Loading...
Applications for the approval of construction documents for the following categories of work are covered by this article:
1. Demolition of all or part of the pilot program building, other than interior demolition being conducted in the course of renovation of occupied units for the purpose of repair to such units where the commissioner determines that issuance of such permit is necessary to perform work to protect public health and safety;
2. Change of use or occupancy of all or part of a dwelling unit, any residential portion of the pilot program building, or any part of such building serving such dwelling units;
3. Any alteration resulting in the addition or removal of kitchen or bathrooms, an increase or decrease in the number of dwelling units, or any change to the layout, configuration, or location of any portion of any dwelling unit;
4. An application for a new or amended certificate of occupancy; or
5. Such other types of alteration work to a pilot program building as shall be prescribed by rule of the commissioner of housing preservation and development.
Exceptions:
1. Work solely for the purpose of either (i) making the public areas of a pilot program building accessible to persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall not be covered by this article.
2. Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract with a city agency shall not be covered by this article.
3. Repairs, replacement, modification, or partial demolition work in a building that is the minimum required to be performed to address conditions for rescission of a vacate order issued by the department of housing preservation and development or the department.
4. Work performed on a building that has an administrator currently appointed pursuant to article seven-a of the real property actions and proceedings law shall not be covered by this article.
5. Other categories of work that are excluded from the definition of covered categories of work by rule of the department of housing preservation and development shall not be covered by this article.
(L.L. 2018/001, 12/31/2017, eff. 9/27/2018; Am. L.L. 2021/119, 10/25/2021, eff. 9/27/2021; Am. L.L. 2021/140, 11/21/2021, retro eff. 10/31/2021; 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. 2018/001, L.L. 2021/119, L.L. 2021/140 and L.L. 2023/077.
The commissioner shall not approve any construction documents, nor issue an initial or reinstated permit in connection therewith, for a pilot program building for the covered categories of work unless the applicant provides:
1. A sworn affidavit by or on behalf of all the owners of such building that has been provided to the department of housing preservation and development, which states that there will be no harassment of the lawful occupants of such building by or on behalf of such owners during the construction period;
2. A tenant protection plan as provided for in this code; and
3. The following documents from the commissioner of housing preservation and development:
3.1. A current certification of no harassment that there has been no harassment of the lawful occupants of such pilot program building within the 60 month period prior to submission of an application for such certification to the department of housing preservation and development, provided, however, that such certification of no harassment shall except any portion of such 60 month period during which title was vested in the city;
3.2. A waiver of such certification; or
3.3. A certification that a restrictive declaration, in accordance with subdivision e of section 27-2093.1 of the housing maintenance code, has been recorded in the office of the city register or the Richmond county clerk and indexed as provided by the department of housing preservation and development.
(L.L. 2018/001, 12/31/2017, eff. 9/27/2018; Am. L.L. 2021/119, 10/25/2021, eff. 9/27/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/001 and L.L. 2021/119.
Application for a certification of no harassment or waiver shall be made pursuant to section 27-2093.1 of the housing maintenance code.
(L.L. 2018/001, 12/31/2017, eff. 9/27/2018; Am. L.L. 2021/119, 10/25/2021, eff. 9/27/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/001 and L.L. 2021/119.
The time period in which the commissioner is required to approve or reject an application for construction document approval or resubmission thereof pursuant to this code shall commence from the date that the commissioner receives the documents required pursuant to item 3 of section 28-505.4.
(L.L. 2018/001, 12/31/2017, eff. 9/27/2018; Am. L.L. 2021/119, 10/25/2021, eff. 9/27/2021; 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. 2018/001, L.L. 2021/119, and L.L. 2021/126.
The department shall not issue any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on a lot subject to an restrictive declaration pursuant to subdivision e of section 27-2093.1 of the housing maintenance code, other than for any low income housing located on such lot, until the department of housing preservation and development certifies that the low income housing required by such restrictive declaration has been completed in compliance with the restrictive declaration and the department has issued a temporary or permanent certificate of occupancy for each unit of low income housing covered by such restrictive declaration.
(L.L. 2018/001, 12/31/2017, eff. 9/27/2018; Am. L.L. 2021/119, 10/25/2021, eff. 9/27/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/001 and L.L. 2021/119.
Loading...