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Building Owners Are Now Required to Deliver or Post Notices of Certain Building Violations

Another new law applicable in New York City, Local Law 110, imposes certain obligations on building owners who receive summonses for violations from the New York City Department of Buildings (DOB). If the summons issued to the owners alleges a violation inside a particular occupied dwelling unit, then a copy of the summons together with an information flyer from the DOB must be delivered to the resident of the affected unit, as well as the residents of occupied units adjacent to the affected unit, within five calendar days after the summons is served. If the summons alleges a violation based on a condition outside an occupied dwelling unit – such as a condition in common areas or affecting the building as a whole – then a copy of the summons together with the DOB information flyer must be posted “in a conspicuous manner” in the lobby of the building. A copy of the required information flyer is available online from the DOB website.

Although the text of the Local Law is somewhat vague, the DOB has reportedly advised that the new requirements apply only to violations that are the subject of summonses issued by the DOB and returnable before the Office of Administrative Trials and Hearings/Environmental Control Board (OATH/ECB), and that they apply only to residential buildings. The DOB has also reportedly advised that violations must remain posted until they are “resolved” (meaning either dismissed or corrected) and that noncompliance with the posting or delivery requirements will be treated as a separate violation that can result in additional fines.