New City Law Permits Complaints About Unoccupied Apartments with Potential for "B" or "C" Violations

In late 2023, the New York City Council added provisions to the Administrative Code to: (a) define an "unoccupied dwelling unit" as a unit not occupied for permanent or temporary residence purposes; (b) require a multiple dwelling owner to keep all unoccupied dwelling units in good repair; and (c) permit inspection by HPD of such units upon receipt of complaints about conditions in the units that affect occupied dwelling units in a building. Such complaints can include claims about pests, leaks, accumulation of refuse, unsecured openings, mold, or inadequate firestopping that may be the cause of a hazardous or immediately hazardous condition. This law doesn't apply to unoccupied dwelling units in NYCHA housing. Upon receipt of complaints, the law requires HPD to notify the building owner and schedule an inspection within 21 days. Findings of hazardous or immediately hazardous conditions will result in violation notices. The law also requires HPD to maintain public records listing violations issued. Known as Local Law 1 of 2024, the law was enacted on Jan. 6, 2024, after passage by the City Council, and returned unsigned by the mayor. The law becomes effective 210 days later, in August 2024.

NYC Local Law 1 of 2024 (Int. No. 195-B; 1/6/24)[3-pg. document]