Section 27-2153. Alternative Enforcement Program

The  department shall
  establish an alternative enforcement  program  and  identify  distressed
  buildings  for  participation in such program. Notwithstanding any other
  provision of law, the department shall enforce violations of  this  code
  and the multiple dwelling law pursuant to such program, as follows:
    a.  The  department shall identify no fewer than two hundred different
  distressed buildings for participation in  the  alternative  enforcement
  program  in each of the first two years of such program. For purposes of
  this subdivision the criteria  used  to  identify  distressed  buildings
  shall be:
    (i)  twenty-seven  or  more  open  hazardous  or immediately hazardous
  violations of record which were issued  by  the  department  within  the
  two-year  period  prior  to  identification  of  the  building  for such
  program; and
    (ii) a ratio of open hazardous and  immediately  hazardous  violations
  which  were issued by the department within the two-year period prior to
  identification of the building  for  such  program  that  equal  in  the
  aggregate  five  or  more such violations for every dwelling unit in the
  multiple dwelling; and
    (iii) unpaid emergency repair charges, including liens, in a ratio  of
  one  hundred  or  more  dollars  for  each dwelling unit in the multiple
  dwelling which  were  incurred  within  the  two-year  period  prior  to
  identification of the building for such program.
    b.  In the third year of such program the department shall identify no
  fewer than two hundred different distressed buildings for  participation
  in  the  alternative  enforcement program. The criteria used to identify
  distressed buildings in such year shall be:
    (i) twenty-five  or  more  open  hazardous  or  immediately  hazardous
  violations  which  were  issued  by  the  department within the two-year
  period prior to identification of the building for such program; and
    (ii) a ratio of open hazardous and  immediately  hazardous  violations
  which  were issued by the department within the two-year period prior to
  such identification that equal  in  the  aggregate  five  or  more  such
  violations for every dwelling unit in the multiple dwelling; and
    (iii)  unpaid emergency repair charges, including liens, in a ratio of
  one hundred or more dollars for  each  dwelling  unit  in  the  multiple
  dwelling  which  were  incurred within the two-year period prior to such
  identification.
    c. In the fourth year and each succeeding year  of  such  program  the
  department shall identify no fewer than two hundred different distressed
  buildings  for participation in the alternative enforcement program. The
  criteria used to identify distressed buildings in such years shall be:
    (i) twenty-five  or  more  open  hazardous  or  immediately  hazardous
  violations  which  were  issued  by  the  department within the two-year
  period prior to identification of the building for such program; and
    (ii) a ratio of open hazardous and  immediately  hazardous  violations
  which  were issued by the department within the two-year period prior to
  such identification that equal  in  the  aggregate  five  or  more  such
  violations for every dwelling unit in the multiple dwelling; and
    (iii)  emergency  repair charges, including liens, which were incurred
  within the two-year period prior to such identification in  a  ratio  of
  one  hundred  or  more  dollars  for  each dwelling unit in the multiple
  dwelling, whether or not such charges have been paid or liens satisfied.
    d. For the purposes of subdivisions a, b, and c of this section, those
  buildings having the highest  aggregate  ratio  of  open  hazardous  and
  immediately  hazardous  violations  for every dwelling unit shall be the
  buildings identified first for participation in the program.

    e. Notwithstanding the criteria set forth in subdivisions a, b, and  c
  of  this  section, a building that is currently the subject of an in rem
  foreclosure action by the city, or that is the subject of a court  order
  appointing an administrator pursuant to article 7-A of the real property
  actions  and  proceedings  law, shall not be included in the alternative
  enforcement program.
    f. Where there are fewer than two  hundred  buildings  that  meet  the
  applicable  criteria  only  the  buildings  meeting  such criteria shall
  participate in the alternative enforcement program.
    g. The department shall within thirty days of the  effective  date  of
  this  article  provide written notification to the owner of any building
  identified for participation in the alternative enforcement program, the
  occupants of such building and the council member in whose district  the
  building  is  located, that such building is subject to the requirements
  of such program and the requirements of this article.
    h. The department shall establish a process to provide  the  occupants
  of  buildings  participating  in the alternative enforcement program and
  council members within whose districts such buildings are  located  with
  information regarding the status of the building during participation in
  such program.
