The rule amendments to Chapter 3 of Title 28 of the Rules of the City of New York revise and clarify many aspects of Mitchell-Lama developments.
Rule Amendments Regarding the Mitchell-Lama Program The law and rules also exclude buildings from selection that are under administrative or legal oversight and are therefore already monitored for potentially hazardous conditions, including non-functioning self-closing doors. In buildings which potentially have such hazards, a non-functioning self-closing door may result in serious harm, and repeated heat complaints may indicate conditions that may cause tenants to use heaters that could cause a fire. The criteria are based on the connection between the conditions described in the criteria and the potential for a fire safety hazard to be created. The rules provide the criteria for selection of class A multiple dwelling buildings, which include building size and recent history of violations for conditions which could create fire safety hazards.
HPD must annually select 300 buildings for inspections of self-closing doors pursuant to criteria established by rule. Section 27-2041.2 requires HPD to periodically inspect certain self-closing doors in class A multiple dwellings. In 2022, the City Council enacted Local Law 71 of 2022, which added section 27-2041.2 to the Administrative Code. Required self-closing doors must close and latch on their own without having to be pulled shut manually. Owners are responsible for inspecting these doors and maintaining them in good repair. The rationale for this requirement is to ensure that in case of a fire in an apartment, smoke will not spread to hallways and other apartments due to a door that is left open and does not self-close.
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This clarification, regarding documentation, is intended to assist owners in correcting their violations relating to indoor allergen violations more expeditiously by informing them of the documents necessary to complete their certification of correction, which will assist in the rescission of the Underlying Conditions Order.Īdoption of Rules Relating to Self-Closing DoorsĪdministrative Code section 27-2041.1, which was added by Local Law 111 for the year 2018 and amended by Local Law 63 of 2022, requires owners of multiple dwellings that are required to be equipped with self-closing doors by Administrative Code section 28-315.10 to keep and maintain such self-closing doors in good repair. These amendments to the rules clarify the documentation required to demonstrate correction of the underlying conditions relating to mold and water leak violations in order to achieve compliance with the order and secure its dismissal. Underlying conditions are physical defects or failure of a building system that is causing or has caused a violation of the Administrative Code, Multiple Dwelling Law, or any other state or local law that imposes requirements on dwellings, including, but not limited to, a structural defect or failure of a heating, plumbing, or other system. The adopted rules amend section 44-03 of Chapter 44 of HPD’s rules relating to orders by the Department for the repair of underlying conditions. Adoption of Amendments to Rules Relating to Underlying Conditions
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