Gas Leak Notice (HMC § 27-2005)

HPD GAS LEAK NOTICE NYC:

Property owners of a dwelling are required to provide tenants with a notice regarding procedures that should be followed when a gas leak is suspected. The information must be provided by: delivering such notice to each tenant and prospective tenant of such dwelling (all tenant-occupied units, including 1- and 2- family homes) with the lease or lease renewal form for such tenant or prospective tenant AND posting and maintaining a notice in a common area of the building. The required format for the sign is described in Section 12-11 of Chapter 12 of Title 28 of the Rules of the City of New York. Section 12-12.1 of Chapter 12 of Title 28 of the Rules of the City of new York describes conditions under which a combined notice may be used, combining notice of suspected gas leak procedures with notice for smoke detectors and carbon monoxide detectors. View Sample Notice - Suspected Gas Leak for suspected gas leak only or Sample Notice - Combined Notice for smoke detectors/carbon monoxide detectors and gas leak notice.

Section of the Law: HMC § 27-2005 (Local Law 153 of 2016)

Notice of Adoption

NOTICE IS HEREBY GIVEN that pursuant to the authority vested in the Department of Housing Preservation and Development (HPD) by New York City Charter §§1043 and 1802, New York City Administrative Code section 27-2005(f) and by Local Law 153 for the year 2016, HPD hereby adopts rules governing the information that should be provided on notices informing tenants of procedures to be followed in the event of a suspected gas leak and additionally adopts amendments to its rules governing smoke detecting devices and carbon monoxide alarms in order to clarify what records must be kept by owners for smoke detecting devices and carbon monoxide alarms. The proposed rule was published in the City Record on July 3, 2017. A public hearing was held on August 7, 2017.

Statement of Basis and Purpose

This rule implements legislative amendments to Administrative Code §27-2005, through which owners are required to provide notice to tenants, on a form approved by HPD, of the procedures that should be followed when a gas leak is suspected. The rule is intended to make clear to owners the information that should be provided on notices informing tenants of procedures to be followed in the event of a suspected gas leak and includes sample forms that may be used by owners for such purpose. Additionally, the rule clarifies what records must be kept by owners for smoke detecting devices and carbon monoxide alarms. The rule also includes minor plain language revisions. HPD’s authority for these rules is found in sections 1043 and 1802 of the New York City Charter and section 27-2005(f) of the Administrative Code.

§ 12-11 Owner Responsibilities for Notices of Suspected Gas Leak Procedures. The owner of a tenant-occupied dwelling shall take all of the following actions: (a) Deliver or cause to be delivered to each tenant and prospective tenant of such dwelling one time, along with the first lease or first lease renewal for such tenant or prospective tenant, a notice in a form approved by the Department of Housing Preservation and Development ("HPD") describing the procedures to be followed when a gas leak is suspected; (b) Post a notice in a form approved by HPD in a common area of the dwelling, readily visible, informing the occupants of such dwelling of the procedures to be followed when a gas leak is suspected.

The owner of the dwelling shall identify who the gas service provider for the dwelling is and provide the name and current emergency phone number of the appropriate gas service provider on the notices required by subdivisions (a) and (b). A sample of an approved notice, the language of which may be used for compliance with subdivisions (a) and (b) of this section, is made part of these regulations in 28 RCNY § 12-12, and may also be found on HPD’s website at www.nyc.gov/HPD. (1) When the gas service provider for the dwelling is Con Edison, the notices required by subdivisions (a) and (b) of this section shall instruct tenants to call Con Edison at 1-800-752- 6633, after first leaving the building and calling 911, unless 1-800-752-6633 is no longer the number used to report suspected gas leaks to Con Edison, in which case the current emergency phone number used by Con Edison shall be used instead. Page 8 of 9 (2) When the gas service provider for the dwelling is National Grid, the notices required by subdivisions (a) and (b) of this section shall instruct tenants to call National Grid at 1-718-643- 4050, after first leaving the building and calling 911, unless 1-718-643-4050 is no longer the current number used to report suspected gas leaks in New York City to National Grid, in which case the current emergency phone number used by National Grid for New York City shall be used instead. (d) For the notice required to be posted by subdivision (b) of this section, an owner may in lieu of such otherwise required notice, choose to post a single notice that incorporates and complies with 28 RCNY § 12-01(b) and (c), 28 RCNY § 12-06(b), and 28 RCNY § 12-11(b). A sample of such an approved notice is made part of these regulations in 28 RCNY § 12-12.1 and may also be found on HPD’s website at www.nyc.gov/HPD. § 9. Chapter 12 of Title 28 of the Rules of the City of New York is amended by adding a new section 12-12 to read as follows: § 12-12 Form for Notices for Suspected Gas Leak Procedures. A sample notice, as required by subdivisions (a) and (b) of §12-11 of these rules follows. The language used in the sample notice below may be used by an owner for both of the notices required by such subdivisions (a) and (b).

§27–2005 Duties of owner.

a. The owner of a multiple dwelling shall keep the premises in good repair.

b. The owner of a multiple dwelling, in addition to the duty imposed upon such owner by subdivision a of this section, shall be responsible for compliance with the requirements of this code, except insofar as responsibility for compliance is imposed upon the tenant alone.

c. The owner of a one- or two-family dwelling shall keep the premises in good repair, and shall be responsible for compliance with the provisions of this code, except to the extent otherwise agreed between such owner and any tenant of such dwelling by lease or other contract in writing, or except insofar as responsibility for compliance with this code is imposed upon the tenant alone.

d. The owner of a dwelling shall not harass any tenants or persons lawfully entitled to occupancy of such dwelling as set forth in paragraph 48 of subdivision a of section 27-2004 of this chapter.

1. The owner of a multiple dwelling shall provide lawful occupants of such multiple dwelling with notice prior to making repairs, or performing other work, that will cause an interruption of any heat, hot water, cold water, gas or electricity service expected to last for two or more hours. The department shall by rule prescribe the form, timing and placement of the notice, provided that the notice shall be publicly posted in a prominent place within the multiple dwelling at least twenty-four hours before the interruption of such service is expected to commence and shall remain posted until such interruption ends. Where the owner expects that an interruption of any heat, hot water, cold water, gas or electricity service will last for less than two hours or where such interruption is due to emergency repairs or work, as defined by department rule, advance notice need not be posted, provided that where such interruption lasts for two or more hours, notice shall be posted as soon as practicable after the commencement of such interruption. Such notice shall identify the service to be interrupted, the type of work to be performed, the expected start and end dates of the service interruption. The notice shall be updated as needed. Such notice shall be posted in English, Spanish and such other languages as the department may provide by rule.

2. Repairs made pursuant to section 27-2125 of this code shall be exempt from the provisions of this subdivision.

f. The owner of a dwelling shall deliver or cause to be delivered to each tenant and prospective tenant of such dwelling, along with the lease or lease renewal form for such tenant or prospective tenant, and shall post and maintain in a common area of the building containing such dwelling, a notice, in a form developed or approved by the department, regarding the procedures that should be followed when a gas leak is suspected. Such notice may be combined with any existing required notices and shall instruct tenants to first call 911 and then call the relevant gas service provider, whose name and emergency phone number shall be set forth on such notice, before contacting such owner or an agent thereof when gas leak is suspected.

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