    i. The owner of a building that is identified for participation in the
  alternative  enforcement program shall be required to respond in writing
  to the notification provided pursuant to subdivision g of  this  section
  whether  he  or  she  intends to correct the existing violations of this
  code and the multiple dwelling law in such building.  Such  owner  shall
  correct  the  existing violations of this code and the multiple dwelling
  law  in  such  building  no  later  than  four  months   after   written
  notification  by  the  department  pursuant  to  subdivision  g  of this
  section, provided, however, that the original correction  date  for  any
  violation  issued  in such building shall not be deemed to be changed or
  postponed by  such  notification.  Nothing  in  this  subdivision  shall
  preclude  the department from determining after such identification that
  the provisions of subdivision k may be  immediately  implemented.  Where
  such owner believes that such violations have been corrected, such owner
  shall  request  a  reinspection  of such violations for dismissal by the
  department. The process to request a reinspection and dismissal of  such
  violations  shall  be prescribed in rules promulgated by the department.
  The department shall perform a reinspection within sixty days of receipt
  of a request for such reinspection by the owner and upon  completion  of
  such  reinspection  the  department  shall assess whether such owner has
  substantially complied with the requirements of  this  subdivision.  The
  department  shall  issue  a  notice  of  violation for any new violation
  observed in the course of such reinspection. After  completion  of  such
  reinspection,  the department shall within twenty days provide a written
  determination to such owner.  For  the  purposes  of  this  subdivision,
  "substantial  compliance" shall mean that at the time of reinspection by
  the department, all violations relating directly to providing  heat  and
  hot water and eighty percent of all other open hazardous and immediately
  hazardous violations have been determined by the department to have been
  corrected.
    j.  (i)  Where  an  owner  has received a written determination by the
  department  that  he  or  she  has  substantially  complied   with   the
  requirements  of  subdivision i of this section, such owner shall pay to
  the department all outstanding charges, including liens,  for  emergency
  repair  work  performed by the department in such building that are due,
  if any, and shall register the building in accordance with  article  two
  of  subchapter  four of chapter two of this title if the building is not
  validly registered. Upon such  payment  and  valid  registration,  where

  applicable, the department shall notify the owner, the occupants in such
  building  and  the  council  member  in  whose district such building is
  located that the building has been discharged from participation in  the
  alternative  enforcement program, provided, however, that the department
  shall continue to monitor the building to  ensure  continued  compliance
  with  this  code.  Such monitoring shall be performed no less often than
  every three months for a period  of  at  least  one  year  with  special
  consideration given to any uncorrected immediately hazardous violations.
    (ii)  Except as provided in subdivision l of this section, the failure
  by an owner to substantially comply with the provisions of subdivision i
  of this section, or pay all outstanding charges,  including  liens,  for
  emergency  repair  work,  if  any,  or  validly register the building in
  accordance with article two of subchapter four of chapter  two  of  this
  title,  where  applicable, shall result in the building remaining in the
  alternative enforcement program, and such building shall continue to  be
  subject  to  the fees and other requirements applicable to such program.
  Upon such failure, the department  shall  notify  such  owner  that  the
  building  has  not  been  discharged  from  the  alternative enforcement
  program.
    k. (i) The department shall perform a building-wide  inspection  of  a
  building  that  is  subject  to  the  requirements  of  the  alternative
  enforcement program if: (1)  the  owner  has  been  notified  that  such
  building   has   not  been  discharged  from  the  program  pursuant  to
  subdivision i of this section, or (2) the owner has failed to respond to
  written notification by the department in accordance with subdivision  g
  of  this  section.  Such  building-wide inspection shall be commenced no
  later than thirty days after notice is given to the  owner  pursuant  to
  paragraph  ii of subdivision j of this section. After such building-wide
  inspection is completed, the department shall issue  an  order  to  such
  owner  to  correct  existing  violations  of  this code and the multiple
  dwelling law and any new violations written since  the  notification  of
  the  owner  in  accordance with subdivision g of this section and repair
  the related underlying conditions as shall be specified in  such  order.
