New York City/HPD Alternative Enforcement Program ("AEP")
Under Local Law No. 29 of 2007 effective November 11, 2007, adding article ten to subchapter five of chapter two of title twenty-seven of the Administrative Code, the Department of Housing Preservation and Development ("HPD") will annually identify 200 "distressed buildings" for the AEP. After receipt of notice that a property is included in the AEP, the property owner has four months to correct 100% of the violations directly related to providing heat and hot water and no less than 80% of all Class "B" and "C" violations, to pay all outstanding charges for emergency repairs performed by HPD, and to submit to HPD a current and valid property registration statement. If the owner does not comply, HPD may hire a contractor and bill the owner for the repairs. Administrative Code Section 27-2153(q) provides that "[a]ll amounts for expenses incurred and fees imposed by the department pursuant to this article that remain unpaid by an owner shall constitute a debt recoverable from the owner and a lien upon the building and lot, and upon the rents and other income thereof". Information on this new program is posted at http://home2.nyc.gov/html/hpd/html/owners/aep.shtml