Q: I recently installed a pool in one of my buildings. Now that summer is coming, we’ll be opening it to our tenants. What inspections and obligations do we need to fulfill to meet safety and health standards?

JA: Firstly, good for you for putting a pool in your building, and even better that you’re being proactive about its compliance!

Pools are a great addition to any building, but they do require proper maintenance and inspections. Therefore, you will want to be sure to do regular water quality testing and proper maintenance of pool equipment.

You should also make sure to comply with fencing and barrier requirements and adhere to safety standards for pool operations and local health department regulations.

And more importantly, you’ll want to perform regular inspections of your pool.

If you’re already using our Jaffa deFINEd app, then you can use our pool inspection template and tweak it to your specific requirements. The easy-to-use inspection portal for all preventative inspections such as pool inspections coupled with the ability to customize inspections, makes the task of inspections as easy as clicking some buttons. Now if only everything in your life was this simple, you might actually be able to enjoy a few laps in your building’s pool yourself.

If you want more information about how the inspection portal works, you can check out our tutorial video on our PREdeFINEd module here.

And if you’re not using our app yet?
It’s worth a try, especially for all your inspections. Our clients are loving how easy it is to manage their compliance but are especially blown away by the inspection options. Trust us, it will revolutionize the way you stay compliant and help you to ensure your entire building, including your pool is always safe & compliant.

Try it out today.

Q: Summer is coming up, and some of my tenants are planning on renting out their apartments for the summer. What are my responsibilities as a property manager?

JA:With the weather warming up and summer vacation fast approaching, lots of people are renting out their apartments on Airbnb or other short-term rental platforms. But having a tenant rent out their apartment isn’t as simple as it seems.

In addition to existing laws for short-term rental in NYC, last year, LL18 was put into effect. As per this law, hosts are required to register their apartment with the city before renting out their homes for less than 30 days, under penalty of a fine.

And this law doesn’t just affect your tenants. As a building owner or property manager, you’re responsible for the safety and compliance of your properties, so YOU will be issued a violation for any illegal short-term rentals on your property.

If you don’t want your apartments being used as short-term rentals, you can always have your building listed on the Forbidden Building list with the OSE.

To learn more about LL18 and how it affects you, you can check out our CEO Jack’s blog on the topic.

New Trash Regulations for 2023: The DSNY’s Newest Laws

In an effort to mitigate the City’s rat problem, Mayor Adams and the Department of Sanitation (DSNY) announced new rules for trash and recycling. The new rules, made public on October 17, 2022, will go into effect on April 1, 2023 and strict reinforcements will be in place to ensure compliance.

Here’s what you need to know about the new DSNY laws.

Which buildings will be affected by the new laws?

The new DSNY laws will affect residential and commercial buildings. The rules vary according to building type.

Residential buildings

When the new laws go into effect, residential buildings will have three options for trash disposal:

1. Place the trash in a secure container at the curb after 6 PM and no later than 12AM.
2. Place the trash directly on the curb after 8 PM and no later than 12AM.
3. Buildings with nine or more residential units can choose to opt into the Multiunit Building Collection Program, which allows you to set out the trash after 4AM and no later than 7AM. This program application option will only be available for the month of January of each year and will enable the DSNY to build the most efficient routes, which will take effect on April 1. You can apply to this program HERE.

The new rules will minimize the amount of time trash sits at the curb, which will hopefully reduce the rat problem in the City.

Commercial buildings

Commercial buildings often hire a private waste company to manage their trash removal instead of relying on service from the DSNY. However, they are still required to abide by the new city regulations for trash removal.

Commercial buildings have two options trash disposal:

1. Put trash bags directly on the curb after 8 PM if putting bags directly on the curb.
2. Place trash in a secure container one hour before closing.

Here, too, the new rules will minimize the amount of time trash sits at the curb, which would help resolve rodent issues.

As a property owner, it’s important to note that the new rules will likely have a significant impact on how you manage your buildings, from staff scheduling, to property maintenance and more. Plan ahead for these changes before they actually go into effect so that you are full prepared to remain compliant while keeping your buildings running as efficiently as possible.

How can I keep my property free of rodents?

