§ 2-11.1 Fine Schedule.

   (a)   Collection of fines. The Loft Board may charge and collect fines for violation of its rules. The Loft Board may, by amending these rules, modify the types of violations for which fines are assessed and/or revise the amount of the fine imposed.

   (b)   Range of fines.

      (1)   Code compliance fines pursuant to 29 RCNY § 2-01 and 29 RCNY § 2-01.1: Where the Owner, Landlord or Responsible Party is found to have violated code compliances deadlines or failed to take all reasonable and necessary action to obtain a final certificate of occupancy, the Owner, Landlord or Responsible Party may be subject to a Class C civil penalty as follows:

 

VIOLATION DESCRIPTION	SECTION OF LAW	CURE	PENALTY
Failure to Meet Code Compliance Deadlines: §§ 281(1) and (4) Buildings	MDL § 284 (1); 29 RCNY § 2-01(a)(1) through (a)(7), (c)(2)	No	Up to $1,000 per missed deadline
Failure to Meet Code Compliance Deadlines: §§ 281(1) and (4) Buildings	MDL § 284(1); 29 RCNY § 2-01(a)(8), (c)(2)	No	Up to $5,000 per missed deadline
Failure to Meet Code Compliance Deadlines: § 281(5) Buildings	MDL § 284(1); 29 RCNY §§ 2-01(a)(9), (a)(10), (c)(2)	No	Up to $5,000 per missed deadline
Failure to Take Reasonable and Necessary Action to Obtain a Final Certificate of Occupancy	29 RCNY § 2-01.1(a), (b)(2), (b)(3)	No	Up to $1,000 per day up to $25,000
Failure to Take Reasonable and Necessary Action: Failure to Timely Clear DOB objections for Alteration Application	29 RCNY § 2-01(d)(2)(ix)	Yes within 30 days	Up to $1,000 per day up to $25,000

 

      (2)   Fines in connection with Harassment Applications pursuant to 29 RCNY § 2-02: A finding by the Loft Board that:

         (i)   A Tenant filed a Harassment Application in bad faith or in wanton disregard of the truth pursuant to 29 RCNY § 2-02(c)(2)(iii); or

         (ii)   An Owner, Landlord or Responsible Party or Prime Lessee harassed an Occupant pursuant to 29 RCNY § 2-02(d)(1)(ii) or (e)(3)(i), in a manner that impacts on the Tenant's safety including, but not limited to, refusing to make repairs, repeated housing maintenance violations intended to render the unit uninhabitable, assault, battery or threats of violence; or

         (iii)   An Owner or Responsible Party or Prime Lessee harassed an Occupant pursuant to 29 RCNY § 2-02(d)(1)(ii) or (e)(3)(i) of these rules in a manner that impacts on the Tenant's quality of life, including, but not limited, to creating excessive noise or odors, threatening eviction, refusal to consent to sublet, or tampering with mail, may subject the Tenant, Owner, Responsible Party or Prime Lessee to a Class C civil penalty as follows:

 

VIOLATION DESCRIPTION	SECTION OF LAW	CURE	PENALTY	AGGRAVATED PENALTY
Harassment Application Filed in Bad Faith	29 RCNY § 2-02(c)(2)(iii)	No	Up to $5,000	A Tenant found to have previously filed a Harassment Application in bad faith may be subject to an aggravated penalty of up to $25,000.
Finding of Harassment: Safety Violations e.g., Hazardous Conditions; Housing Maintenance Violations; Refusal to Make Repairs	29 RCNY § 2-02(d)(1)(ii), (e)(3)(i)	No	$3,000 to $6,000 for each occurrence found to constitute Harassment	An Owner, Responsible Party or Prime Lessee previously found to have harassed a Tenant may be subject to an aggravated penalty of up to $25,000.
Finding of Harassment: Quality of Life Violations e.g., Noise; Odors; Threat of Eviction; Refusal to Consent to Sublet	29 RCNY § 2-02(d)(1)(ii), (e)(3)(i)	No	$2,000 to $5,000 for each occurrence found to constitute Harassment	An Owner, Responsible Party or Prime Lessee previously found to have harassed a Tenant may be subject to an aggravated penalty of up to $25,000.

 

      (3)   Failure to renew IMD registration pursuant to 29 RCNY § 2-05: Where an Owner, Landlord or Responsible Party fails to renew a Building's registration as required in 29 RCNY § 2-05(f)(2), the Owner, Landlord or Responsible Party may be subject to a Class C violation civil penalty as follows:

 

VIOLATION DESCRIPTION	SECTION OF LAW	CURE	PENALTY
Failure to Timely Renew Registration	29 RCNY § 2-05(f)(2), § 2-11(b)	Yes	$7,500 for one year; $15,000 for two consecutive years; $25,000 for three consecutive years or more

 

      (4)   Fines in connection with unreasonable interference pursuant to 29 RCNY § 2-01(h): A finding by the Loft Board that:

         (i)   An Owner or Responsible Party unreasonably interfered with the Tenant's use of an IMD unit; or

