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Reminder: Local Law Preventing Issuance of Permits for Penalties Due

Posted on December 21, 2017

Just a reminder, §28-105.1.2 of the administrative code becomes effective December 28, 2017.  Permits will not be issued where properties or owners owe in aggregate $25,000.00 or more in covered arrears.

Please note that these changes are not currently updated on the DOB’s online version of the 2014 Construction Codes, but has been incorporated into the City’s official publisher which can be found here.

Please read our original newsletter found here or below for more information.

City Council Enacts New Law Denying Building Permits to Property Owners that Owe Money to the City

Posted on September 8, 2017

On August 30, 2017, City Council enacted a local law, which does NOT take effect until 120 days after this enactment date, denying certain building permits where outstanding charges are owed to the City. Specifically, the law, which adds a new section to Article 105 Title 28 of the Administrative Code, maintains that NYC Department of Buildings (DOB) may not issue a building permit for a new building, demolition, place of assembly, or Alt-1 application for a property that owes $25,000 or more in “covered arears” to the City or if the owners of such property owe in aggregate $25,000 or more in “covered arrears” to the City.

“Covered arrears” includes (1) unpaid fines, civil penalties or judgments entered by a court or the Environmental Control Board (ECB) and (2) unpaid and past due fees or other charges lawfully assessed by the Commissioner of Buildings. “Covered arrears” does not include though any of these items that are currently in the appeals process.

However, a building permit may be issued if any of the following exceptions apply: Applicant submits a certification from Department of Finance that binding agreements are in force requiring payment of all covered arrears and the owners are in compliance with such agreement

Finally, property owners seeking any one of the permits mentioned above, must include in their applications a certification stating whether they owe such covered arrears, a list of all properties for which the owner owes covered arrears and a list of all properties owned by the owner in general, and a description of any of the exceptions if they are so applicable.

DOB can audit at least 25% of such statements submitted under this new section of the Administrative Code each year.

Disclaimer: The services provided by Design 2147, Ltd., its officers, managers, or employees are non-legal services. As such, the protection of the attorney-client relationship does not exist with respect to the services provided. The information contained in the above report is the opinion of the writer and his/her interpretation of the various NYC Construction Codes and Laws referenced therein. It is also based on information that you have provided. Although every effort was made to provide for a complete and thorough analysis, neither Design 2147, Ltd., nor any of its officers, managers or employees guarantees the accuracy of any information contained herein. Reliance upon the information contained herein is entirely at your own risk. As this opinion is only advisory, the final decision is the responsibility of the designated authority charged with the administration and enforcement of said codes.