options besides just writing the check. Check out our next blog, for ways to reduce or eliminate your penalty.

And if you’re still worried about the penalty increases coming your way? Don’t! Jack Jaffa & Associates can help ensure that you’re always following the NYC compliance code, so you can hopefully avoid them all together.

The post What you need to know about the ECB Penalties Increase appeared first on Jack Jaffa & Associates.