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Local Law 160: NYC Building Owners to be Affected by New Rules Changes in 2018

For business owners in New York City, the New Year brings an array of new city regulations that can affect your bottom line. The De Blasio Administration, including its City Agencies, has implemented rule changes that will govern companies across a range of industries – from mandating safety training for construction workers to implementing “Fair Workweek” scheduling laws and compelling certain businesses to separate food waste.

One significant rule change to pay attention to affects the issuance of building permits. The Department of Buildings’ Local Law 160/2017 may have a major impact on progress for the development community and tenants alike.

Under the new rule, which is scheduled to go into effect at the start of 2018, New York City building owners who owe fines to the Environmental Control Board (ECB) will find it potentially much more difficult to secure building permits. The New York City Council passed LL 160/2017  to authorize the Department of Buildings to “deny certain building permits where outstanding charges are owed to the city.”

Simply put, any violations totaling $25,000 or more (not just a single property, but added collectively through properties under the same ownership), including outstanding ECB violations, can put issuance of DOB permits in jeopardy to be delayed or denied.

While this may not be the most welcome news to the real estate community, everyone benefits when development is safe and in compliance with the law. Developers’ and building owners’ knowledge of LL 160/2017 gives a welcome opportunity to get ahead of avoidable delays.

Read the full text of Local Law 160 of 2017 here.

Capalino+Company’s Agency Resolution + Permitting group is closely tracking this law and other potential legislation, as each will have significant effects on land use and development potential in the city. Contact Executive Vice President Brooke Schafran to help you navigate the City’s regulatory landscape as it continues to change at brooke@capalino.com or 212-616-5828.

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