§ 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)