A rat problem can be a nightmare for a property owner and their tenants. In addition to complying with the city’s trash disposal rules, follow these tips to keep your buildings free of rodents:

• Clean up often and clean up well. Garbage provides a hiding place and source of sustenance for rats. Keep the area surrounding your property free of garbage and clutter.
• Use rat-resistant garbage bags. Invest in specialized rat-proof garbage bags for the trash in front of your tenant buildings to keep the rodents out.
• Make sure your tenants have sufficient trash containers. Any exposed and overflowing garbage will invite rats.
• Trim your grass and landscaping. Overgrown grass, tall weeds and shrubs provide the perfect place for rats to live and nest. Keep your landscaping cut short to keep the rats out.
• Don’t feed the animals. Encourage your tenants not to leave food out for birds, cats, squirrels or any other animals as this will attract undesired creatures, like rats.
• Seal the holes in your property. Have an expert check the foundation of your buildings, the sidewalk in front of your properties and under doors for holes and cracks. Seal every hole as each one can be an access point for rats.

The new rules won’t go into effect for another few months, but you may want to familiarize your staff with the new trash disposal system in advance so they are fully prepared. You can view the DSNY updated rules on their SITE.

Still confused about the DSNY’s new rules? We can help! Contact Jack Jaffa & Co. today to learn more.

Short term rentals getting the short end of the stick?

Everyone’s looking for ways to make a quick buck these days, and renting out their apartments to vacationers on Airbnb or another short-term rental platform is an easy way for New Yorkers to pad their pockets. But renters and property owners need to know that this process is about to become a lot more complicated, thanks to a new law going into effect in 2023.

Here’s what you need to know about the new law as a NYC building owner.

What is the new law?

Local Law 18 of 2022 requires hosts to register their apartment with the city before renting out their homes for less than 30 days. LL 18 will be going into effect on January, 9, 2023.

What are the requirements for LL 18?

The Short-Term Rental Registration Law requires all short-term rental hosts to register with the Mayor’s Office of Special Enforcement (OSE). If the application is approved, the OSE will issue a registration number for the applicant. Booking platforms like AirBNB will need to verify the registration number of any unit before listing it for rent. There will be penalties of up to $5,000 for both hosts and booking services who do not comply with LL 18.

Short-term rental listings for units in Class B multiple dwellings, which have been approved by the City of New York for legal short-term occupancies, are exempt from the registration requirement.

Can anyone register an apartment?

The law limits registration of host-apartments to people that occupy a unit of housing. The OSE cannot grant a registration for rent-regulated and NYCHA units. Registration requests will also be denied for all buildings on the Prohibited Building lists, created by owners who notify the OSE that short-term rentals are not allowed in their buildings.

Are there any additional requirements for short-term rentals in NYC?

The new law, requiring hosts to register their apartments before a short-term rental, does not nullify these existing laws for short-term rentals in NYC:

• It is illegal to rent out an apartment for fewer than 30 days if the owner or tenant is not present.
• Hosts may have up to two paying guests staying in their apartment for fewer than 30 days.
• Every guest must have free and unobstructed access to every room and to each exit within the apartment.
• Internal doors cannot have key locks that allow guests to leave and lock their room behind them. All occupants need to maintain a common household; every member of the family and all guests must have access to all parts of the dwelling unit.
• New York State law  prohibits the advertising of an apartment in a Class A multiple dwelling for rent for fewer than 30 days. Fines for noncompliance range from $1,000 to $7,500, and will be issued to the person responsible for the advertisement.

As a NYC building owner, how does LL 18 affect me?

As the building owner, you are responsible for ensuring that your properties are maintained in a safe and compliant manner at all times. You will be issued a violation for any illegal short-term rentals on your property. Consequently, it may be in your best interest to educate your tenants about the new law and assist them in any way possible with registering their apartments for short-term rentals.

If you’re wondering whether your tenants are renting out your units, you can stop the guesswork—the OSE will alert building owners about short-term rental registrations in their buildings. If you don’t like the idea of your apartments being used as short-term rentals you can always have your building listed on the Forbidden Building list with the OSE.

The good news, this is a law that might actually help property owners, as Local Law 18 will enable NYC building owners to stay in the know on short-term rentals in their buildings, and to forbid short-term rentals if they so desire.

JJ Blog-End-of-Year Deadlines

‘Tis the season of the endless to-do lists! Between the gift shopping, cooking for the holidays, and the million other tasks you need to tend to before year’s end, the days are packed. And as you wrap up the year, don’t forget your end-of-the-year compliance deadlines. Make sure to remember to file all the paperwork and schedule all the inspections necessary before the end of the year.

