Are you prepared for the new regulations enacted regarding New York City-issued building violations?

In the real estate industry there are many different areas of information that an owner/ manager must be familiar with in order to successfully manage their properties. One of the lesser known areas is that of properly handling and removing NYC issued violations. Ignorance of this matter can cost owners thousands of dollars in excess fees and penalties that would otherwise not be required if one had the proper knowledge and understanding of these codes. With the recent passing of many new building codes it is imperative to be pro-active in handling city issued violations. Jack Jaffa & Associates has been helping its clients deal with all aspects of violations for many years. Our firm will research, consult, attend hearings and certify correction in order to minimize our clients' penalty. In order to fully understand all aspects of violation removal one must first familiarize himself or herself with the complex maze of the various city agencies that issue violations. Each agency issues violations with different systems and techniques. The first step involved in clearing these violations is to fully understand that agencies' procedure and what needs to be done to satisfy, correct and remove the violation off of records. The most common and prevalent city agency that issues violations is the Environmental Control Board, better know as ECB. To fully delve into the various facets of the ECB is beyond the scope of this article. However, to summarize, the ECB issues violations through the Dept. of Buildings, Fire Dept., Dept. of Sanitation, Dept. of Transportation and Dept. of Environmental Protection. Once again each one of these departments has different penalty schedules and distinct methods to correct the violation. One of the most common mistakes is the lack of certifying the correction at the Dept. of Buildings after the judge has made a decision. As a client of Jack Jaffa & Associates, we will certify correction at no extra cost after we attend the hearing. While a person might go to the hearing and pay the penalty imposed, the violation will still be considered active if the correction has not been completed. In turn, these violations can cause a "failure to comply" violation, hold back J-51 benefits, impede obtaining a final certificate of occupancy and even delay a closing. In light of this, Jack Jaffa & Associates prepares all necessary documents for their clients that are needed to certify correction-at no extra charge. It is important to note, that it is crucial that there is someone from the owner/management that attends all hearings and avoids letting their cases default. Recently the city has become very meticulous in deciding which cases they are willing to vacate the default order. In particular, cases that are past one year of the docket date have become increasingly more challenging to receive a new hearing date from the ECB. Jack Jaffa & Associates is available to research and attend these hearings on your behalf. Dept. of Buildings violations are generally issued for defects in the elevator and for not performing the annual inspections on your elevator and boiler. All commercial properties and multiple dwellings are required to have their boiler inspected and subsequently have the report submitted to the Dept. of Buildings. A common oversight that I have seen over the years is not properly voiding disconnected or removed boiler and elevator devices. Due to the fact that these violations are computer generated and issued annually, if a landlord fails to properly notify the Dept. of Buildings, violations will be issued regardless of the fact the boiler or elevator device is not in use. It is important to note, that the Dept. of Buildings will be ceasing to allow the "late filings" of boiler inspections. All owners are urged to correct these open violations now, before the amnesty program is suspended. Furthermore, the penalties for not filing timely will be increasing drastically in the near future. Jack Jaffa & Associates is available to arrange for these filings to be completed and submitted directly to the Dept. of Buildings Boiler Division. As we are all aware, the Dept. of Housing Preservation and Development (HPD) issues violations to residential landlords for defects in the apartments. The simplest and most effective way to remove these violations are to correct the defects and certify it with HPD in the allotted time that is given for new violations. Jack Jaffa & Associates is available to handle the repair work and file the necessary correction forms directly with HPD. Failure to comply with excessive HPD violations can result in having the city commence an HPD litigation case against the landlord. In order to avoid this, landlords should monitor their buildings and conduct dismissal requests at least once or twice a year. Michael Jaffa is COO of Jack Jaffa & Associates, New York, N.Y.