Owners & Managers Rules & Regulations
New Rules & Regulations
Amendments to the Stormwater Penalty Schedule
Hearing August 15, 2022
The Department of Environmental Protection is promulgating rules that would amend the Stormwater Penalty Schedule to reflect recent changes to the rules governing management of construction and postconstruction stormwater sources.
Amendment of Highway Rules and Penalty Schedule
Rule status: Adopted
Effective date: August 19, 2022
Summary: The adopted rule updates various sections of the Highway Rules to clarify existing requirements and to establish various new inspection requirements. Additionally, pursuant to Local Law 5 of 2018, the maximum civil penalty amounts relating to street construction, maintenance, repairs, obstructions and closures were increased significantly, particularly where public safety is involved. Accordingly, DOT amended the Penalty Schedule to increase certain penalty amounts and establish new penalty amounts for violations adjudicated at the Office of Administrative Trials and Hearings. The increased and newly established penalties are expected to increase compliance with DOT’s rules and thereby promote public safety in the street construction and maintenance process.
Changes to Certificate of Fitness for Supervision of Battery Systems (B-29)
This is to notify you that the New York City Fire Department (FDNY) is no longer renewing/updating/reissuing the B-29 Certificate of Fitness (COF) for Supervision of Battery Systems and Other Related Equipment nor offering the B-29 COF exam.
Site Safety Managers, Site Safety Coordinators and Construction Superintendents
Rules & Regulations
2011 Department of Buildings, Building Code Review
March 29, 2011
Every three years, the New York City Construction Codes must be updated based upon the latest version of the International Code Council Codes (I-Codes). Starting in 2011, DOB organized a series of technical committees to review changes made in the 2009 I-Codes and determine how and if these changes should be incorporated into the New York City Construction Codes. The culimation of the code committee revisions resulted in the new 2013 New York City Building Code, which was voted on by the City Council on December 19, 2013 and was signed into law. The code is effective 6 months after the code became law, with one provision (the 3rd stairwell provision) effective 18 months after the code became law. The New York City Construction Codes consist of four technical volumes – the New York City Building Code (BC), Plumbing Code (PC), Mechanical Code (MC), and the Fuel Gas Code (FGC) – and one administrative volume – the Administrative Code (Title 28), which contains permitting, licensing, fees, and other provisions that apply universally to the four technical volumes.
2011 West Nile Virus Disease Prevention
May 5, 2011
New York City Department of Health and Mental Hygiene provides helpful information to help reduce mosquito breeding sites, eliminate standing water.
2014 Apartment Building Agreement between the Realty Advisory Board of Labor Relations and Local 32BJ, SEIU
May 20, 2014
The Realty Advisory Board and Local 32BJ, SEIU have reached an agreement on the terms of the 2014 Apartment Building Agreement, subject to ratification by the Union membership. The agreement provides for the continuation of the existing Agreement with modification outlined in this document.
Bad Actors Bill (Int. 379)
March 10, 2011
The New York City Council proposed the Bad Actor Bill in 2011. This is REBNY's response to that proposal.
Bicycle Parking in Garages and Parking Lots Summary (Int. 780A)
The operator of a garage or parking lot that holds 100 or more cars must provide parking spaces for bicycles.
Operators must provide 1 bicycle spot for ever 10 car spots up to 200 car spots, and 1 spot for every 100 car spots after. Each spot shall have an area of 2 by 3 by 6 feet. Bicycles must be protected from damage by a physical barrier. Operators may charge for the storage of bicycles and must post the schedule of fees at the entrance.
Operators may be exempted from the bicycle parking requirement if complying would violate zoning regulations by applying to the DOB. The Commissioner will review the request and grant or deny the waiver.
This law will take effect on or about November 11, 2009.
By November 11, 2011, operators with a capacity of 51 or more cars also must provide parking spaces for bicycles.
Read the legislation:
Bicycle Access Bill in Office Buildings (Int. 871A)
This bill requires office buildings that have a freight elevator to allow bicycles into their buildings if a tenant or subtenant requests that the building complete a bicycle access plan.
