Gas Leak Notice (HMC § 27-2005)
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).
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