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LL106 of 2019: New Tenant Protection Plan Requirements

Timeline changes, updated forms, and new standards for Registered Design Professionals go into effect on November 10.

As part of a slew of local laws passed in 2017 and 2019 to prevent landlords from using unsafe construction to harass tenants (including the previously discussed LL114/19), Local Law 106 of 2019 introduces another significant change to tenant protection plan requirements that will impact construction filings in both mixed use and residential buildings.

Changes going into effect on November 10, 2020, include:

  • Moving the Tenant Protection Plan from prior to approval to prior to permit requirement.
  • Requiring the registered design professional responsible for TPP issuance to be retained by the project’s general contractor (as opposed to the building owner) with few exceptions (refer to service notice)
  • Mandating a statement signed by the permit holder that certifies the submitted TPP “coordinates with the scope of work intended.”

What Does This Mean?

It means design applicants issuing plans for renovations and alterations in mixed use and residential buildings will no longer be required to include tenant protection plan notes on their drawings or to sign and submit the TPP1 form. All that will be required for plan approval, starting November 10th will be a note on the drawing sets cover sheet that indicates a tenant protection plan must be submitted prior to permit issuance.

It also means that there could be permit delays depending on how quickly the contractor can engage an independent design professional to prepare and provide the TPP required for permit issuance and that contractor bid specifications will need to be updated to incorporate this requirement so that contractors can provide estimates that include it.

We expect a cottage industry will quickly be established to cater specifically to this need throughout the city fairly quickly, but in the interim, there may be hiccups.

We also expect the Building Department to aggressively increase their frequency of inspections and oversight in an effort to ensure TPP plans filed correspond to in field conditions, and to likely issue fines and penalties when discrepancies are observed.

Effective Dates

If you have already started the filing process, or start filing prior to November 10, the most recent TPP1 (Rev. 5/20) and PW2 (Rev. 6/18) forms will still be accepted through December 4, 2020. However, as of December 7, 2020, the updated (11/20) forms will be the only versions accepted, so watch your timelines carefully.

If you need assistance in navigating these new filing processes, or for all other code and filing needs, feel free to reach out to Outsource Consultants.