§ 44-03 Compliance and Documentation.
(a) An owner must comply with an order issued by the Department within four months of the issuance of an order, or within an additional two months upon approval of such extension by the Department, and submit the documentation required by this section.
(b) To request an extension of two months to comply with an order, an owner must submit the following documentation to the Department within two months of issuance of such order:
(1) An affidavit from a New York State licensed professional engineer or registered architect in a form approved by the Department identifying the Underlying Condition that is the source of the mold or water leak; and
(2) An affidavit from the owner of the building in a form approved by the Department stating that the Underlying Condition and related violations will be corrected, describing the work that will be performed to correct such Underlying Condition and violations, and stating that the work will be completed within the extended time period.
(c) To request a rescission of the order issued by the Department, an owner must submit the documentation required by paragraph 1 or paragraph 2 of this subdivision within four months of issuance of the order, or within six months of such issuance if an extension was granted by the Department. In addition, the Department will not grant a rescission unless it finds, after inspection, that at least 80% of the mold and water leak violations have been repaired.
(1) If there are no Underlying Conditions:
(i) An owner must submit an affidavit from a New York State licensed professional engineer or registered architect in a form approved by the Department stating that there are no Underlying Conditions that are causing the mold and water leak violations;
(ii) An owner must submit a completed dismissal request form pursuant to 28 RCNY Chapter 9; and
(iii) An owner must submit evidence that the building is in compliance with Administrative Code § 27-2017.2(b) and 28 RCNY § 54-02. An owner may elect to use the Control of Pests and Other Asthma Allergen Triggers – Sample Investigation Form available at: indoor-allergen-hazards-sample-investigative-report.pdf (nyc.gov) to document the inspection and any remedial actions taken.
(2) If Underlying Conditions and related violations have been repaired:
(i) An owner must submit an affidavit from a New York State licensed professional engineer or registered architect in a form approved by the Department identifying the Underlying Condition that was the source of the mold or water leak violations, stating that the Underlying Condition and related violations were properly repaired, and identifying who repaired the Underlying Condition and related violations, and stating that such work to correct mold violations was performed pursuant to the work practices provided in Administrative Code § 27-2017.9 and 28 RCNY § 54-04(b).
(ii) An owner must submit evidence that the building is in compliance with the owner’s responsibility to notify tenant occupants and to investigate complaints, pursuant to Administrative Code § 27-2017.2(b) and 28 RCNY § 54-02. An owner may elect to use the Control of Pests and Other Asthma Allergen Triggers – Sample Investigation Form available at: indoor-allergen-hazards-sample-investigative-report.pdf (nyc.gov) to document the inspection and any remedial actions taken.
(iii) An owner must submit a completed dismissal request form pursuant to 28 RCNY Chapter 9.
(d) The Department may also rescind an order for the following reasons:
(1) An administrator had been appointed for the building pursuant to Article 7A of the Real Property Actions and Proceedings Law and this fact became known to the Department after issuance of the Underlying Conditions order;
(2) A preservation loan was closed by HPD or HDC during the four- or six-month period for compliance with the Underlying Conditions order;
(3) HPD completed the repair work required under the Underlying Conditions order;
(4) HPD selected a building for participation in the Alternative Enforcement Program pursuant to New York City Administrative Code § 27-2153 during the four- or six-month period for compliance with the Underlying Conditions order; or
(5) The order was issued to a building that is otherwise excluded from such issuance pursuant to 28 RCNY § 44-02(b).
(Amended City Record 8/16/2023, eff. 9/15/2023)
