ABCs of Housing 2021 - New York City

hpd

ABCs

of HOUSING

2021

ABCs

TABLE OF CONTENTS

Owners' and Tenants' Rights and Responsibilities

3

of HOUSING

Staying in Your Apartment Safely

4?22

I. CONDITIONS

4?11

A. Heat and Hot Water

4

B. Carbon Monoxide and Smoke Detectors

5

2021

C. Locks D. Lead-Based Paint E. Mold

5 6 7

F. Pests

8

G. Window Guards

9

H. Self-Closing Doors

9

I. Gas Leaks

10

J. Gas Powered Stoves: Stove Knob Covers

10

K. Elevators

11

L. Illegal Basement and Cellar Occupancy

11

*NEW* M. COVID-19

11

II. COMPLAINTS, VIOLATIONS AND ENFORCEMENT A. HPD Complaint Process

B. Violations C. Emergency Repairs D. Housing Court

E. New York State Homes and Community Renewal (HCR) F. Alternative Enforcement Program (AEP) G. Proactive Preservation Initiative (PPI)

12-14 12 13 13

13?14 14 14 14

III. HARASSMENT

15?16

IV. TENANT RESOURCES A. Initiating a Case in Housing Court

16?18 16

B. Eviction Prevention

17?18

V. OTHER HOUSING ISSUES A. Rent-Regulated Apartments

B. Tenant Data Privacy Law C. Certificate of Occupancy and Rent Payments D. Building Safety E. Emergency Planning and Evacuations for Residential Building Owners/Managers F. Discrimination G. Foreclosure

H. Tenant Associations I. Pets

18?22 18 19 20 20

20?22 22 22 22 22

VI. HOUSING EDUCATION Resources for Affordable Housing Seekers

23 23?24

I. HOW TO APPLY FOR AFFORDABLE HOUSING

23?24

II. RENT INCREASE EXEMPTION

24

Resources for Owners

25

I. DIVISION OF NEIGHBORHOOD PRESERVATION (DNP)

25

II. LOW INTEREST LOANS AND TAX EXEMPTIONS

25

III. HOMEOWNER HELPDESK

25

IV. FILING BUYOUT AGREEMENT REQUIREMENTS Useful Contact Information for Other Housing-Related Issues

25 26?27

Housing Information Guide Signage Sample

28

Important Dates to Remember

29

This publication is intended for informational purposes only and is not intended as legal advice. This information is not a complete or final

2

ABCs OF HOUSING statement of all of the duties of owners and tenants with regard to laws and rules relating to housing in New York City.

Owners' and Tenants' Rights and Responsibilities

Owners and tenants have legal responsibilities to each other. The New York City Department of Housing Preservation and

Development (HPD) is one of many City and State agencies that enforce those responsibilities. This booklet is designed to help

owners and tenants gain an understanding of the rules and regulations affecting housing and provide you with information

about where you can receive assistance.

BUILDING OWNERS

TENANTS

Owners must ensure that

? Only rent legal residential Tenants should expect to

Tenants have responsibilities

common areas and individual

space for living, as defined live in safe, well maintained to their building owners and

apartments in their buildings

by a property's Certificate buildings that are:

other tenants.

are safe and well maintained in compliance with the Housing Maintenance Code (HMC) and Multiple Dwelling Law (MDL). Among other responsibilities, owners must:

? Provide and maintain security measures, heat, hot and cold water, and good lighting.

? Address leaks, mold, and pest issues immediately and conduct annual inspections for these conditions.

? Provide smoke detectors, carbon monoxide detectors, and ensure appropriate fire egress.

of Occupancy.

? Maintain records about compliance with leadbased paint regulations.

Owners of residential properties with three or more residential units, and for 1?2 family homes if neither the owner nor the owner's immediate family reside at the property, must register the units annually with HPD at: propertyregistration.

If the building is rentstabilized, the owner must register rents annually with NYS Homes and Community Renewal (HCR) at .

? Free from pests, leaks, mold, and other potentially hazardous conditions.

? Provided with basic services such as heat, hot water, cold water, and electricity.

? Free from harassment by the owner and the owner's employees.

Tenants who are in rentstabilized units have additional rights related to this status. Tenants can find out if an apartment and/or building has been registered as rent-stabilized by calling HCR at 718-739-6400 or sending an email to

? They may not damage the building, intentionally or through neglect.

? Tenants are responsible for the actions of their guests.

? Tenants must respond to annual owner inquiries related to window guards and lead-based paint, and maintain smoke and carbon monoxide detectors.

? Tenants must obey the legal terms of leases, pay rent on time, honor the rights of other tenants, and provide access for repairs.

