New Laws & Regs

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The New York City Department of Health and Mental Hygiene (DOH) recently announced that a cooling tower in a South Bronx hotel was the source of a deadly Legionnaires’ disease outbreak that began on July 10. Laboratory tests determined that the Legionella strain found in the hotel’s cooling tower matched the strain found in patients.

On June 25, Governor Cuomo and leaders of the New York State Legislature agreed to strengthen the state’s rent regulations and to overhaul the 421-a tax abatement program. The legislative session had been originally scheduled to end on June 17, but negotiations continued into the following week. The Assembly voted 122 to 13 to pass the legislation, while the Senate passed it 47 to 12.

The NYS Electronic Equipment Recycling and Reuse Act, which was signed into law by the governor on May 28, 2010, took effect in full on Jan. 1, 2015. Overseeing the law’s enforcement is the NYS Department of Environmental Conservation (DEC). Businesses and households are no longer allowed to dispose of their e-waste by placing it for collection intended for processing at a solid waste or hazardous waste management facility. In short, you can’t place e-waste ...

Starting Dec. 3, 2014, all residential leases issued in New York State must include a notice advising tenants whether there is a sprinkler system at the “leased premises.” If there is a sprinkler system, the owner must also state the last maintenance and inspection dates of the system.

In accordance with new regulations designed to phase out the most-polluting grades of heating oil, as of July 2012, the Department of Environmental Protection (DEP) will stop issuing operating certificates for boilers burning #6 oil.

Boilers with Certificates to Operate that renew after July 1, 2012, must be converted to burn #4 or #2 fuel oil or gas. And according to the new rules, by 2030, #4 oil will also be phased out completely and owners must convert to boil...

This is the first year since the passage of the Rent Act of 2011 that the high-rent deregulation process will incorporate new household income and monthly legal regulated rent thresholds. If you have a tenant who's paying a monthly rent of $2,500 or more for a rent-controlled or rent-stabilized apartment, it might be time to send out the second of two Division of Housing and Community Renewal (DHCR) forms that may eventually lead to deregulation of the apartment. If...

The federal Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 requires users of consumer reports, beginning on July 21, 2011, to also provide credit scores to prospective tenants if the score was used in taking adverse or unfavorable action against the tenant. Adverse action notices are provided to rental applicants who, after the tenant screening process, are denied or conditionally accepted (that is, subject to a cosigner or higher deposit) based on in...

On July 23, 2010, Governor David A. Paterson signed into law a bill prohibiting transient use in any “class A” multiple dwelling building. The law became effective on May 1, 2011, and it was created to crack down on “illegal hotels” that have proliferated throughout New York City.

The Americans with Disabilities Act (ADA) applies to “public places” and not to private communities. However, if your building allows public use of its swimming pool or other facilities, you may be subject to the ADA and its most recent revisions.

In 2010, the U.S. Department of Justice issued final regulations revising Title II and III of the ADA, including the ADA Standards for Accessible Design. The revised regulations will take effect March 15, 201...

New York is a city of buildings. According to data provided by the city, the electricity, heating, and hot water we consume in buildings accounts for 75 percent of New York City's greenhouse gas footprint, and $15 billion per year in energy costs. The city's largest buildings—over 50,000 square feet—comprise nearly half of our total space.