Local Law 114 of 2019 could delay you up to a year
Local Law 114 of 2019 (LL114/2019) was met with some changes in December of 2019. Now, you'll want to be extra careful when submitting your permit applications. Here's how your occupancy statements can delay your project under these new rules. And, how to avoid a large amount of hassle and delay.
Reasons for updated language to Local Law 114 of 2019
Since 2013, New York City's construction scene has exploded. In fact, forecasts pointed to an estimated $19.7 billion spent on residential construction in 2019. It's not hard to recognize the positives of growth and an increasing number of construction projects in the City. But with that volume of projects, problems started to show in NYC local laws. Specifically, loopholes were taken advantage of and issues started to occur.
Tenant protection plans (TPPs) are government oversight in occupied buildings. In these plans, builders explain how to maintain tenants' rights and ensure essential services during construction. However, TPPs take careful planning. To avoid that hassle, some builders falsified occupancy statements to forgo TPPs. As a result, tenants suffered. NYC needed to take steps to discourage these false statements.
Amendments to Local Law 114 of 2019
To provide greater regulation around occupancy status, the City amended Local Law 114 of 2019. The new rules (enacted on December 5, 2019) call for thorough statements on occupancy in plan/work applications (PW1s). As of August 5, 2020, the DOB is closely evaluating occupancy statements on new applications and denying permits as a result. Here's what you need to know on the updates to LL114/19.
Inaccurate/false statements on occupancy
Moving forward, Plan/Work applications (PW1) will be held accountable for accurate statements of occupancy. Inaccurate or false statements result in permit denial, and that's an outcome you'll want to avoid because the penalty is steep. Under the amended LL114/19, applications with false occupancy statements have to wait a minimum of one year to be reconsidered.
So, what's the best way to approach these new rules? First, be as specific and transparent as possible on your application. Don't wait to provide clarification to a statement. Give all required occupancy details in your initial application. And don't put off asking questions or seeking help. Reach out to us to review plans and submit for approvals. Hiring an expediting firm can help you avoid many of the hassles and delays of permitting.
Work without a permit
Working without a permit is a huge violation, regardless of the situation. Local Law 114 of 2019 now makes the penalty even higher. If you receive a citation for working without a permit, you may have to wait for one year post-violation (minimum) to resume construction.
Do prior violations/summons in these categories count?
LL114/19 became law on December 5, 2019. Existing regulations apply to summons since or on that date. (Provided they are related to occupancy.)
Exceptions and how to avoid a denial
Some exceptions exist with LL114/19. A full list can be found here. Know permit denials have two options: wait the year or contest your denial/summons. You can argue your case before OATH to see if you can reapply in a shorter time period.
The best way to work with these new regulations? Aim for approval with each application. We can help. As permit expediters, we're up-to-date on all applicable laws and regulations. Having us consult, look through your plans, and submit your application makes for a smoother process.