? Protect children by complying with regulations regarding lead-based paint and window guards.

? Post a notice about the availability of the ABCs of Housing in the common area of their building (see inside back cover for a sample of the notice that must be posted).

? Post appropriate signage at the building, file appropriate documents with HPD, and provide appropriate notices to tenants.

? Property owners cannot rentinfo@.

lock tenants out of

apartments or otherwise OWNER ENTRY TO AN APARTMENT

harass tenants to leave an The law provides that a tenant addressed immediately. When

apartment. Owners can must permit the owner, or his repairs are urgently needed to

bring eviction proceedings or her agent or employee, to prevent damage to property

if tenants do not meet

enter the tenant's apartment or to prevent injury to persons,

their responsibilities.

or other space under his or

such as repairs of leaking gas

her control to inspect, make piping or appliances, leaking

Further details about all of repairs, or make improvements water piping, stopped-up

the above topics are covered as required by the HMC or

or defective drains or

in this document or by going other law. The owner must

leaking roofs, or broken and

to hpd.

notify the tenant in advance, dangerous ceiling conditions,

in writing, of the day and time no advance notice is required

he or she wishes to access the from the owner, agent,

apartment. The appointment contractor, or workman.

must be between 9am and

Any contractor or agent of the

5pm during the week, unless owner must be able to show

otherwise agreed to by the

the tenant that he has been

tenant or unless there is an

authorized by the owner to

emergency that must be

enter and do the work.

ABCs OF HOUSING

3

Staying in Your Apartment Safely

I. Conditions

Tenants may have several options to pursue if physical conditions in a building are not safe or in good repair. Tenants in privately owned buildings with maintenance problems should first notify the building owner or manager. If verbal notification does not result in a resolution to the problem, tenants may wish to send written notification through certified mail, with a return receipt requested. Keeping these records is important if the owner does not take any action to address the issue(s). In addition, tenants may file complaints with the city for most complaints by calling 311, using 311ONLINE or 311Mobile and, in the case of rent-stabilized or rent-controlled apartments, with the state.

For more details on any of the below conditions, please visit HPD's website at hpd.

Heat & Hot Water

A. Heat and Hot Water

Heat is required between October 1st and May 31st, a period designated

HPD may seek penalties for heat violations in Housing Court. An owner may be

as "Heat Season." Building

eligible to satisfy a heat/hot

owners are required to

water civil penalty for a first

provide tenants with heat

violation by submitting a $250

during these months under

payment with a timely Notice

the following conditions:

of Correction. Additionally,

? When the outside temperature is below 55 degrees Fahrenheit between the hours of 6am and 10pm, building owners must heat apartments to at least 68 degrees Fahrenheit. HPD

for a third or any subsequent inspection that results in a heat violation within the same heat season (October through May) or a hot water violation within a calendar year, HPD will bill a fee of $200 for the inspection.

can only issue violations if In July 2020, HPD

the owner fails to supply

implemented the Heat Sensor

adequate heat when the

Program requiring selected

outside temperature

multiple dwelling properties

is below 55 degrees

with heat violations and

Fahrenheit.

heat-related complaints

? Between the hours of 10pm and 6am, regardless of the outside temperature, building owners must heat apartments to at least 62 degrees.

? Building owners also must ensure that tenants have hot water 24 hours a day, 365 days a year,

to install internet capable temperature reporting devices in each dwelling unit. HPD will conduct inspections during the heat season, without receipt of complaint, for compliance with the heat sensor installation requirements and the requirements for providing heat and hot water.

at a minimum constant

temperature of 120

degrees Fahrenheit.

4

ABCs OF HOUSING

B. Carbon Monoxide and Smoke Detectors

Carbon monoxide (CO) is an odorless and highly toxic gas. In general, landlords are required to provide and install at least one approved CO detector in each dwelling unit and provide written information about how to test and maintain them. The detector must have an audible endof-useful-life alarm. A CO detector must be installed within 15 feet of the primary entrance to each sleeping room.

Landlords must also install smoke detectors in each apartment.

Tenants are responsible for maintaining both devices. If a tenant has removed the detector or failed to replace its battery, he/she must return it to proper working order.

For safety's sake, tenants should:

? Test all detectors at least once a month.

? Replace the batteries in detectors at least twice a year.

? Listen for an alarm sound when the battery is low and replace the battery immediately.

? Use only the type of batteries recommended on the detector.

? Never paint over detectors.

Tenants residing in the following building classes who fail to maintain, lose, or damage the detector are required to:

Class A Building (permanent occupancy)

Class B Building (transient use)

Private Dwelling (1?2 family homes)

Reimburse the building owner $25 for each smoke detector and each CO detector, or $50 for each joint smoke/CO detector. Occupant has one year from the date of installation to make a payment.

