Category: Recent News

Basement Apartment

ANCILLARY DWELLING UNITS (ADUs)

Posted on | by sebastian

In December 2024, NYC passed the City of YES for Housing Opportunity with the aim to create approximately 80,000 new homes throughout the city. One of the key goals is to create smaller accessory units. Like backyard cottages and legalizing cellar and basement apartments, also known as Ancillary Dwelling Units (ADU’s). 

City of Yes will allow ADUs in one and two family homes in all low density (R1-R-5) zoning districts. Certain areas prohibit certain types of ADUs such as if you are in a flood zone. 

Some general requirements for ADUS are: 

  • Only one ADU per each 1- or 2- family residence with a maximum size of 800 sf.
  • The homeowner must reside on the zoning lot with the ADU
  • ADUs require a separate entrance
  • Creation of the ADU must not affect the light and air requirements of the primary dwelling.
  • Subject to the Multiple Dwelling Law (MDL), two-family building adding an attic, basement, cellar, or attached ADU will be treated as a three-family building. There is an exception to units separated by a fire wall
  • A two-family building with a pre-existing basement or cellar unit undergoing the legalization process will be subject to Building Code Appendix U and additional fire and safety rules and regulations in lieu of the MDL.  

Exceptions/Restrictions

Backyard ADUs are not permitted in:

  • Historic Districts
  • R1-2A, R2A and R3A districts outside of the Greater Transit Zone
  • Special Bay Ridge District west of Ridge Boulevard or south of Marine Avenue

Conversions of existing garages to an ADU are not backyard ADUs according to the Zoning Resolution Sect. 12-10 .

Subgrade ADUs are not permitted in high-risk flood areas 

LL126/24  are the laws that control subgrade dwelling legalization. Subgrade dwellings are restricted to existing one- and two-family buildings in the program area. The program area includes:

Community Districts :

  • 9, 10, 11, and 12 in the Bronx, 
  • 4, 10, 11, and 17 in Brooklyn, 
  • 2, 3, 9, 10, 11, and 12 in Manhattan 
  • And district 2, in Queens.

More information will be available as the city planning commission updates the Zoning Texts.  For questions about ADUs, reach out to S & M Expediting. 

DOB WORKER WALLET

DOB Worker Wallet

Posted on | by sebastian

NYC contractors who want to work on ground-up construction of 1, 2, or 3 family homes need be a registered General contractor.

NYC DOB-approved course provided began issuing the DOB Worker Wallet card on November 1, 2024.  The Worker Wallet will hold all your certification information in one place. It eliminates the need to carry multiple cards.  All existing qualification cards issued before November 1, 2024, must be replaced by the Worker Wallet card by July 1, 2025. 

Anyone with the following certifications must upgrade to a Worker Wallet card:

  • Mast Climber User/Operator and Refresher
  • Climber/Tower Crane Rigger
  • Rigger Supervisor/Rigger Worker
  • Supported Scaffold User/Installer/Remover
  • Suspended Scaffold User/Supervisor
  • Periodic Gas Piping Inspector

The Worker Wallet is validated on the Training Connect app. The Training Connect app can be downloaded from Google Play or the Apple App store. 

Site Safety professionals can use the Training Connect app. This ensures that all workers on a job site who require the necessary qualification possess valid certifications. 

Please note that the Worker Wallet Card does not replace SST (Site Safety Training) cards.  These cards will remain separate cards for the time being. They will eventually be linked to an individual’s profile in Training Connect. 

Short Term Rentals

NYC Short-term Rentals

Posted on | by sebastian

For years, New York City issued violations and costly penalties to property owners who illegally rented out units for short-term rentals.

AirBnB unsuccessfully sued the city in order to operate without impunity. In September 2023, New York City’s Local Law 18, restricting short-term rentals went into effect. The local law requires hosts to register with the Mayor’s office of Special Enforcement (OSE), prevents listings for stays shorter than 30 days and requires hosts to be present during guest stays.

Under Local Law 18, property owners can place their units on a “do-not-register” list that would prevent tenants from illegally posting their apartments without permission. AIrBNB is required to verify that all of the information provided by its hosts in NYC is accurate otherwise they will be subject to fines.

