My NYC COMPLIANCE DEADLINE CHEAT SHEET (pdf file)

Compliance Deadlines for New York City Building Owners: HPD, DOT, DOB, FDNY, and More

As a building owner in New York City, it is critical to remain compliant with various regulatory agencies to avoid costly penalties, fines, or legal actions. The New York City Department of Housing Preservation and Development (HPD), Department of Buildings (DOB), Department of Transportation (DOT), and the Fire Department of New York (FDNY) all have distinct requirements and deadlines for building owners to follow. This article provides an overview of the most important compliance deadlines and requirements for NYC building owners.

1. HPD Compliance Deadlines

The Department of Housing Preservation and Development (HPD) is responsible for enforcing the NYC Housing Maintenance Code, which mandates building owners to maintain safe and habitable conditions for tenants. Building owners must address any HPD violations within specific deadlines.

• Violation Correction Deadline: Building owners who receive violations from HPD, such as for failing to maintain smoke detectors, carbon monoxide alarms, or addressing lead-based paint hazards, must correct these issues within the timeline specified on the violation notice. Typically, violations must be addressed within 30 to 90 days, depending on the severity of the issue.

• Certification of Compliance: After correcting violations, building owners must file a certification of compliance with HPD. Failure to submit this documentation can result in continued penalties and legal action.

• Penalties: Non-compliance with HPD orders may result in fines of up to $500 per violation, with continued non-compliance accruing additional daily penalties. In severe cases, HPD may take legal action, including seeking court orders to compel repairs or placing the building into the Alternative Enforcement Program (AEP).

2. DOT Compliance Deadlines

The Department of Transportation (DOT) oversees sidewalks, roadways, and other infrastructure around NYC buildings. Building owners are responsible for maintaining sidewalks adjacent to their properties and ensuring that no hazards, such as cracks or uneven surfaces, are present.

• Sidewalk Repair Deadline: Upon notification from DOT, property owners are typically given 45 to 60 days to repair any sidewalk defects. If the owner fails to make the necessary repairs, DOT may perform the work and bill the owner for the cost, in addition to issuing fines.

• Annual Inspection of Sidewalk Sheds and Scaffolding: If scaffolding or sidewalk sheds are erected around a building, an annual inspection is required, and the scaffolding must meet all DOT safety standards. Non-compliance could result in violations and removal orders.

3. DOB Compliance Deadlines

The Department of Buildings (DOB) ensures that buildings are safe and up to code. There are several key DOB deadlines and requirements that building owners must adhere to:

• Façade Inspection Safety Program (FISP): Buildings taller than six stories must undergo periodic façade inspections under Local Law 11. Reports must be filed with the DOB every five years. The upcoming deadlines for façade inspections vary depending on the building’s block and lot number.

• Boiler and Elevator Inspections: Annual boiler inspections are required under Local Law 62, and the results must be filed with the DOB within 45 days of the inspection. Elevators must also be inspected annually under Local Law 10, with reports submitted by the building owner. Failure to file these inspection reports can result in significant fines.

• Penalties for Non-Compliance: Fines for non-compliance with DOB requirements can range from $1,000 to $5,000 for façade violations, and daily penalties can accrue if conditions are not remedied. For boiler or elevator non-compliance, fines can range from $1,000 to $3,000 per missed inspection report.

4. FDNY Permits and Deadlines

The Fire Department of New York (FDNY) requires building owners to obtain and maintain permits for a variety of fire safety systems, including sprinklers, standpipes, and fire alarms. These permits must be renewed annually or as specified by FDNY regulations.

• Permit Renewal Deadlines: FDNY permits for fire protection systems, fuel storage, and other safety mechanisms must be renewed by the date specified on the permit. Building owners are responsible for ensuring that these permits are active and valid.

• FDNY Violation Deadlines: Upon inspection, the FDNY may issue violations for non-compliance with fire safety regulations. Owners must correct these violations within the timeframe noted on the violation notice, which can range from 10 to 30 days. Failure to comply can result in substantial fines and legal actions.

5. Additional Compliance Requirements for NYC Building Owners

In addition to the specific deadlines and requirements from HPD, DOT, DOB, and FDNY, building owners in NYC must stay updated on a range of other obligations, including:

• Energy Efficiency Labels (Local Law 33/95): Buildings larger than 25,000 square feet must post energy efficiency grades based on their energy performance. The deadline for obtaining and displaying these energy efficiency grades varies but is generally required by May of each year.

• Natural Gas Detectors: Starting May 1, 2025, NYC law requires the installation of natural gas detectors in all residential units. Building owners should plan ahead to ensure compliance with this new requirement.

• Mandatory Composting: Starting October 6, 2024, NYC’s mandatory composting program requires building owners to provide composting options for tenants. This law applies to all residential buildings and carries penalties for non-compliance.

Consequences of Non-Compliance

Failure to meet these compliance deadlines can result in a range of consequences, including:

• Fines: Daily fines can accrue for non-compliance with HPD, DOT, DOB, or FDNY regulations. These fines can quickly add up, especially if issues are not remedied in a timely manner.

• Legal Actions: In severe cases, non-compliance may lead to legal actions by city agencies, including court orders to perform necessary repairs or, in the most extreme cases, property seizure or forced repairs under city programs like HPD’s AEP.

• Loss of Permits: Building owners who fail to maintain FDNY fire safety permits risk losing their permits, which could result in shutdowns or significant operational interruptions.

Staying Compliant

To avoid costly penalties and legal actions, building owners in NYC must stay informed about the various deadlines and requirements for their properties. Regular inspections, proactive maintenance, and timely filing of required reports with HPD, DOT, DOB, and FDNY are essential for ensuring compliance.

Tips for Staying Ahead of Deadlines:

• Calendar Tracking: Use a calendar or project management tool to track all inspection and filing deadlines for your properties.
• Professional Help: Consider hiring a property management company or compliance expert to assist with navigating complex regulations and ensuring timely submissions.
• Regular Inspections: Schedule regular internal inspections and maintenance checks to identify potential issues before city agencies do.
• Permit Renewals: Stay on top of FDNY, DOB, and DOT permit renewals to avoid lapses that could result in violations.

By remaining vigilant and proactive, building owners can ensure compliance with NYC’s complex regulatory environment and avoid the hefty consequences of non-compliance.