If a tenant requests access, the building must put the bicycle access plan into effect within 30 days. The bicycle access plan will include entrances, route to the freight elevator, and route to the bicycle parking area, if one exists. Bicycle access must only be provided during the normal operating hours of the freight elevator.
If your freight elevator is not available for the use of bicycles because using it would be unsafe, you may apply to the DOT for an exception. The DOB will inspect and verify that the area is unsafe and grant an exception.
If there is covered off-street or no-cost secure indoor parking within 3 blocks (750 ft.), the building can ask for an exception to the access requirement. Buildings may partner with neighboring buildings in order to provide indoor bicycle parking.
If the exception is denied, the building must create a bicycle access plan within 20 days.
This bill will take effect on December 11, 2009.
Environmental Cleanup & Brownfields
DEC's mission to promote and regulate environmental cleanup and safe brownfield redevelopment is accomplished through programs of the Division of Environmental Remediation.
Please click here for more information.
By-Laws of the Brokerage Divisions, Management Division, Owners & Builders Division, And Institutional Owners & Investors Division
The Real Estate Board of New York Inc.*
The By-Laws for the five divisions noted above are identical with the exception of Article 1, Section 3, Article II, Sections 1. 2 and 3, Article 111, Section 3.
March 14, 2019
Section 1. Annual Meeting. The Annual meeting of the members (of each of the above divisions) for the election of Directors and for the election of a Chairperson and Vice-Chairperson of the Board of Directors and for the transaction of such other business as may properly come before it shall be held in each year at such hour and at such place as shall be fixed by the Board of Directors.
Section 2. Quorum. Voting members in good standing entitled to cast the lesser of (i) one hundred (100) votes or (ii) one-tenth of the total number of votes entitles to be cast, present in person or by proxy at any regular or special meeting of the Division, shall constitute a quorum.
Section 3. Special Meetings. Special meetings of the members of the Division shall be held at such time and place as the Board of Directors, or a majority thereof, or the Chairperson of the Board may elect. It shall be the duty of the Chairperson of the Board of Directors to call such meetings whenever requested to do so in writing by twenty-five Division members entitled to vote at such meetings for the Commercial Brokerage and Management Divisions, by fifteen members for the Residential Brokerage Division, and by ten members for the Owners & Builders and Institutional Owners & Investors Divisions. Notice of such meetings shall specify the purpose(s) thereof and no other business than that specified in such notice shall be considered at any such meeting.
Section 4. Notice of Meetings. A written notice of each annual or special meeting of the members, stating the time, place and purpose of such meeting, shall be mailed not less than ten days before any such annual or special meeting to each member of the Division entitled to vote there at. Any member may, at any time, in writing to that effect, waive any notice of any such meeting whether such waiver be signed before or after such meeting.
Section 5. Voting. At all meetings of members of the Division Broker A and B, Appraiser A, Management A and B, Owner A, B, C, D, E and Institutional Owner & Investor Members shall be entitled to voice and vote at meetings of the Division either in person or by proxy provided he shall be a member in good standing of both The Real Estate Board of New York, Inc., and of this Division.
Section 6. Proxies. Any member of the Division entitled to vote may be represented at any regular or special meeting of members by proxy. All proxies shall be written and properly signed but shall require no other attestation and shall be filed with the secretary of the meeting before being voted.
Section 7. Officers of Meetings. The Vice-President of the Board representing the Division shall preside at all meetings of the members. In his absence the Chairperson of the Board of Directors (if he be a different person) shall preside and in the absence of said Chairperson the Vice-Chairperson of the Board of Directors shall preside. If no one of the foregoing is at the meeting the members present in person shall elect a temporary chairman.
Section 8. Order of Business. The order of business at the annual meeting of the members shall be as follows:1. Roll Call2. Proof of notice of meeting or waiver of notice.3. Reading of minutes of preceding meeting.4. Report of officers.5. Election of Directors.6. New and unfinished business.
Section 1. Number, Term of Office, Etc. The Directors of the Residential Brokerage Division shall consist of fifteen (15) Broker A or B members (one member at large), Residential Brokerage Division member firm, elected by Broker A and B Residential Brokerage Division members (as prescribed in Section iv). No more than six (6) shall be elected at each annual meeting to serve for a period of three (3) years beginning on the first day of January following the year in which they are elected and until their successors are elected. Any vacancy occurring in the Board of Directors shall be filled for the unexpired term by a majority vote of the remaining Directors. The Residential Board of Directors of the Residential Brokerage Division may decide to expand the membership to 17, as needed. 2013 Revised.