Hosts must register their unit with OSE. The rentals are limited to primary residences. Only properties with a valid certificate of occupancy for residential use can register. For buildings built prior to 1938, when certificates of occupancy became a requirement, a Letter of No Objections or Letter of Verification will be accepted. The hosts, owners, or tenants cannot rent out an entire apartment or home for fewer than 30 days. This applies to all permanent residential buildings regardless of the number of units. Legal short-term rentals require that the host is living in the same unit or apartment as the guests.

Other requirements for compliance with Local Law 18:

  • Unit must have a legal listing
  • Host must file with OSE and be approved before listing can go live
  • the space the host is registering must be legally approved for residential use.
  • host can rent to not more than two guests.
  • the property must have a certificate of occupancy or letter of no objection.
  • The property must not have violations for the space to be registered
  • S & M Expediting can help with the registration process so that you avoid being issued violations with huge fines. Give us a call to find out if your property can register with OSE.

DOB NOW: Safety Boiler

DOB NOW: Safety Boiler Violations

Posted on | by sebastian

Starting July 22, 2020, the Dept. Of Buildings (DOB) will be launching a new DOB NOW: Safety Violation portal. Under this portal, users can search for open boiler violations on a given property. They will also be able to see amounts due on any penalties on these properties. 
From that date forward, it will be mandatory to make payments online for “Failure to File” annual boiler inspection reports. 
The procedure to make payments for boiler violation penalties on DOB NOW: Safety is below: 

• Use an eFiling account to log in at www.nyc.gov/dobnow. If you need to create an eFiling account, click on the following link. www.nyc.gov/dobnowtips.
• Select DOB NOW: Safety and then the Violations portal.
• From the dashboard select +Violations Payments.
• Search by Violation Number, Device Number, Address or BIN. When a device number, address or BIN is entered, all active violations will appear along with the amount of the civil penalty due for each violation.
• Select the violation for which you want to submit payment. Only one violation can be paid per application.
• Save the application to proceed. The respondent information on the request is populated from the information found in the eFiling account that was used to log into DOB NOW.
• Complete the Statements & Signature section and Save the application again.
• The last step is to select Proceed to Pay to enter the payment in the CityPay portal.
Violation Dismissal

Boiler violation payments made in (DOB NOW: Safety Boiler Violations) Safety by credit card for boiler violations for issued for the years prior to and including 2016 will be processed immediately and the violation(s)status will change to dismissed in the Buildings Information System (BIS). Payments made by eCheck will take up to 10 days to be processed. An email notification will be sent when the payment has processed and the violation has been dismissed.

Boiler violations issued in 2017 or later require an annual boiler inspection report to be in accepted status in DOB NOW: Safety. Once payment has been made, the violation will not be dismissed unless an accepted inspection report has been submitted. If an inspection report is submitted, an email notification will be sent and the violation will be updated to dismissed status in BIS within 24 hours.

COVID-19 Violations

Posted on | by sebastian

Avoid COVID-19 state and city violations during Phase 1 restart. Department of Buildings (DOB) inspectors will be issuing covid-19 related violations starting July 8, 2020. Inspectors will look for job sites that are not in compliance with Covid-19 state/city Phase 1 restart requirements. Penalties of $5000.00 will be doled out for any violations found. The site may be issued a Stop Work Order. Penalties for continued non-compliance can be as high as $10K for each offense. 

Job sites will be issued Stop Work Orders if they are without a Safety Plan or a State affirmation conspicuously posted. Stop Work Orders can also be given out for not having a proper hand washing station, therefore DOB inspectors will look for compliance with the following: 

– Compliance with all social distancing protocols
– Appropriate face coverings worn by all site personnel and visitors
– Readily available hand hygiene stations which must have soap, running water and paper towels. Alcohol based hand sanitizers in lieu of hygiene stations are also acceptable.
– Visibly posted Covid-19 signage to remind all personnel to follow the proper hygiene and social distancing rules. Signs that show appropriate use of PPE and cleaning and disinfecting protocol.
– Properly completed and updated cleaning and disinfection logs
– Capacity signage at confined spaces, must be posted within the cab and at each landing.
– A communication plan for employees, visitors, and clients on site.
– Completed and updated logs. These logs must list each person on the site to ensure effective contact tracing.