Not required to reimburse property owners for either device

Reimburse the building owner $25 for each CO detector. Occupant has one year from date of installation to make a payment.

C. Locks

DOUBLE CYLINDER LOCKS AND KEY-LOCKED WINDOW GATES

Double cylinder locks on doors and key locked window gates that require a key from inside the apartment to unlock or to access the fire escape are illegal and must be removed.

In case of a fire or other emergency, delay in finding or using the key can reduce a tenant's chances of escape. Tenants can protect themselves with legal window gates, which lock by use of a latch system, by checking the label with the serial number on it to make sure it states that it has been approved for use in New York City.

Carbon Monoxide & Smoke Detectors

Locks

ABCs OF HOUSING

5

Lead-Based Paint

New York City's LeadFreeNYC plan was released in January 2019 and outlined 45 separate initiatives that the Mayor's Office and a number of City Agencies are undertaking to remove lead from buildings. To learn more about the City's efforts to prevent lead exposure, visit the LeadFreeNYC website at: leadfree

HPD's "Get Ahead of Lead" webinar series, accessible from HPD's Lead-Based Paint webpage leadbased-paint, can help you learn more about all of the responsibilities and obligations under Local Law 1 of 2004 as outlined here.

6

ABCs OF HOUSING

D. Lead-Based Paint

Lead is a harmful metal often found in old paint that can be poisonous for young children if it creates dust or paint chips. Young children can swallow the lead paint dust and chips from window sills and floors. Lead causes behavior and learning problems in young children. While NYC banned leadbased paint in 1960, older buildings may still contain it. Property owners of these buildings are responsible for keeping tenants safe from lead-based paint hazards. Property owners must identify and remediate lead-based paint hazards in the apartments and the common areas of those buildings where there are young children, using trained and appropriately certified workers and safe work practices.

Under Local Law 1, leadbased paint hazards are presumed to exist if:

? The building was built before 1960 (or between 1960 and 1978 if the owner knows that there is leadbased paint) and,

in residence. If so, owners must visually inspect the apartments and common areas for lead-based paint hazards at least once a year.

Property owners can hire qualified companies to conduct testing to determine whether there is lead-based paint in their buildings and work proactively to reduce the liability associated with lead-based paint. Leadbased paint violations must be repaired by trained and appropriately certified workers using safe work practices, within the timeframes specified by law and HPD rules. If owners can show that there is no lead paint in the building or perform abatement using the appropriate methods and certified workers, and obtain an Exemption from HPD, then the annual requirement for obtaining information from the tenant and conducting visual inspections do not apply.

Owners should be aware of the following changes to Lead-Based Paint Hazards law.

? The building has three or more apartments or the building has a rented unit in a one- or two-family home and,

? A child under the age of six lives in the apartment or routinely spends 10 or more hours per week there.

Owners must ask tenants in writing, using an annual notice available on the HPD website, whether children under the age of six are

1. Under Local Law 64 of 2019, the definition of the term "resides" now means to routinely spend 10 or more hours per week in a dwelling unit, which includes both a child who lives in the apartment and a child who just visits for this period of time. This new definition went into effect in January 2020.

2. Clearance tests to confirm that no lead dust remains after construction work is performed must be

performed every time work is done in a building that Local Law 1 covers. The lead dust threshold levels for clearance of work areas, showing there is no lead dust, were lowered as of June 2019 to:

? Floor: 10 or more micrograms per square foot

? Window Sills: 50 or more micrograms per square foot

? Window Wells: 100 or more micrograms per square foot

The thresholds will be lowered again in June 2021 to:

? Floor: 5 or more micrograms per square foot

? Window Sills: 40 or more micrograms per square foot

? Window Wells: 100 or more micrograms per square foot

3. There are a significant number of record-keeping requirements related to lead-based paint, and HPD will be auditing more properties each year. There are significant civil penalties that can be imposed for the failure to keep these documents for 10 years.

4. In effect August 2020 and with five years for full compliance, Local Law 31 of 2020 sets a new requirement to test all rental units in buildings built before 1960 for the presence of lead-based paint using an independent Environmental Protection Agency (EPA) certified

inspector or risk assessor, by August 2025. If a child under six comes to reside in a unit, the testing must be done within 1 year or by the August 9, 2025 deadline, whichever is sooner. The results must be provided to the tenants. If there is no lead- based paint in a unit OR an owner properly abates lead by removing or enclosing it as outlined in the law, the owner should apply for an Exemption from many of the requirements of Local Law by filing an Exemption application with HPD.

