Image Credit: NYC HPD
HPD adopted rules compelling owners to remediate indoor allergen hazards. The Department of Housing Preservation and Development adopted rules to require owners of multiple dwellings to investigate for and remediate indoor allergen hazards such as mold, cockroaches, mice, and rats. The new rules, which implement Local Law 55 of 2018, establish work practices for pest remediation, standards for tenant notifications, and procedures for submitting certifications of remediation and requesting extensions of time to correct violations.
Leases in multiple dwellings must now contain a standard notice advising tenants of the owner’s and tenant’s obligations regarding control of indoor allergen hazards. Owners must also provide tenants with a pamphlet on indoor allergen hazards published by the Department of Health and Mental Hygiene.
Owners are required to fix all visible mold and pest infestations and any underlying defects prior to occupancy by tenants. Owners are also required to make yearly inspections for indoor allergen hazards in apartments and common areas, and inspect for conditions that may cause indoor allergen hazards.
Orders by HPD to remediate conditions may be postponed upon a showing that the remediation cannot be completed because of serious technical difficulty; an inability to obtain necessary materials, funds or labor; or an inability to gain access to the dwelling units where the violation exists. Owners must give an explanation of how the remediation will be completed within fourteen additional days.
CityRecord, December 17 at 6728.
By: Viktoriya Gray (Viktoriya is the CityLaw Fellow and New York Law School Graduate, Class of 2018).