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The title sheet of construction documents shall contain a statement requiring a tenant protection plan be submitted in accordance with the requirements of article 120 prior to the issuance of a permit for alteration, construction or partial demolition work in a building containing one or more occupied dwelling units.
(L.L. 2019/106, 6/8/2019, eff. 3/8/2020)
For amended certificates of occupancy subject to section 28-118.16.2, the term construction documents, as used in section 28-116.2.4.1, means an accurate and complete final lot survey made by a land surveyor, and floor and roof plans showing, at a minimum, compliance with exit requirements in accordance with this code.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
For applications that will result in a new building or an enlargement to an existing building, construction documents shall, on forms provided by the department:
1. Identify whether the zoning lot consists of a single tax lot or multiple tax lots;
2. In the case of multiple tax lots on a zoning lot:
2.1. state whether each tax lot does or does not have a current certificate of occupancy;
2.2. for each tax lot that has a certificate of occupancy, state whether:
2.2.1. the address of the building or open lot use on each such certificate of occupancy is consistent with the current lawful street address;
2.2.2. the block and/or tax lot numbers on each such certificate of occupancy is consistent with the current tax maps as published by the Department of Finance;
2.2.3. the certificate of occupancy indicates metes and bounds of a zoning lot and whether such metes and bounds are inconsistent with the metes and bounds of the zoning lot in the application; and
2.2.4. there is an existing building or an open lot use without a certificate of occupancy.
2.3. Following a change in the metes and bounds of a zoning lot, construction documents shall be filed by the owner of each tax lot with a certificate of occupancy that indicates inconsistent metes and bounds to reflect the change in metes and bounds of the zoning lot, in accordance with the requirements of section 28-118.3.2.1.
2.4. Following a change in the metes and bounds of a zoning lot, construction documents shall be filed by the owner of each tax lot without a certificate of occupancy or where the certificate of occupancy does not indicate inconsistent metes and bounds, in accordance with the requirements of section 28-118.3.3.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Within one year from the approval of construction documents for a new building or enlargement on a zoning lot consisting of multiple tax lots, the owners of all tax lots on the zoning lot shall comply with sections 28-118.3.2.1, 28-118.3.3 and 28-118.3.5.1 as applicable.
Exception: For the purpose of this section, condominium tax lots and air parcel tax lots shall not be deemed to be multiple tax lots.
(L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.
All applications shall comply with sections 28-104.8.1 through 28-104.8.3.
(Am. L.L. 2019/106, 6/8/2019, eff. 3/8/2020)
The application shall contain the following signed and sealed statements by the applicant:
1. A statement certifying that the applicant is authorized by the owner to make the application and certifying that, to the best of the applicant's knowledge and belief, the construction documents comply with the provisions of this code or the 1968 building code, if applicable, and other applicable laws and rules; if there exist practical difficulties in the way of carrying out the strict letter of the code, laws or rules, the applicant shall set forth the nature of such difficulties in such signed statement;
2. A professional certification; and
3. A statement certifying compliance with the New York city energy conservation code.
(Am. L.L. 2019/106, 6/8/2019, eff. 3/8/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/085.
The application shall contain a signed statement by the owner, and, in the case of cooperative or condominium forms of ownership, the application shall also contain a statement by the cooperative or condominium board, affirming that the applicant is authorized to make the application and, if applicable, acknowledging that construction and related documents will be accepted with less than full examination by the department based on the professional certification of the applicant. Such statement shall list the owner's full name and address, as well as the names of the principal officers, partners or other principals if a corporation, partnership or other entity. Principal officers of a corporation shall be deemed to include the president, vice presidents, secretary and treasurer. Where a current deed holder with a valid property interest or a court appointed entity or equivalent in charge of the property, or in the case of a cooperative or condominium unit, the cooperative or condominium board, notifies the department in writing that the applicant does not have authority to make the application, the department is authorized pursuant to section 28-104.2.10 to revoke approval of construction documents. In addition, the application shall contain the following:
1. A signed statement certifying whether the building to be altered, constructed or demolished contains one or more occupied dwelling units;
2. A signed statement indicating whether the building to be altered, constructed or demolished contains housing accommodations subject to rent control or rent stabilization under chapters 3 and 4 of title 26 of the administrative code or rent regulation under article 7-C of the New York state multiple dwelling law; and
3. If the building to be altered, constructed or demolished contains occupied housing accommodations subject to rent control under chapter 3 of title 26 of the administrative code, the application shall contain a signed statement indicating that the owner has notified the New York state division of homes and community renewal that the owner has complied with all requirements imposed by the regulations of such agency as preconditions for such filing; or that the owner has not notified such agency because the nature and scope of the work proposed, pursuant to such regulations, does not require notification; or, if the building is subject to article 7-C of the New York state multiple dwelling law, the application shall contain a signed statement indicating that the owner will notify the loft board of the filing of the construction documents and will comply with all requirements imposed by New York state multiple dwelling law article 7-C and the loft board's rules.
(Am. L.L. 2019/106, 6/8/2019, eff. 3/8/2020; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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