Int. No. 661-A
By Council Members Bottcher, Sanchez, Powers, Hanif, Brewer, Restler, Hudson, Marte, Ung, Schulman, Rivera, Menin, Ayala, Joseph, Banks, Hanks and Louis
A Local Law to amend the administrative code of the city of New York, in relation to penalties for failing to complete façade repairs in a timely manner
Be it enacted by the Council as follows: Section 1. Article 220 of chapter 2 of title 28 of the administrative code of the city of New York, as added by a local law for the year 2025 amending the administrative code of the city of New York and the New York city building code, relating to penalties for sidewalk sheds in the public right-of-way, as proposed in introduction number 393-A, is amended by adding a new section 28-220.2 to read as follows:
§ 28-220.2 Department penalty for failing to complete façade repairs in a timely manner. In addition to any other penalties that may be imposed under any other provision of law, the owner of a building subject to the requirements of article 302 of chapter 3 of this title may be subject to a penalty where façade repairs are not commenced and completed as required by this section.
§ 28-220.2.1 Assessment of penalties for failing to complete façade repairs in a timely manner. Where an initial permit for the erection of a sidewalk shed in the public right-of-way is issued on or after the effective date of the local law that added this section, penalties for failure to timely complete façade repairs shall be assessed to the building owner by the department within the ranges set forth in items 1 through 3 of this section.
1. A penalty of not less than $5,000 nor more than $20,000 shall be imposed if complete construction documents to repair the unsafe condition of the façade of such building are not filed with the department within 5 months of the issuance of an initial permit for the erection of a sidewalk shed in the public right-of-way.
2. A penalty of not less than $5,000 nor more than $20,000 shall be imposed if an owner does not file a complete permit application for the repair of an unsafe façade and fails to diligently pursue such application, including but not limited to responding to objections in a timely manner to enable the department to issue such permit within 8 months of the issuance of an initial permit for the erection of a sidewalk shed in the public right-of-way.
3. A penalty of not less than $5,000 nor more than $20,000 shall be imposed if permitted work to repair an unsafe façade is not completed within 2 years of the issuance of an initial permit for the erection of a sidewalk shed in the public right-of-way, unless the department granted an extension pursuant to section 28-220.2.2.
Exception: Department penalties for failure to complete façade repairs in a timely manner shall not apply to sidewalk sheds installed in connection with permitted new building, enlargement, or demolition work.
§ 28-220.2.2 Extensions of time to complete façade repairs. Upon request by the owner of a building subject to section 28-220.2, the commissioner may grant an extension of time to commence or complete façade repairs according to the timeline in section 28-220.2.1. Such request shall be made to the commissioner in writing, in a form and manner and within such period of time, as determined by the department. Such request shall toll the timeline in section 28-220.2.1 until a decision on such request is made. Such request shall include documentation explaining why such timelines cannot be met, and a contract indicating the scope of repairs and a timeline to complete those repairs. Upon submission of a contract indicating a timeline greater than 2 years, the owner may apply for a single extension, the duration of which shall be determined by the department based on factors such as the size of the building, the scope of necessary work, and the materials necessary to complete such work. The penalties outlined in section 28-220.2.1 may be imposed where façade repairs are not completed within such timeline. The department may charge a fee, to be determined by the department by rule, for each extension request submitted to the department.
§ 28-220.2.3 Procedure. The department shall adopt rules setting forth procedures for the assessment of penalties pursuant to this section, which shall include notice and an opportunity to be heard.
§ 2. This local law takes effect on the same date that a local law for the year 2025 amending the administrative code of the city of New York and the New York city building code, relating to penalties for sidewalk sheds in the public right-of-way, as proposed in introduction number 393-A, takes effect.
APM
LS#10546
3/18/2025 11:03pm