Stressing over which tasks you need to do before the New Year? No worries—we’ve done the legwork for you! Below, we’ve compiled a comprehensive list of all the year-end deadlines so you can see exactly what you need to do before the old year blows out and the new one blows in.

 

1.   File your annual bedbug report

The last day to file your building’s annual bedbug report is Dec. 31 of each calendar year. The report will cover the period of 11/1/21 through 10/31/22 and can be filed anytime from 12/01/22 through 12/31/22.

Here’s how it’s done:

• Make an attempt to obtain the bedbug infestation history from the tenant or unit owner of each unit in your multiple-dwelling property.
• Complete your bedbug report and file it online with the HPD. The report must include the number of dwelling units in your building, the number of units that had a bedbug infestation during the period in question, the number of units in which eradication measures were employed during this time, as well as the number of units that had a bedbug infestation after eradication measures were employed.
• Distribute a copy of the form to every tenant in the building upon each new or renewed lease and post it in a prominent location within the building.
• In addition to filing the annual report, you are also required to maintain your property so that it is free from pests, which includes, but is not limited to, providing extermination services and keeping the building free of excess debris. You are also required to take appropriate measures if a tenant complains of an infestation.

 

2.   File your annual elevator and boiler inspections

Dec. 31 is the last day to file your annual elevator and boiler inspection with the DOB NOW: Safety DOB. All high-pressure and low-pressure boilers must be inspected annually, and reports must be submitted to the DOB within 14 days after the inspection. Elevators must have periodic inspections as well, and Category 1 tests at any time throughout the year. The annual inspections, periodic inspections and Category 1 tests must be performed by Dec. 31, 2022. Reports for the periodic inspection must be submitted to the DOB within 14 days of the test, and reports for the Category 1 test must be submitted within 21 days of the test. 

If you haven’t had your elevators and boilers inspected yet, make sure you schedule your inspection today!

 

3.   Inspect your buildings for allergen hazards and pests

NYC property owners are required by law to perform indoor allergen hazard investigations by Dec. 31 of each year. 

Here’s what that means for you.

• All owners of buildings with three or more units must keep their apartments free of molds and pests. If the presence of an allergen or pest is discovered, the owner must take appropriate eradication measures. 
• Inspect each dwelling unit and common area in the building annually for allergen hazards like mold, as well as household pests like mice, cockroaches and rats. 
• Provide notice to tenants informing them of the presence of an allergen or pest.
• Submit a certification of correction for any violation for this law.
• Respond appropriately to any tenant’s complaints of allergen or pests.
• Remove asthma triggers upon apartment turnover. 
• Provide tenants with the allergen fact sheet.

 

4.   Perform a lead-paint inspection 

Dec. 31 is the final day for performing the required annual lead-paint inspection. In addition, below is a list of all your lead-based paint requirements for the year. 

• Send an annual notice to tenants to inquire as to whether children under the age of 6 reside in the unit.
• Conduct an annual visual inspection of any unit in which a child under the age of 6 resides.
• Inspect and repair all lead-based paint hazards during tenant turnover.
• Use lead-safe work practices during repairs and renovations.
• Hire EPA-certified lead abatement professionals for any repairs of lead-based paint hazards.
• Inform tenants of owner responsibilities towards lead paint hazards and provide them with a copy of the Lead Paint Hazards in the Home pamphlet.

 

5.   Submit EER for  buildings due in 2022 on the covered building list

Dec. 31 is the final day to submit the EER for all buildings on the 2022 covered building list. This includes all buildings of 50k square feet with the last digit of 2 in the building’s tax block number. You can find the complete list of covered buildings here. If your building is on this list, be sure to submit your EER to the DOF before the end of the year. 

 

6.   Perform a gas piping inspection

Dec. 31 is the final day to perform a gas piping system inspection or submit certifications to the DOB for Community Districts 2, 5, 7, 13, and 18 in all boroughs. Gas piping systems must be inspected annually in all multi-family buildings. Inspections must be performed by a Licensed Master Plumber (LMP) or a qualified individual working with a LMP. 

Make sure to cross this task off your to-do list before the end of the year.

 

We get it, it’s the end of the year and your days are packed. Which is why we’re here to help with this part of your to-do-list. So if you’re feeling overwhelmed with your compliance tasks, don’t hesitate to contact us today. We’re always happy to keep your buildings compliant and your work life stress-free.