NYC Loft Boards Enforcement Plan Part 1: Available Tools and Current - - PowerPoint PPT Presentation

NYC Loft Board’s Enforcement Plan Part 1: Available Tools and Current Practices

By: Cynthia Leveille, Assistant General Counsel

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Overview

• Enforcement Proposal Objective
• Milestone Categories Breakdown (Trishawn Raffington)
• Enforcement Measures Types:

– Legalization – General

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Objective

To induce compliance with the legalization requirements of the Loft Law and encourage

• verall compliance with the Loft Board’s rules.

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IMD Buildings Milestone Overview

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Legalization Enforcement

• Cooperative and Punitive Measures

– Cooperative Measures

• No imposition of violations/fines

– Punitive measures

• Issuance of violations and subsequent fines
• Litigation

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Cooperative Measures (Legalization)

• Informational/Warning Letters
• Owner Informational Sessions
• Legalization Conferences
• Meet with owners and design professionals
• Discuss legalization obstacles
• Staff to answer questions

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Legalization Related Enforcement Measure

• Failure to Update Owner Contact Information
• r Change in Ownership
• 29 RCNY §2-05(b)(10)
• Procedure:

– Owners must notify the Loft Board of changes within 5 days – Staff issues notice of violation – Fine: $4,000 may be imposed via Staff Administrative Determination

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Punitive Measures (Legalization)

• Failure to Take All Reasonable and Necessary

Action

• Specific Performance Actions

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Reasonable and Necessary Action: Inspections and Hearings

• 29 RCNY § 2-01.1(b)(1)
• Procedure:

– Executive Director authorizes inspection – Inspector submits report – Staff issues Notice of Proceeding and referral to OATH or ECB

• OATH ALJ/ECB Hearing Officer determines

violation and fine per 29 RCNY §2-11.1

• Fine: $1,000 per day up to $17,500

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Reasonable and Necessary Action: Missed Deadlines - No Hearings Required

• 29 RCNY §2-01.1(b)(7)
• Procedure:

– Executive Director issues N.O.V. for failing to:

• File Alteration 1 Application within 6 months of

issuance of IMD number

• Obtain Alteration 1 Permit within 3 months of issuance
• f Loft Board certification
• Maintain an active Alteration 1 Permit
• Maintain an active Temporary Certificate of Occupancy
• Fine: $1,000 per day up to $17,500

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Specific Performance Actions

• MDL §284(ix)

– Where an owner fails to meet the code compliance deadlines by failing to take all reasonable and necessary action, the Loft Board may commence an action for specific performance. – Loft Board must make a finding before commencing the action

– What kind of finding?

• Prior Loft Board decisions for Failure to Comply with the Code

Compliance Timetable (BV Docket)

• Failure to Take All Reasonable and Necessary Action to Legalize

(New Docket)

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General Enforcement Measures

• Failure to Timely Renew Building’s Annual

Registration (FO Dockets)

• Failure to Maintain the Minimum Housing

Maintenance Standards

• Failure to File Monthly Legalization Progress

Report

• Failure to Timely File Article 7-C Sales Filings
• Failure to Post IMD Sign

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Failure to File Monthly Progress Reports

• 29 RCNY § 2-01.1(a)(1)(ii)(A)
• Compliance checks conducted twice a year
• Notices of Violation issued
• Executive Director issues Administrative

Determination imposing a $1,000 fine

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Failure to Timely File Article 7-C Sales Filings

• 29 RCNY §§ 2-10 & 2-07: require filing of sales

documents within 30 days from the date of sale

• Filings are reviewed for deficiencies and

timeliness

• Notice of Violation issued for late filing
• Administrative Determination imposing a $4,000

fine

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Failure to Post IMD Signs

• 29 RCNY § 2-05(b)(13)
• Owners must post IMD Signs in the lobby

within 5 business days of issuance of IMD number

• Inspector periodically conducts compliance

checks

• Staff’s window campaign
• Non-compliance may result in $1,000

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Schedule of Fines

Type of Enforcement Applicable Loft Board Rule/Statute Penalty Failure to Take All Reasonable and Necessary Action 29 RCNY § 2-01.1 $1,000 per day up to $17,500 Failure to Timely Renew Building’s Annual Registration 29 RCNY § 2-11.1(b)(3) 1 year: $5,000 2 years: $10,000 3 or more years: $17,500 Failure to Maintain the Minimum Housing Maintenance Standards 29 RCNY § 2-04(e)(8) 1st Offense: $750 2nd Offense: $2,000 3rd Offense: $3,000 Additional daily penalties $10-$125 Failure to File Monthly Legalization Progress Report 29 RCNY § 2-11.1(b)(5) $1,000 per missing report Failure to Timely File Article 7- C Sales Filings 29 RCNY § 2-11.1(b)(6) $4,000 Failure to Post IMD Sign 29 RCNY § 2-11.1(b)(6) $1,000

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Conclusion

• Enforcement Plan Part 1:

– Cooperative and Punitive Measures – General Enforcement Measures

• Enforcement Plan Part 2:

– Discussion September 20, 2018 Meeting – Implementation and Staff’s Proposed Strategic Enforcement Plan

• Loft Board’s Suggestions and Ideas

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QUESTIONS???