Int 0108-1998

Be it enacted by the Council as follows: Section 1. Subchapter 1 of Chapter 1 of Title 26 of the administrative code of the city of New York is amended by adding a new section 26-118.1 to read as follows: �26-118.1 Stop-work orders for multiple dwellings subject to the provisions of section 27-198. Subject to the provisions of sections 26-115 through 26-118 of this subchapter, a notice or order to stop work shall be issued by the commissioner, or his or her authorized representative, with respect to any building subject to the provisions of section 27-198 at any time where work is being done without obtaining the necessary permits, where work is being done which is not authorized by a permit issued pursuant to articles twelve and fourteen of subchapter one of chapter one of title twenty-seven of this chapter, or where work is performed pursuant to a permit obtained through mistake of the department or through fraud, omission or misrepresentation by the applicant in any part of the application or supporting plans or documents. Any valid permits issued with respect to such building shall be revoked in accordance with the procedures setforth in section 27-197 of this code and work shall not resume until the applicant complies with the provisions of subparagraph b of paragraph one of subdivision b of section 27-198 of this code. �2. Subchapter 1 of Chapter 1 of title 26 of the administrative code of the city of New York is amended by adding a new section 26-119.1 to read as follows: �26-119.1 Notice of pendency. The commissioner, after issuing any notice or order, with respect to buildings subject to the provisions of section 27-198 of this chapter, or in any subsequent action or proceeding with respect to this building, shall also file a notice of pendency, consisting of a copy of the notice or order issued by the commissioner and a notice of the action or proceeding instituted or to be instituted thereon. �3. Section 27-143 of the administrative code of the city of New York is amended to read as follows: �27-143 Examination of application and plans. All applications for approval of plans and plans submitted in connection therewith, and any amendments thereto, shall be numbered, docketed and examined promptly after their submission. The examination shall be made under the direction of the commissioner for compliance with the provisions of this code and other applicable laws and regulations. [The] Except as to applications with respect to work to be performed in a building subject to the provisions of section 27-198 of this code, the commissioner may at his or her discretion, when the application is submitted by an architect or an engineer, designate portions of the examination for limited supervisory check. The personnel employed for examination of plans shall be qualified engineers or architects experienced in building construction and design. �4. Section 27-209 of the administrative code of the city of New York is amended to read as follows: �27-209 Inspections during progress of work. After the issuance of a work permit, inspections shall be made during the progress of the work at such times or at such stages of the work and in such manner as the commissioner shall direct, except that for premises subject to section 27-198 of this subchapter, the commissioner shall conduct inspections no less often than once each month, for the first six months after the issuance of a permit, and no less often than every three months thereafter until such permit expires; and such inspections shall include inspection of machinery and equipment used for hoisting purposes, cableways and rigging purposes. The commissioner may accept signed statements by architects or engineers and supporting inspection and test reports which have been filed with the department covering materials and equipment subject to controlled inspection and semi-controlled inspection, as provided under sections 27-132, 27-133, 27-136 and 27-137 of this subchapter, and, except with respect to a building subject to the provisions of section 27-198 of this subchapter, the work may, unless otherwise specifically provided by code provisions or directed by the commissioner, proceed without any verifying inspections or test by the department, provided that the names and business addresses of such architects or engineers shall have been set forth in the work permit application or filed in writing with the department not later than ten calendar days prior to the commencement of work thereunder. �5. Subdivision a of section 27-2093 of the administrative code of the city of New York is amended by amending paragraphs 3 and 4 of such subdivision and by adding a new paragraph 5 to such subdivision to read as follows: (3) the failure to comply with the provisions of subdivision c of section 27-2140 of article seven of subchapter five of this code which causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit to vacate such unit or to waive any rights in relation to such occupancy;[or] (4) any other conduct which prevents or is intended to prevent any person from the lawful occupancy of such dwelling unit or causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit to vacate such unit or to surrender or waive any rights in relation to such occupancy including but not limited to removing the possessions of any occupant from the dwelling unit; removing the door at the entrance to the dwelling unit; removing, plugging or otherwise rendering the lock on such entrance door inoperable; or changing the lock on such entrance door without supplying the occupant with a key[.]; or (5) the failure to comply with the provisions of section 27-198 of this code. �6. Paragraph 1 of subdivision f of section 27-2093 of the administrative code of the city of New York is amended to read as follows: f.(1) The commissioner [may] shall rescind a certification of no harassment or a waiver thereof granted with respect to the alteration or demolition of a multiple dwelling if the commissioner finds that harassment has occurred at the multiple dwelling with respect to which such certification or waiver thereof was issued after the period of time covered by such certification but prior to the commencement of substantial work pursuant to an alteration permit or demolition permit issued on the basis of such certification or waiver thereof. �7. This local law shall take effect immediately. 2