  Such  building-wide  inspection shall be completed and such order issued
  within ninety days of commencement of the building-wide inspection. Such
  order shall be filed in the office of the county clerk in the county  in
  which  the building is located. For purposes of this article, a "related
  underlying condition" shall mean a  physical  defect  or  failure  of  a
  building  system that is causing or has caused a violation, such as, but
  not limited to, a structural defect, or failure of a heating or plumbing
  system.
    (ii) The department shall: (1) within thirty days  of  the  filing  of
  such  order  prepare a scope of work necessary to correct the violations
  and repair the related underlying conditions as are  specified  in  such
  order; (2) cause repair work to be commenced and expeditiously completed
  unless there are circumstances beyond the control of the department such
  as:   the inability to obtain access to the building or any part thereof
  necessary for the making of such  repairs  in  which  case  the  repairs
  related  to  the  portion  of  the building to which access could not be
  obtained may be delayed until access is obtained; or  the  inability  to
  obtain  necessary legal approvals, materials or labor; or for so long as
  there is ongoing litigation with respect to the building  that  prevents
  such  work  from  being  performed  by  the  department;  or  the  owner
  undertakes the repair work in a  manner  that  is  satisfactory  to  the
  department; or commencement or completion of the work is not practicable
  because  a  vacate or similar order has been issued by the department or
  any city agency  and/or  the  cost  of  performing  work  necessary  for
  restoring the building pursuant to the order is economically infeasible;

  and  (3)  monitor  repair  work  as  it  is performed in accordance with
  subdivision m of this section. For the  purposes  of  this  subdivision,
  "economically  infeasible"  shall mean a determination by the department
  that the cost of repairing a particular building exceeds the anticipated
  market  value  of  such  building after all repairs have been completed.
  However, any determination by the department that, for the  purposes  of
  this subdivision, repairs to a particular building would be economically
  infeasible  for  the  department  to  undertake,  shall  not  take  into
  consideration the owner's conduct with respect to the building.
    l. The owner or managing agent or other designated representative of a
  building which is the subject of an order by the department pursuant  to
  subdivision  k  of  this  section  shall be required to participate in a
  course of training  relating  to  building  operation  and  maintenance,
  approved  by the department, prior to discharge of the building from the
  alternative enforcement program.
    m. The department shall reassess,  at  quarterly  intervals,  or  more
  often   as  necessary,  each  building  that  has  been  identified  for
  participation in the  alternative  enforcement  program  for  which  the
  department has issued an order pursuant to subdivision k of this section
  and in which the department or an owner has commenced repairs, to ensure
  progress  towards  completion of such repairs. At each such reassessment
  the department shall determine whether  repairs  are  progressing  in  a
  timely  fashion.  When conducting such reassessment the department shall
  give special consideration to the correction  of  immediately  hazardous
  violations.  No  later  than  six  months  from the commencement of such
  repair work, if the department determines that such repair work  is  not
  progressing in a timely fashion, then the department shall expeditiously
  complete the repairs.
    n.  The  department  may  discharge  from  the alternative enforcement
  program a building for which  an  order  has  been  issued  pursuant  to
  subdivision  k  of  this  section  upon: (1) substantial compliance, (2)
  payment of fees, (3)  payment  to  the  department  of  all  outstanding
  emergency  repair charges, including liens, and (4) registration of such
  building in accordance with article two of subchapter  four  of  chapter
  two  of  this title or such other criteria as may be established by rule
  which are not inconsistent with any of the provisions of this article as
  are applicable. Where the department determines to discharge a  building
  from  such  program,  it  shall  provide  a written determination to the
  owner, the occupants of such building and the council  member  in  whose
  district  such  building  is located and shall file in the office of the
  county clerk in  the  county  in  which  such  building  is  located,  a
  rescission  of  the  order  issued  pursuant  to  subdivision  k of this
  section. For the purposes of this subdivision, "substantial  compliance"
  shall  mean  that  at  the  time  of reinspection by the department, all
  violations relating directly to providing heat and hot water and  eighty
  percent of all other open hazardous and immediately hazardous violations
  and  the  related  underlying  conditions,  have  been determined by the
  department to have been corrected.