The Directors of the Commercial Brokerage Division shall consist of up to 18 voting members in good standing. The Directors of the Owners & Builders Division and Institutional Owners & Investors Division shall consist of up to twenty-four (24) voting members in good standing. The Directors of the Management Division shall consist of up to twenty-seven (27) voting members in good standing. Good standing means attendance at no less than all regularly scheduled meetings in a calendar year less two excused absences with additional excused absences determined by circumstances. Eight (8) shall be elected at each annual meeting to serve for a period of three (3) years beginning on the first day of January following the year in which they are elected and until their successors are elected; however, eight (8) Management Division Board of Director members shall be elected at each annual meeting. Any vacancy occurring in the Board of Directors shall be filled for the unexpired term by a majority vote of the remaining Directors. No Director who has served the full term of three (3) years, other than an officer, shall be eligible for reelection as a Director until the lapse of one (1) year after the expiration of his term.
Section 2. Duties and Powers. The Board of Directors shall have control and management of the affairs of the Division, and subject to the provisions of the Constitution of The Real Estate Board of New York, Inc., and subject to the Board of Governors thereof, and subject to the provisions of these By-Laws, shall exercise all such powers and do all such acts and things necessary or advisable or expedient in the control and management thereof. The Directors may adopt such rules and regulations for the conduct of their meetings and the management of the affairs of the Division as they deem proper, and not inconsistent with the foregoing provisions.
Except for the Residential Brokerage Division, the Board of Directors in each fiscal year following the annual meeting of the members of the Division, at any regular or special meeting of the Board of Directors (but at a meeting held not later than the ensuing third Tuesday of April) shall appoint a Nominating Committee consisting of three voting members of the Division whose duties shall be to make nominations to the voting members for Directors of the Division to be elected at the annual meeting of the Division to serve for three years, and for Chairperson and Vice-Chairperson of the Board of Directors to serve for one year, all from the first day in January following the year in which they are elected. The Committee’s report shall be made in writing and submitted to the voting members not less than ten days prior to the annual meeting. An independent qualified candidate receiving the written endorsement of at least ten voting members shall be eligible for election provided his name be mailed to the voting members at least five days prior to such annual meeting. In addition to the foregoing duties, the Nominating Committee shall also submit to the Board of Directors for its consideration at its June meeting the names of other members that the Directors may recommend to the Chairperson of The Real Estate Board as their nominees for the Board of Governors. The Directors shall act upon such report at the same meeting and transmit their findings forthwith to the Chairperson of the Real Estate Board. The Residential Brokerage Division will develop a slate of all eligible candidates for election by the voting members at the annual meeting.
The Board of Directors shall recommend through the Vice President of the Division the creation by the Board of Governors of such Committees as in their judgment are advisable or necessary to carry on the functions of the Division. After the same have been created the Board of Directors shall appoint the members thereof and vest such Committees with such duties and powers as they may determine and empower them to make their own rules and regulations for the running of their affairs including, but not limited to, the fixation of a quorum for the transaction of business except that, in the case of a committee of six or more members such quorum shall not be less than 20% of the members and in the case of a committee of less than six members such quorum shall not be less than a majority of the members.
Section 3. Meetings of the Board of Directors shall be held at the office of The Real Estate Board of New York, Inc., 570 Lexington Avenue, New York City, or at any other place which the Chairperson of the Board or a majority of the Board of Directors may from time to time designate. The Chairperson shall call a meeting of the Board of Directors whenever requested in writing by five Directors to do so. Three day’s notice shall be given to each director of each meeting of the Board of Directors. Such notice may be given by mail, facsimile, e-mail, telephone or in person. The Board of Directors may meet to transact business at any time and place without notice, provided every member of the Board shall be present or that any member not present shall waive notice of such meeting in writing. Eight (8) Directors of the Residential Brokerage Division shall constitute a quorum. Eight (8) Directors of the Commercial Brokerage Division, Management Division, Owners & Builders Division and Institutional Owners & Investors Division shall constitute a quorum. Any number of Directors may adjourn any meeting from time to time until a quorum shall be present. All questions before the Board of Directors shall be determined and decided by a majority vote of those who are present at the meeting.
