Submit Tenant Protection Plan, Post Notices for Buildings Occupied During Construction

Last year, the city’s focus on tenant harassment culminated in Mayor de Blasio signing a package of bills into law that gave sweeping protections to renters against tenant harassment and unsafe living conditions. Among the bills signed into law was one for an Office of the Tenant Advocate within the Department of Buildings that will monitor various protection plans for tenants and respond to complaints from tenants about construction problems. Another of the bills imposes penalties on construction work carried out without permits; it targets owners who have started construction on the pretext of making repairs, only to then make the building uninhabitable in an effort to drive out rent-stabilized tenants.

If your building is going to be occupied during ongoing construction work, it’s more important than ever to comply with Tenant Protection Plan (TPP) requirements and notices. The TPP provides a list of compliance categories that must be met by a building or site of a new building, if the building undergoing construction contains at least one occupied dwelling unit. The TPP works to safeguard the building occupants and covers six categories.

Overview

Owners anticipating construction work in their occupied buildings must know the difference between the TPP and the notice form. There are two documents you’ll need to be aware of:

• The Tenant Protection Plan, submitted to the Department of Buildings before work begins and available on the DOB website; and
• The notice announcing availability of the plan, distributed to all occupied units or posted in required locations.

Owners must manage both documents by submitting a work- and building-specific TPP, and distributing or posting the DOB-approved notice in order to stay compliant.

The TPP can be found in the NYC Administrative Code at §28-104.8.4: Tenant Protection Plan:

Construction documents for alterations of buildings in which any dwelling unit will be occupied during construction shall include a Tenant Protection Plan. The plan shall contain: a statement that the building contains dwelling units that will be occupied during construction, indicating in sufficient detail the specific units that are or may be occupied during construction; the means and methods to be employed to safeguard the safety and health of the occupants; and where applicable, include details such as temporary fire-rated assemblies, opening protectives, or dust containment procedures.

Owners are required to notify the DOB 72 hours before beginning work in a building with a TPP. You must use the online notification form on the DOB’s website at https://a810-efiling.nyc.gov/eRenewal/rte.jsp.

The elements of the TPP may vary depending on the nature and scope of the work, but at a minimum it must make detailed and specific provisions for:

Egress. At all times in the course of construction provision must be made for adequate egress and the TPP must identify the egress that will be provided. Required egress must not be obstructed at any time except where approved by the DOB commissioner.

Fire safety. All necessary laws and controls, including those with respect to occupied dwellings, as well as additional safety measures necessitated by the construction, must be strictly observed.

Health requirements. The TPP must specify the methods to be used for controlling dust, disposing construction debris, controlling pests, maintaining sanitary facilities, and limiting noise to acceptable levels. The TPP must also include a statement of compliance with applicable provisions of law relating to lead and asbestos.

Compliance with housing standards. The TPP must state that the requirements of the New York City Housing Maintenance Code, and, where applicable, the New York State Multiple Dwelling Law shall be strictly observed.

Structural safety. The TPP must state that no structural work will be done that may endanger the occupants.

Noise restrictions. Where hours of the day or the days of the week in which construction work may be undertaken are limited by the New York City noise control code, the TPP must state those limitations.

Maintaining essential services. Describe the means and methods to be used for maintaining heat, hot water, cold water, gas, electricity, or other utility services in accordance with the requirements of the New York City Housing Maintenance Code. Specify if a disruption of any such service is anticipated during the work, including the anticipated duration of the disruption and the means and methods to be employed to minimize the disruption, including the provision of sufficient alternatives for the service during its disruption.

Notice to Tenant Requirements

Local Law 154 of 2017 requires owners to post or distribute a notice regarding the TPP when the DOB issues the work permit. Owners must post or distribute the notice form created and approved by the DOB. You can find the notice at https://www1.nyc.gov/assets/buildings/pdf/tpp_occupants_notice.pdf.

The notice must be distributed to each occupied dwelling unit or posted in the lobby and:

• On each floor within 10 feet of the elevator; or
• If the building doesn’t have an elevator, within 10 feet of or in the main stairwell on each floor.

Failure to post the DOB-approved notice containing the required contact information may result in penalties.

HPD’s Safe Construction Bill of Rights

Owners anticipating construction work also can’t forget about the Safe Construction Bill of Rights. In addition to the TPP, a Safe Construction Bill of Rights must be distributed or posted. Local Law 159 requires owners to provide a Safe Construction Bill of Rights for the following types of construction:

• An application for a permit for work not constituting minor alterations or ordinary repairs;
• An emergency work permit; and
• New buildings, immediately upon application for a Temporary Certificate of Occupancy.

The Safe Construction Bill of Rights notice must include:

• A description of the type of work being conducted and the locations in the multiple dwelling where the work will take place;
• The hours of construction;
• A projected timeline for the completion of the work;
• A description of the amenities or essential services anticipated to be unavailable or interrupted during the work and how the owner will minimize such unavailability or interruption;
• Contact information, including a telephone number, for an agent or employee of the owner who can be reached for nonemergency matters pertaining to the work being performed;
• Contact information, including a telephone number, for an agent or employee of the owner who can be reached for emergency matters pertaining to the work being performed 24 hours a day, seven days a week during the period of construction; and
• Contact information for the relevant city and state agencies where occupants may submit complaints or ask questions about the work being performed.

Owners are required to distribute the Safety Construction Bill of Rights notice to each occupied dwelling unit or post it in the building lobby, as well as on every floor within 10 feet of every elevator bank, or, in a building with no elevator, within 10 feet of every main stairwell. The notice must be published in English, Spanish, and any other languages that the Department of Housing Preservation & Development (HPD) may provide by rule. The notice must remain posted until the completion of the described permitted work. You can find the Bill of Rights form provided by the DOB at https://www1.nyc.gov/assets/hpd/downloads/pdf/Owners/local-law-159-english.pdf.