    o. The department shall expeditiously undertake good faith efforts  to
  obtain  access  to any portion of the building where access is necessary
  in order to perform an inspection, perform work to correct  a  violation
  of  this  code  or the multiple dwelling law or perform work to repair a
  related underlying condition. If access is not obtained even after  such
  good  faith  efforts,  the  department  shall seek an order of access in
  accordance with the provisions of section 27-2123 of this code. Any time
  period set forth in this section within which the department is required
  to act shall be tolled during the period  in  which  the  department  is

  making  such  good faith efforts to obtain access or is seeking an order
  of access.
    p.  An  owner  of a building who has been notified of participation in
  the alternative enforcement program pursuant to subdivision  g  of  this
  section shall be subject to fees for any inspection, reinspection or any
  other action taken by the department in relation to such building during
  the time period that the building is in such program. A schedule of fees
  for  this  purpose  shall  be  prescribed  in  rules  promulgated by the
  department.
    q.  All  amounts  for  expenses  incurred  and  fees  imposed  by  the
  department  pursuant  to  this  article  that remain unpaid by an owner,
  shall constitute a debt recoverable from the owner and a lien  upon  the
  building  and  lot,  and  upon  the  rents and other income thereof. The
  provisions of article eight of this subchapter shall govern  the  effect
  and  enforcement  of  such  debt  and  lien.  The department may serve a
  statement of account upon an owner for such amounts pursuant to  section
  27-2129 of this subchapter.
    r.  Any failure by the department to provide notification to occupants
  of a building that  is  participating  in  the  alternative  enforcement
  program or council members as required by this article shall not prevent
  the department from taking any actions under or enforcing the provisions
  of  this article, except that the department shall attempt to remedy any
  such failure immediately upon its discovery.
    s. On or before February 15th  of  each  year,  the  department  shall
  prepare  and  submit  to  the  council  a  report  on the results of the
  alternative enforcement program. Such report  shall  be  cumulative  and
  shall  include the following: (i) the address and owner of each building
  in the program; (ii) the council member in whose district  the  building
  is  located;  (iii)  for  each  building,  the  aggregate number of open
  hazardous  and  immediately  hazardous  violations  at  the   time   the
  alternative enforcement program was used as an enforcement mechanism for
  such  building,  the  ratio  of  such  violations  and  unpaid  and paid
  emergency repair charges or liens, as is applicable, to  the  number  of
  dwelling  units  at  such  time,  whether  or  not the building has been
  discharged from the program and the reason for such status; and (iv) the
  number of buildings  for  which  substantial  compliance  has  not  been
  achieved  within  twelve months from the start of their participation in
  the program. Such report shall be posted  on  the  department's  website
  within ten days of its submission to the council.
    t. Nothing in this section shall prevent the department from enforcing
  the provisions of this code or the multiple dwelling law pursuant to any
  other provision of this code, the multiple dwelling law or any other law
  where  the  department determines that additional enforcement mechanisms
  are necessary to do so. Nothing in  this  article  shall  be  deemed  to
  affect  the  duties  of  an  owner, a tenant or the department under any
  other article of this code or the multiple dwelling law.
    u. Any notifications or information required by  this  section  to  be
  provided  to an owner or occupant of a building shall be in English, the
  languages  set  forth  in  subdivision  j  of  section  8-1002  of   the
  administrative  code of the city of New York and in such other languages
  as the department deems appropriate.
    v. No later than four years after such program begins  the  department
  shall  conduct  a study to evaluate the effectiveness of the alternative
  enforcement program. Such study shall examine, but shall not be  limited
  to examining, the following:
    (1)  the  program's  cost  effectiveness, including the amount of fees
  collected;

    (2) whether the criteria established pursuant to subdivisions a, b  or
  c  of  this  section  were  appropriate  and  if not, how they should be
  adjusted; and
    (3) whether the monitoring undertaken by the department is appropriate
  and if not, what modifications should be made.
    Such  study  shall  also  include  recommendations  as  to whether the
  program should be continued or modified  in  any  way  and  the  reasons
  therefore.    Such study shall be incorporated into a report required by
  subdivision s of this section.