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Local Law 114: Denial of Permits due to False Statements or Work without a Permit

September 24, 2020

 

The Department of Buildings will deny initial work permits for multiple dwellings where the DOB previously issued a summons for submitting a false statement on a Plan/Work Application (PW1) regarding the occupancy status of the building or performing work without a permit while the building was occupied. The restriction remains in effect for one-year from the issuance of the summons unless the summons is dismissed.

 

Local Law 114 went into effect on December 5, 2019.

 

Is your building restricted?

 

Buildings where this permit restriction applies will be flagged in the Property Profile in the Buildings Information System (BIS) as LL114/19 Permit Restriction. The end date for the restriction will appear as an “until date” in the flag.

 

Do you need a permit on a flagged building?

 

To obtain a permit in BIS on a flagged building, the applicant must submit a Local Law 114 of 2019 Request for Exception to Permit Denial form indicating that one or more of the below exceptions applies, with the required documentation. Both the applicant and the owner must sign the form.

 

Substance of the violation:

  • The summons that resulted in the one-year restriction was not based on a false statement about the occupancy status of the building in an application for construction document approval.

  • The building was not occupied when the work without a permit that resulted in the one-year restriction was performed.

A permit is needed to correct other violations or to protect public safety:

  • The issuance of the permit is necessary to correct an outstanding violation of the Construction Code, the Housing Maintenance Code, or any other applicable provisions of law or rule.

  • The issuance of the permit is necessary to perform work to protect public health and safety.

Ownership of the property:

  • The permit is for a dwelling unit that is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease.

  • The permit is for a portion of the property occupied by a tenant who is not an owner of the property or responsible for any existing violations in the property.

  • The property was the subject of an foreclosure judgment in favor of the City and was transferred by the City to a third party pursuant to section 11-412.1 of the Administrative Code.

As it relates to the Housing Preservation and Development (HPD) and Housing Development Corporation (HDC):

  • The property is the subject of a court order appointing an administrator pursuant to article 7-a of the Real Property Actions and Proceedings Law in a case brought by the HPD.

  • The property is the subject of a loan provided by or through HPD or the New York City HDC for the purpose of rehabilitation that has closed within the preceding five years.

  • The permit is required in connection with the implementation of an HPD or HDC program.

 

 

 

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