For purposes of this chapter, the following terms have the following meanings:
a. Heat Season. Heat season means the period of time beginning on October first of one year, and ending on May 31st of the following year.
b. Internet Capable Temperature Reporting Device. Internet Capable Temperature Reporting Device means a device that is capable of measuring the indoor air temperature not less than once per hour and recording such temperature, along with the date and time of such reading, for a period of time not less than the immediately preceding 90 days. Such device must be capable of making such information available through an ordinary internet connection or through other means when no such connection is present. Such information must be accessible to property owners and any tenant of the unit in which such device is placed.
(Added City Record 8/26/2020, eff. 9/25/2020)
a. No later than July 1, 2024, and every year thereafter, the department will select 50 class A multiple dwellings for installation by the owner of one Internet Capable Temperature Reporting Device in each dwelling unit in the selected multiple dwelling. The department will select such buildings using criteria, including, but not limited to the following:
(2) the multiple dwelling has been the subject of a heat-related complaint from two or more distinct dwelling units in each of the last two heat seasons as set forth in these rules.
b. Notwithstanding the criteria set forth in subdivision a of this section, a multiple dwelling that is participating in the Alternative Enforcement Program pursuant to Administrative Code § 27-2153, or that has an Article 7A administrator appointed pursuant to real property actions and proceedings law article 7A, or that has been the subject of an in rem foreclosure judgment in favor of the city and was transferred by the city to a third party pursuant to Administrative Code § 11-421.1 within the prior five years, shall not be included among the multiple dwellings selected pursuant to subdivision a of this section.
c. For purposes of selecting 50 class A multiple dwellings for installation of Internet Capable Temperature Reporting Devices, such multiple dwellings having the greatest number of violations of §§ 27-2029(a) and 27-2028 of the Administrative Code, and at least four violations of such sections for the past two Heat Seasons shall be selected. Where more than one multiple dwelling has the same number of violations and would result in more than 50 multiple dwellings being selected, the multiple dwellings with the highest percentage of dwelling units with heat-related complaints in the last two Heat Seasons shall be selected first.
(Added City Record 8/26/2020, eff. 9/25/2020; amended City Record 5/2/2024, eff. 6/1/2024)
a. The owner of a multiple dwelling that is selected pursuant to 28 RCNY § 56-02 shall provide a notice to each dwelling unit as provided in Appendix A of these rules by mail or email regarding the requirements of this chapter and Administrative Code § 27-2033.1, including installation of such devices, instructions on how to access the information collected by such devices, the tenant’s right of refusal, and the tenant’s right to request that such device be installed in a living room of the tenant’s choice within the dwelling in accordance with subparagraph (b) of paragraph 3 of subdivision b of Administrative Code § 27-2033.1 and 28 RCNY § 56-04. Such notice shall be provided by such owner before August first following notification by the department of selection of the multiple dwelling. Such notice shall also be posted in the common area of the multiple dwelling within 15 days of notification to the owner by the department of selection for required installation of Internet Capable Temperature Reporting Devices.
b. Upon selection of a multiple dwelling pursuant to 28 RCNY § 56-02, the department will post a notice in each of the designated citywide languages in Administrative Code § 23-1101 in a prominent place of such multiple dwelling, notifying tenants of the requirements of this section, a tenant’s option to refuse the installation of such device in their dwelling unit, the requirement of twice monthly inspections by the department, and a tenant’s option to call 311 to file a complaint relating to inadequate heat and to check the department’s website for the issuance of heat violations. The department will monitor that such notice is posted throughout the time period that such multiple dwelling is subject to inspection by the department pursuant to paragraph 2 of subdivision b of Administrative Code § 27-2033.1.
(Added City Record 8/26/2020, eff. 9/25/2020; amended City Record 5/2/2024, eff. 6/1/2024)
a. Upon notification by the department of selection of a multiple dwelling for required installation of Internet Capable Temperature Reporting Devices, an owner must install one device in one living room of the tenant’s choice in each dwelling unit in such multiple dwelling, except those units in which a tenant provides written refusal of installation of such device, or those units to which the owner is unable, after documented reasonable efforts, to obtain access to install such device. The Internet Capable Temperature Reporting Devices must be installed in accordance with the manufacturer's recommendation.
b. Such owner must complete such installation on or before October first of the year in which the notification from the department is received, and provide an affidavit of installation in a form required by the department on or before October first.
(Added City Record 8/26/2020, eff. 9/25/2020; amended City Record 5/2/2024, eff. 6/1/2024)
a. An owner of a multiple dwelling selected for installation of Internet Capable Temperature Reporting Devices must maintain the following records while such dwelling is required to provide and maintain such devices, and for one additional year after the multiple dwelling is no longer subject to the installation requirement, and make such records available to the department upon request, consistent with applicable law:
(1) identification of each dwelling unit in which a device was installed;
(2) identification of each dwelling unit in which a device was not installed, including the reason for failure of installation;
(3) the date of each installation, identification of manufacturer of the device installed; and the individual serial number for each device installed including any device that is installed as a replacement;
(4) written refusal of installation of a device if the tenant refused such installation in writing;
(5) record of refusal or no response, if the tenant did not provide access or respond to the notification in writing required by 28 RCNY § 56-03, and, in the case of no response, a record of the reasonable efforts made to gain access to the unit to install the device; and
(6) temperature readings for each dwelling unit in which a device was installed, including hourly temperature, date, and time, for the entire time period that the multiple dwelling is participating in the program.
b. An owner of a multiple dwelling selected pursuant to 28 RCNY § 56-02 must submit to the department, at least once during each 30-day period during the heat season for the time period that the multiple dwelling is subject to the requirements of this chapter and of Administrative Code § 27-2033.1, data collected from the Internet Capable Temperature Reporting Devices installed in such multiple dwelling pursuant to 28 RCNY § 56-04. This requirement does not apply where the tenant has opted out of installation of such Internet Capable Temperature Reporting Device pursuant to paragraph 7 of subdivision b of Administrative Code § 27-2033.1 and the property owner has submitted an affidavit indicating that all reasonable efforts were made to obtain approval from the tenant for installation.
(Added City Record 8/26/2020, eff. 9/25/2020; amended City Record 5/2/2024, eff. 6/1/2024)
a. Annually, for the duration of heat season, the department will conduct inspections of each class A multiple dwelling selected pursuant to 28 RCNY § 56-02 at least twice each month, without receipt of complaints, for compliance with the requirements of §§ 27-2033.1 and 27-2028 and subdivision a of § 27-2029 of the Administrative Code.
c. The department may discontinue such inspections in such class A multiple dwelling, provided that there are no open violations of paragraph 3 of subdivision b of § 27-2033.1 of the Administrative Code as of January 31 in such heat season and no violations of § 27-2028 or subdivision a of § 27-2029 of the Administrative Code were issued since October 1 of such heat season.
(Added City Record 5/2/2024, eff. 6/1/2024)
An owner of a multiple dwelling selected for installation of Internet Capable Temperature Reporting Devices shall be subject to a fee of $200 for each inspection conducted pursuant to subdivision a of 28 RCNY § 56-06 after January 31 for the remainder of such heat season for any year that such multiple dwelling is subject to requirements of this chapter and of Administrative Code § 27-2033.1.
(Added City Record 5/2/2024, eff. 6/1/2024)
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