5. Property owners of pre1960 buildings are also required to take action to remove and/or remediate lead-based paint on certain surfaces whenever an apartment turns over and before the new tenant takes occupancy. In 2021,

as implemented by Local Law 28 of 2020, HPD will expand its enforcement of the turnover requirements during agency in-dwelling investigations for leadbased hazards.

PROPERTY OWNERS RESOURCES ? For information on free

training on lead-safe home repair, please call Department of Health and Mental Hygiene (DOHMH) at 212-226-5323. See the section in the ABCs on loans and grants available for owners, some of which specifically address leadbased paint. For sample forms and information visit HPD's lead-based-paint.

? You do not need to hire a professional to conduct your annual visual investigation. However, HPD highly

recommends that whoever conducts this investigation take the online visual assessment training offered by the federal Department of Housing and Urban Development at offices/lead/training/ visualassessment/h00101. htm.

TENANTS Tenants should report peeling paint in an apartment to the landlord. If the landlord does not fix peeling paint or if work is being done in an unsafe manner (for example, creating dust that is not being contained), tenants should call 311. Tenants may also call 311 to learn how to prevent lead poisoning, find out where to get their children tested, find information about pregnancy and lead, or request brochures and materials on lead poisoning prevention.

Tenants are required to: ? Fill out and return the

Annual Notice regarding lead-based paint that you receive from the landlord.

? Notify the landlord in writing if a child under six comes to live with you, routinely spends 10 or more hours a week with you, or if you have a baby.

Tenants should: ? Wash floors, window sills,

hands, toys, and pacifiers often.

? Remind your doctor to test your children for lead poisoning at ages one and two.

E. Mold

Mold may cause allergic reactions, irritation, or trigger asthma in some people. Mold needs water or moisture to grow so it is important for building owners to fix leaks promptly.

Residents can help prevent mold growth on bathroom or kitchen surfaces by using exhaust fans or opening windows and frequently cleaning surfaces. Tenants should report leaks and signs of mold growth to their building owners. If repairs are not made, call 311.

Cleanup of mold may require licensed contractors; property owners and tenants can read more about these requirements on HPD's website, hpd or visit the DOHMH website at doh.

UNDERLYING CONDITIONS The Underlying Conditions Program allows HPD to issue an administrative order to residential building owners to correct underlying conditions that have caused, or are causing, leaks and mold conditions.

HPD selects buildings for participation in the program each year based on the number of apartments affected by mold and leaks, and the number and severity of the violations. Property owners are required to investigate the cause of leak or mold conditions affecting multiple apartments in a building, and to address the conditions and related violations within four months. HPD may sue non-compliant owners in Housing Court. The civil penalty is $1,000 for each dwelling unit with a minimum of $5,000.

Mold

ABCs OF HOUSING

7

8

ABCs OF HOUSING

Pests

F. Pests

Roaches, mice, and rats can be hazards to individuals with respiratory conditions, such as asthma. The first step to eliminating pests is by cutting off their food and water supply. Cockroaches and mice are best controlled by sealing up holes and cracks, cleaning up droppings, and using safe pesticides. Building owners should work with their pest control contractor to identify pest infestations and ways to keep pests out. Owners can pest-proof their buildings by fixing leaks and containing garbage. Tenants can help by keeping food and garbage covered and reducing clutter.

To learn more about pests, see DOHMH Controlling Pests Safely at doh.

BEDBUGS Bedbugs are rusty-red colored insects that can grow to the size of apple seeds.

Bedbugs feed on human blood, but do not carry diseases. Infestations can spread among apartments when bedbugs crawl through small crevices or cracks in walls and floors. Early detection of bedbugs is the key to preventing a severe infestation. For more information on bedbugs, detection, and information on how to treat bedbugs, take HPD's free "Bedbug Management" course online in English or Spanish at nyc. gov/hpd or visit the DOHMH at doh.

New York State law requires that landlords hire only pest control professionals licensed by the NY State Department of Environmental Conservation (DEC) to treat apartments for bedbugs.

The pest control professional should perform an inspection to confirm the presence of bedbugs, locate and eliminate hiding places, treat the apartment with cleanings or pesticides and make follow-up visits to ensure that the bedbugs are gone.

When calling 311 to make a bedbug complaint, the caller may be asked by the 311 operator about whether it would be acceptable for HPD to bring a dog trained to sniff out bedbugs to participate in an inspection. If the dog is not allowed, an HPD Inspector will conduct a visual inspection. Violations will be issued if the Inspector is able to visually confirm the presence of live bedbugs. Multiple bedbug violations in a building may lead to enhanced enforcement.

Property owners must report information about bedbug occurrences in their buildings electronically with HPD each year at . dynamics365portals.us/ bedbugs/ during the month of December.

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download