Notice Requirements for Tenant Protection Plans Regarding Construction, Alteration or Demolition In Occupied Buildings

In order for the New York City Department of Buildings (DOB) to issue a permit allowing for alteration, construction or partial demolition work to occur in a building containing one or more occupied dwelling units, the owner or applicant for the work must first submit a Tenant Protection Plan (TPP) to DOB. The TPP must provide specific details as to how the health and safety of occupants will be safeguarded, what hours and days the work may be performed, how noise levels will be restricted and the manner in which construction debris will be disposed of, among other requirements of the Administrative Code of the City of New York.

Once the DOB issues a permit for work to commence, the building owner is required to properly distribute and post TPP notices in the building. These notices must be provided to each occupied dwelling unit, conspicuously posted in the building’s lobby and posted within ten feet of an elevator on each floor or within ten feet of the main stairwell on each floor if the building does not have an elevator. In order to comply with DOB’s form requirements, the notices must (i) inform building occupants how they may obtain a copy of the TPP from the owner and access such TPP on DOB’s website, (ii) provide the contact information for the site safety manager, site safety coordinator, superintendent of construction, the owner of the building or such owner’s designee, and (ii) advise occupants that they may call 311 to make complaints about the work.

Owners may be subject to DOB penalties if notices are not properly distributed and posted in the building.