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I want to renovate my 2-family residence in Queens without vacating the house. Does my permit application need a Tenant Protection Plan, or is it optional based on the Exception listed under 28-120.1?

Yes, a Tenant Protection Plan (TPP) is required for any dwelling unit that will be occupied during construction in order for the permit process to move forward, even for a 2-family home.

In fact, each permit application for construction, alteration and partial demolition in an occupied building will require its own TPP, so if your renovation requires multiple permits, you’ll need to keep that in mind.

Under Local Law 106 of 2019, which amends section 28-120.1 of the Administrative Code, among others, any exceptions have more to do with how the TPP is filed than whether it is required.

You see, as per LL106/19:

  • “The registered design professional (RDP) who prepares the Tenant Protection Plan (TPP) must be retained by the general contractor,” meaning that the RDP who files the TPP must be separate from, but affiliated with, the general contractor on the project, who is the RDP of record.
  • “The permit holder must sign a statement certifying that the TPP submitted by the RDP coordinates with the scope of work intended.” This is referred to as the Contractor Statement.

In the case of one- and two-family homes, LL106 of 2019 allows for two exceptions to the above:

  • The RDP of record may be the one who prepares and files the TPP, rather than a separate entity.
  • The Contractor Statement requirement is waived.

But the Tenant Protection Plan itself must still be included in the application if you are planning on living in the house during renovation.

For more on the Tenant Protection Plan, see our full Decoder article on the subject, and for assistance on any permit needs, please reach out to Outsource Consultants.

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