The City Department of Buildings (DOB) is now enforcing a new law that requires building owners to provide tenants with copies of any recently issued DOB violations.
Local Law 110 of 2019, which went into effect on December 5, 2019, requires building owners to provide copies of any notice of a DOB violation issued against a property to all tenants in the building. For a violation in a common area, or any violation that affects all tenants in the building, the owner will be required to post a copy of the notice of the violation in the lobby, as well as a DOB promulgated flyer that explains to tenants what they should know and what the owner’s responsibilities are. The copy of the violation and flyer must be posted no later than five days after the violation is issued and must remain in place until it is resolved.
For a DOB violation issued for a particular apartment, the owner will be required to distribute a copy of the notice of violation, as well as the same above-mentioned flyer, to the resident of that apartment, as well as the residents of each adjacent apartment.
RSA fought vigorously against this law when it was introduced at the City Council by then-Council Member Fernando Cabrera. RSA argued that the legislation, known then as Intro. 1247-A, shifted the responsibility of posting notices from the DOB inspector to the owner. Prior to the enactment of this law, all violations were readily available on the DOB website, or by calling 311, for any tenant to view on their own terms. RSA warned the Council that posting notices that few tenants will understand will only cause unnecessary confusion and alarm. Although the law recently went into effect, RSA expects these concerns to become a reality.
The DOB flyer is available on RSA’s website in the Resources section under Required Notices and Riders. It is listed under Department of Buildings and is titled Local Law 110 of 2019 Tenant Flyer.