DOB Modifies Tenant Protection Plan Form

Owners anticipating construction work in their occupied buildings must comply with Tenant Protection Plan (TPP) requirements and notices. These requirements came about in 2017 through a package of bills focusing on tenant harassment. At the time, among the bills signed into law was one for an Office of the Tenant Advocate within the Department of Buildings that monitors various protection plans for tenants and responds to complaints from tenants about construction problems.

You 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. As of June 22, there are new updates to the Tenant Protection Plan form (TPP1) for residential buildings undergoing construction. The latest version of the form can be found at https://www1.nyc.gov/assets/buildings/pdf/tpp1.pdf.

Here are the changes:

• Both the applicant and the property owner are required to sign the paper form. It’s then submitted in the Buildings Information System (BIS).
• You’re now required to identify the specific unit/apartment numbers that will remain occupied during construction as stated in Local Law 118 of 2019.
• You must identify the specific means and methods to be used to limit noise to acceptable levels during construction, in accordance with the NYC Noise Control Code (Local Law 106 of 2019).
• The title sheet or first sheet immediately after the title sheet of construction documents for alteration, construction, or partial demolition work in a building containing one or more occupied dwelling(s) must contain a statement that “a [TPP] will be submitted in accordance with the requirements of Article 120 of Title 28 of the Administrative Code prior to the issuance of a permit.”

As a result of changes made to the TPP1 form, the TPP Notice to Occupants has also been modified. The current version can be found at https://www1.nyc.gov/assets/buildings/pdf/tpp_occupants_notice.pdf. Local Law 154 of 2017 requires owners to post or distribute a notice regarding the tenant protection plan when the DOB issues the work permit. 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.

In addition to the notice to occupants, Local Law 154 requires owners to notify the DOB in writing at least 72 hours before starting work that requires a TPP. This can be done online at https://a810-efiling.nyc.gov/eRenewal/tpp.jsp.

Don’t Forget About 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 must 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 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/pdfs/services/local-law-159-english.pdf.