New tenant protection plan requirements in NYC
Local Law 106 of 2019 created new tenant protection plan requirements in New York City. Here's what you need to know.
About Local Law 106 of 2019
Local Law 106 of 2019 safeguards tenants in buildings undergoing construction. It states that applications for construction permits in non-vacant residential buildings must also be accompanied by a tenant protection plan (TPP). This is true even if only a single unit is occupied.
What to know about new tenant protection plan requirements
New tenant protection plan requirements are important to know and follow. Violations lead to citations, fines, and hassles—and, now, even stop work orders that derail projects. Below, find our top recommendations for TPPs and new tenant protection plan requirements.
1. Make sure you fill out the TPP form in detail, including providing more information on occupied units than you're used to
Never before has the Department of Business held contractors so accountable for the information included in the TPP. We all know TPPs vary depending on the project. But, at a minimum, be sure to address each point on the form. Some of these include:
Specific details for each unit that’s occupied
Any and all anticipated work locations, including entries and exits for crew
Containment policies and health procedures to protect residents from hazards and pollutants, trash, and debris
Work schedules that comply with the NYC Noise Control Code
How essential services can be maintained, such as emergency services and utilities
Structural components and why they are not a danger to residents
When filing plans with the Department of Business for your permit, remember to include the tenant protection plan on the cover page.
2. Signatures for TPP forms are now needed from applicants and building owners
As of June 22, 2020, you'll need to make sure your TPP is signed by both the applicant and the owner of the building.
3. Notify the Department of Business before starting work
This is an old rule from Local Law 157 of 2017, but not following this rule means getting in trouble or shut down. Completed permits aren't enough to start construction. Building owners must alert the Department of Business a full 72 hours ahead of time. Don't begin work before that.
4. Post a notice to tenants at the right time and make sure it's in the right locations
Notifying tenants of a TPP needs to happen as soon as a permit is issued—not when work is just about to start. This lets tenants have access to important information, like how to find out what work is being done and who to contact for issues.
Previously, Local Law 154 of 2017 required notices on each floor within 10 feet of the elevator and/or stairway. But, as of June 22, 2020, new tenant protection plan requirements mean notice must be given to each individual residential unit. You must also post notices in a highly visible spot in the lobby. And, notices are still required on each floor within 10 feet of the elevator and/or stairway. (Here's a copy of the notice.)