DOB Announces Administrative Closures, Permit Denials

By Bruno Caligara

The Department of Buildings (DOB) has announced two new changes with immediate effective dates. The first concerns administrative closure of HUB jobs, and the second enforces Local Law 114 of 2019.

Administrative Closures in HUB

Effective July 30, 2020, Applicants of Record have 90 days to pay for initial filings of HUB Full-Service and HUB Self-Service jobs. Failure to submit payment within this time frame, which starts upon assignment of a job number, will result in the job being “Administratively Closed” due to inactivity.

The BIS Application Details page will display a message indicating that the HUB Full/Self-Service Job has not been submitted by the Applicant of Record, along with the payment deadline to avoid deletion.

Paid or fee-exempt jobs will remain open, but DOB will not review these filings until they are submitted by the Applicant of Record.

Denial of Permits for False Statements, Work Without a Permit

Starting August 5, 2020, DOB will deny initial work permits to multiple dwellings that receive a summons for either:

• Submitting a false statement concerning occupancy status in Section 26 of the Plan/Work Application (PW1) form or
• Performing Work Without a Permit while the building was occupied

This permit restriction will remain in effect for one year from the summons date, if issued on or after December 5, 2019, the effective date of Local Law 114. The restriction can be removed before the one-year term if the Office of Administrative Trials and Hearings (OATH) dismisses the summons.

Affected properties will be flagged in the Property Profile as “LL114/19 Permit Restriction” in the Buildings Information System (BIS). The flag will include the end date for the restriction. Securing a permit on a flagged building will require both the applicant and the owner to sign a completed Local Law 114 of 2019 Request for Exception to Permit Denial form, which requires  documentation of one or more exceptions:

• The summons that resulted in the restriction was not based on a false statement about occupancy status on a PW1 form.
• The building was not occupied when the Work Without a Permit was performed.
• The permit is for a dwelling unit that is either owned as a condominium or held by a co-operative shareholder under a proprietary lease.
• Permit issuance is required to correct an outstanding construction or housing code violation or other applicable regulations.
• Permit issuance is necessary to perform work related to public health and safety.
• The permit affects a portion of the property occupied by a non-owner tenant who is not responsible for any existing property violations.
• The property was foreclosed and transferred by New York City to a third party, per section 11-412.1 of the Administrative Code.
• The property is the subject of a loan provided by the New York City Department of Housing Preservation & Development (HPD) or the New York City Housing Development Corporation (HDC) for rehabilitation, closed within the previous five years.
• The permit is required for implementation of an HPD or HDC program.

If you have questions or need assistance, please contact Metropolis Group at 212.233.6344.