         (ii)   An Owner or Responsible Party unreasonably and willfully interfered with the Tenant's use of an IMD unit, may subject the Owner or Responsible Party to a Class C civil penalty as follows:

 

VIOLATION DESCRIPTION	SECTION OF LAW	CURE	PENALTY
Finding by the Loft Board of Unreasonable Interference with the Use of an IMD Unit	29 RCNY § 2-01(h)	No	$2,500
Finding by the Loft Board of Unreasonable and Willful Interference with the Use of an IMD Unit	29 RCNY § 2-01(h)	No	$5,000

 

      (5)   Quarterly and requested reports and failure to take reasonable and necessary action to legalize Building pursuant to 29 RCNY §§ 2-01.1(a)(1)(ii) and (b)(6): An Owner or Responsible Party who is found:

         (i)   By the Loft Board's Executive Director to have violated the provisions of 29 RCNY § 2-01.1(b)(6) may be subject to a Class B civil penalty pursuant to 29 RCNY § 2-01.1(b)(7) as follows; or

         (ii)   To have failed to file quarterly or requested reports or to have made false statements in the reports filed pursuant to 29 RCNY § 2-01.1(a)(1)(ii), may be subject to a Class B civil penalty as follows:

 

VIOLATION DESCRIPTION	SECTION OF LAW	CURE within 30 days	PENALTY PER VIOLATION, UP TO $25,000
Failure to Take Reasonable and Necessary Action: Failure to File an Alteration Application with DOB	29 RCNY § 2-01.1(b)(6)(i), (b)(7)	Yes	Up to $1,000 per day
Failure to Take Reasonable and Necessary Action: Failure to Obtain a Alteration Permit	29 RCNY § 2-01.1(b)(6)(ii), (b)(7)	Yes	Up to $1,000 per day
Failure to Take Reasonable and Necessary Action: Failure to Maintain a Current Alteration Permit	29 RCNY § 2-01.1(b)(6)(iii), (b)(7)	Yes	Up to $1,000 per day
Failure to Take Reasonable and Necessary Action: Failure to Maintain a Temporary Certificate of Occupancy for the Residential Portion of the Building	29 RCNY § 2-01.1(b)(6)(iv), (b)(7)	Yes	Up to $1,000 per day
Failure to Take Reasonable and Necessary Action: Failure to File Quarterly or Requested Reports	29 RCNY § 2-01.1(a)(1)(ii)(D)	Yes	Up to $1,000 per missing report
Failure to Take Reasonable and Necessary Action: Filing False Statements in Quarterly or Requested Report	29 RCNY § 2-01.1(a)(1)(ii)(E)	No	$5,000 per false statement

 

      (6)   Fines in connection with:

         (i)   An Owner, Landlord or Responsible Party who fails to comply with the access notice provision of 29 RCNY § 2-01(g)(4)(iv);

         (ii)   An Occupant who unreasonably withholds access pursuant to 29 RCNY § 2-01(g)(4)(iv);

         (iii)   An Owner, Landlord or Representative Party who fails to file a Sales Record form after a sale of improvements pursuant to 29 RCNY § 2-07(j) or a sale of rights pursuant to 29 RCNY § 2-10(b) or (c)(4) within thirty (30) days of sale;

         (iv)   An Owner who fails to report a change in the emergency number, managing agent information, Owner's address or ownership information pursuant to 29 RCNY § 2-05(b)(10); or

         (v)   An Owner, Landlord or Responsible Party who fails to post the IMD notice pursuant to 29 RCNY § 2-05(b)(13) may be subject to a Class A civil penalty as follows:

 

VIOLATION DESCRIPTION	SECTION OF LAW	CURE within 30 days	PENALTY
Failure to Comply with Access Notice Provisions	29 RCNY §§ 2-01(g)(1), (g)(2), (g)(4)(iv)	Yes	$1,000
Occupant Unreasonably Withholds Access	29 RCNY § 2-01(g)(4)(iv)	Yes	$1,000
Failure to Timely File Sale of Improvements Form	29 RCNY § 2-07(j)	No	$4,000
Failure to Timely File Sale of Rights Form	29 RCNY § 2-10(b), (c)(4)	No	$4,000
Failure to Report a Change in Ownership Information	29 RCNY § 2-05(b)(10)	No	$4,000
Failure to Post IMD Notice	29 RCNY § 2-05(b)(13)	No	$1,000

 

   (7)   Fines in connection with violating a Loft Board order pursuant to 29 RCNY § 1-13(b) or filing a false statement with the Loft Board pursuant to 29 RCNY § 1-15(d): Any Person who is found to have violated a Loft Board order pursuant to 29 RCNY § 1-13(b) or to have filed a document containing a material false statement pursuant to § 1-15(d) may be subject to a civil penalty as follows:

 

VIOLATION DESCRIPTION	SECTION OF LAW	CURE within 30 days	PENALTY
Violation of a Loft Board Order:	29 RCNY § 1-13(b)	No	$5,000 up to $7,500 per violation
Filing a Material False Statement with the Loft Board:	29 RCNY § 1-15(d)	No	$5,000 per false statement

 

(Amended City Record 3/1/2023, eff. 3/31/2023)