Public Hearing Set for Proposed HPD "Underlying Conditions" Regulations


Local Law 6 of 2013 was recently amended by the city council to allow HPD to issue an order requiring a building owner to correct underlying conditions in a building that have caused or are causing a violation of the Housing Maintenance Code or of other state and local laws that impose requirements on dwellings.

The legislation authorizes HPD to set the criteria used to select buildings for issuance of such orders to correct underlying conditions. The proposed rules target buildings that have recurring violations caused by infrastructure problems, where an owner repeatedly performs cosmetic repairs rather than addressing the underlying cause. The criteria proposed focus on buildings that have recurring water leak and mold violations where owners have failed to address the impaired building system that is causing those violations.

HPD expects to identify and issue these orders to approximately 50 such buildings per year, giving priority to buildings based on the number and severity of violations.

The public hearing to comment on the proposed rules is set for May 7 from 10 a.m. to 11 a.m. It will be at 100 Gold Street, Room 5R1, New York, NY 10038.

Click here to read the proposed rules.


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