Local Law 18 of 2020 (Administrative Code §27-2033.1) mandates the Department of Housing Preservation and Development (HPD) to select 50 class A multiple dwellings with heat violations and heat-related complaints every two years for participation in a program requiring installation of internet capable temperature reporting devices (“heat sensors”). Owners of selected buildings will be required to install one heat sensor in one living room of each dwelling unit in the building by October 1st of the year in which the property is selected, unless tenants opt out. Failure by the owner to comply may result in the issuance of a hazardous violations.
HPD will conduct inspections during heat season (October 1st through May 31st) at least once every two weeks in buildings that are selected for participation, without receipt of complaints, for compliance with the heat requirements. These inspections may be discontinued where HPD finds consistent compliance by January 31st of the heat season.
Heat sensors can measure indoor air temperature and recording such temperature, along with the date and time of such reading. With the installation of heat sensors, such information will be accessible to property owners and tenants of the units in which the sensors are placed.
Class A multiple dwellings will be selected based on the number of heat violations Administrative Code §27-2028 and Administrative Code §27-2029 (a) placed over the preceding two years, and whether the department has received heat-related complaints from more than one dwelling unit.
No later than July 1, 2020, and every two years thereafter, HPD will select 50 Class A multiple dwellings and notify the respective owners and managing agents of their responsibilities and how to be discharged from the Heat Sensors Program.
Owners are required to notify all tenants by providing an opt-out form and posting a sign, within 15 days of the notice that they receive from HPD, on the building’s main entrance door, or another conspicuous location in a common area stating in English and Spanish:
Owners are required to:
Owners may not charge the tenant of a dwelling unit for the acquisition or installation of a heat sensor, nor for the replacement of such sensor where the replacement is due to wear or malfunction.
Tenants of each dwelling unit in a class A multiple dwelling in which a heat sensor was installed by the owner must:
Tenants of a dwelling unit in a class A multiple dwelling selected for installation of heat sensors have the option to refuse installation of a heat sensor in their dwelling unit. Tenants must provide the owner written confirmation of their decision to opt out of such installation.
Civil Penalties may be sought for:
HPD may impose an Inspection Fee of $200 if a third or subsequent inspection within a heat season results in a third or subsequent heat violation and if a third or subsequent inspection within a calendar year results in a third or subsequent hot water violation.
Owners of a class A multiple dwelling who are required to install heat sensors may apply to the department for discharge from the program in less than four years if the department did not issue any violation of during the immediately preceding, or if the owner has demonstrated to the department that they have taken permanent action to address the provision of heat for the next heat season.