LL114 of 2019 increases penalties for false PW1 statements on occupancy.
It need not be stated that when it comes to DOB paperwork that honesty is the best policy. But in one particular case, it has become even more important to check and double check the accuracy of your paperwork.
Under Local Law 114 of 2019, as of August 5, 2020, the DOB can block initial work permits for multiple dwellings if issued a summons for either:
This means that if you received a summons for one of these infractions on or after December 5, 2019 (LL114/19’s effective date), you won’t be able to get any permits approved or construction done for at least a full year from the issuance of the summons, since your building will be flagged in BIS.
Why the Change?
This change comes as a result of multiple reports of owners and landlords in New York City lying on their permit applications to omit occupants in order to get out of providing a Tenant Protection Plan and exploit a legal loophole that deregulates rent-controlled apartments if the tenants leave. This was linked to a rash of tenant harassment, forcing renters to flee unsafe conditions, and a loss of 152,000 affordable housing units throughout the city since 1993.
(In short, a massive real-life “Scooby-Doo” Hoax without the fake monsters or meddling kids.)
How to Get Restriction Removed
Of course, while the law is designed to catch unscrupulous characters and protect tenants and affordable housing, it’s entirely possible to get flagged by mistake. You can get the one-year permit restriction revoked if the Office of Administrative Trials and Hearings (OATH) dismisses the summons, and you can still apply for a permit by submitting a Local Law 114 of 2019 Request for Exception to Permit Denial form and indicating one or more of the following exceptions applies:
Of course, the best way for building managers to avoid running into this issue altogether is to check that the occupancy status of your building is accurately represented in Section 26 of the PW1 form.
If your building has been flagged or if you need help with any and all forms and paperwork, Outsource Consultants is happy to help you figure out how to move forward with your projects.
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