§ 56-04 Installation.

   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)

§ 56-05 Record Keeping.

   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)

§ 56-06 Inspection.

   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.

   b.   In the course of such inspections, the department will also inspect to ensure the device is installed in accordance with 28 RCNY § 56-04 and subparagraph (b) of paragraph 3 of subdivision b of § 27-2033.1 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)

§ 56-07 Fees.

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)

§ 56-08 Discharge.

An owner may apply to the department to have a multiple dwelling discharged from the requirement to install and maintain Internet Capable Temperature Reporting Devices in less than four years as follows:

   a.   A class A multiple dwelling will be discharged from the requirements of this chapter and Administrative Code § 27-2033.1 at the end of the heat season, provided that the owner of such multiple dwelling (i) has complied with the requirements of this chapter and of Administrative Code § 27-2033.1 to install and, as appropriate, replace, an Internet Capable Temperature Reporting Device in each dwelling unit, (ii) has not been issued a notice of violation of Administrative Code § 27-2028 or subdivision a of Administrative Code § 27-2029 during such heat season, (iii) has supplied all requested records required to be maintained pursuant to 28 RCNY § 56-05, and (iv) is currently registered with the department in accordance with Administrative Code § 27-2097; or

   b.   An owner of a multiple dwelling selected pursuant to 28 RCNY § 56-02 who has not complied with the requirements of paragraph 3 of subdivision b of Administrative Code § 27-2033.1 but is otherwise eligible for discharge pursuant to subparagraph (a) of paragraph 8 of subdivision b of Administrative Code § 27-2033.1 and subdivision a of this section may be discharged from the requirements of this chapter and of Administrative Code § 27-2033.1 upon payment of a penalty of $500 for each violation of this chapter or Administrative Code § 27-2033.1 issued by the department.

(Added City Record 8/26/2020, eff. 9/25/2020; amended City Record 5/2/2024, eff. 6/1/2024)

§ 56-09 Post-Discharge Resolution of Violations.

Where violations remain pending after a multiple dwelling is no longer subject to the requirements of paragraph 3 of subdivision b of Administrative Code § 27-2033.1, an owner may resolve such violations by paying $500 for each such pending violation, provided that the owner can demonstrate either that no heat violations were issued during at least one complete heat season or that Internet Capable Temperature Reporting Devices were installed in accordance with 28 RCNY § 56-04 and subparagraph b of paragraph 3 of subdivision b of Administrative Code § 27-2033.1.

(Added City Record 5/2/2024, eff. 6/1/2024)

Appendix A: Installation of Internet Capable Temperature Reporting Devices

Please be advised that __________________________________ (address) has been selected by the City of New York Department of Housing Preservation and Development for participation in a program which requires installation of internet capable temperature reporting devices (heat sensors) in dwelling units in this building, under Administrative Code § 27-2033.1. The owner is required to install one heat sensor in each dwelling unit. The heat sensor will measure indoor air temperature and record the temperature, date, and time of the reading. This information will be available to tenants and to the owner through an internet connection. If you do not have an internet connection, and a heat sensor is installed in your unit, the owner will make the information from your unit available to you upon request.

You may refuse, in writing, to have a heat sensor installed in your unit (see form below).

You will not be charged for original installation of the heat sensor, or for replacement due to wear or malfunction. You will not be charged for a replacement if a prior tenant removed or damaged the heat sensor, or if the heat sensor becomes inoperable due to a manufacturing defect or improper installation. You should inform the owner within 30 days if the heat sensor becomes inoperable.

If the heat sensor is installed in your dwelling unit, you must not damage it, turn it off, or otherwise make it inoperable. If the heat sensor is stolen, removed, found missing, or is made inoperable by you during your lease term, the owner may replace the heat sensor and charge you a maximum of $50.00 for its replacement.

Please complete the form below, and return it to the owner within ten days of receipt of this notice.

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PLEASE CHECK ONE, SIGN, AND FILL IN THE INFORMATION REQUESTED BELOW. PLEASE RETURN THIS PART OF THE FORM WITHIN TEN DAYS TO THE OWNER/MANAGING AGENT AS DIRECTED BELOW, AND KEEP A COPY FOR YOUR RECORDS. °

___ I DO NOT want an internet capable temperature reporting device installed in my unit; OR

___ I DO want an internet capable temperature reporting device installed in my unit.

TENANT SIGNATURE: __________________________Date:____________

PRINT TENANT'S NAME, ADDRESS, AND APARTMENT NUMBER:
______________________________________________________________
______________________________________________________________
______________________________________________________________

RETURN THIS FORM TO:
OWNER/MANAGING AGENT NAME:______________________________
ADDRESS:____________________________________________________

(Added City Record 8/26/2020, eff. 9/25/2020)