N.Y.C. Admin. Code § 28-105.1.3: § 28-105.1.3 Denial of permits for excessive violations.

The commissioner shall, no less than once every six months, compile a list of multiple dwellings that includes: (i) all multiple dwellings containing fewer than 35 units that have a ratio of open hazardous or immediately hazardous New York city housing maintenance code violations or immediately hazardous or major construction code violations that equal in the aggregate three or more such violations for every dwelling unit in such multiple dwelling; and (ii) all multiple dwellings containing 35 units or more that have a ratio of open hazardous or immediately hazardous New York city housing maintenance code violations or immediately hazardous or major construction code violations that equal in the aggregate two or more such violations for every dwelling unit in such multiple dwelling. The commissioner shall not issue permits for multiple dwellings on such list. If the owner of a multiple dwelling on such list corrects open hazardous or immediately hazardous New York city housing maintenance code violations or immediately hazardous or major construction code violations in such multiple dwelling so that the ratio of such violations to the number of dwelling units in such multiple dwelling falls below those outlined in this section, the commissioner shall remove such multiple dwelling from such list. Such denial shall not apply where a dwelling unit within such multiple dwelling is owned as a condominium or held by a shareholder of a cooperative corporation under a proprietary lease.

Exceptions:

1. Where the issuance of such permit is necessary to correct an outstanding violation of this code, the New York city housing maintenance code or any other applicable provisions of law or rule.

2. Where the issuance of such permit is necessary to perform work to protect public health and safety.

3. For a portion of a property occupied by a tenant who is not an owner of such property or responsible for any existing violations in such property.

4. Where a property was the subject of an in rem foreclosure judgment in favor of the city and was transferred by the city to a third party pursuant to section 11-412.1 of the administrative code.

5. Where a property is the subject of a court order appointing an administrator pursuant to article 7-A of the New York state real property actions and proceedings law in a case brought by the department of housing preservation and development.

6. Where a property is the subject of a loan provided by or through the department of housing preservation and development or the New York city housing development corporation for the purpose of rehabilitation that has closed within the five years preceding the application for such permit.

7. For a property where the department of housing preservation and development or the New York city housing development corporation notifies the commissioner that the permit is required in connection with the implementation of a program of such department or corporation.

(L.L. 2019/104, 6/8/2019, eff. 1/4/2020; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)