Section 1. Chairperson of the Board. The Chairperson of the Board shall preside at all meetings of the Board of Directors and shall perform all duties commonly incident to his office.
Section 2. Vice Chairperson. The Vice-Chairperson shall have and exercise all the powers and duties of the Chairperson of the Board in case of his/her absence or inability to act and shall perform such other duties as shall be prescribed by the Board of Directors.
Section 3. Co-Chairpersons. The Residential Brokerage Division shall have two (2) co-chairpersons elected by the Directors for staggered terms.
Section 4. Duties and additional officers. Every officer shall perform such duties as the Board of Directors may from time to time require and the Board of Directors may likewise appoint such other officers as may in its discretion be necessary for the transaction of the business of the Division with such powers and duties as it may confer and impose. Should any vacancy occur among the officers by death, resignation or otherwise, the same shall be filled by the Board of Directors by a majority vote at any regular or special meeting.
These By-Laws may be amended, altered, repealed or added to in any manner not inconsistent with the Constitution of The Real Estate Board of New York, Inc. by the affirmative vote of a majority of the voting members who are present in person or by proxy at any annual or special meeting of the Division, provided that the provisions to be amended, altered, repealed or added to, are set forth in the official call for the annual meeting, or a special meeting. * Amended 2004* Amended 2011
Cooling Tower Regulations
August 18, 2015
Both the City and State have passed separate legislation and regulations regarding cooling towers. The State Department of Health passed emergency regulations on Monday, August 17th, and the Mayor signed legislation into law on Tuesday, August 18th.
Each of these have separate requirements and all buildings with cooling towers must comply with both laws, which include registering, testing, and reporting on cooling towers with both the City Department of Buildings and the State Department of Health. Please read each set of requirements carefully to insure that your building is complying. The penalties for non-compliance may be substantial.
Below is a summary of each of the requirements. The full laws will have more specific information.
City: The owner of a cooling tower is required to register the equipment within 30 days from August 18th.
State: The owner of a cooling tower is required to register the equipment within 30 days from August 17th.
City: All cooling towers must be inspected, including visually, for the presence of microbes within 14 days of the City order dated August 6th. All cooling towers and associated equipment must be inspected every at least as frequently as every three months during periods of the year such cooling towers are in use.
State: All cooling towers shall be tested by obtaining bacteriological culture samples and analysis (dip slides or heterotrophic plate counts) to assess microbiological activity within 30 of August 17th and at intervals not exceeding 90 days while the tower is in use.
Creation of a Maintenance and Operation Plan
City: The owner of the building with the cooling tower is responsible for developing and implementing a maintenance program and plan that is in accordance with sections 5, 6, and 7.2 of ASHRAE 188-2015 on or before March 1, 2016.
State: The owner of the premises with the cooling tower is responsible for developing and implementing a maintenance program and plan that is in accordance with sections 7.2 of ASHRAE 188-2015 by March 1, 2016.
Cleaning and Disinfection
City: All cooling towers that are shut down for more than 5 days shall be cleaned and disinfected under the supervision of a qualified person within 15 days before the use of such tower.
State: All owners shall ensure that all cooling towers are cleaned and disinfected when shut down for more than 5 days.
City: The owner or operator of a cooling tower shall file a certification with the City Department of Health each year that such cooling tower was inspected, tested, cleaned and disinfected in compliance of the City Health Code by November 1, 2016 and every November 1 thereafter.
State: Each year the owner of a cooling tower shall file a certification with the State Department of Health that such cooling tower was inspected, tested, cleaned and disinfected in compliance of the State Health Code that the condition of the cooling tower is appropriate for its intended use with a required maintenance plan by November 1, 2016 and every November 1 thereafter.
Both the City and State require records maintained for at least 3 years on site and made available upon immediate request.
Presence of Microbes
City: If test results are indicative of maintenance deficiency requiring mitigation the owner of the building shall clean and disinfect the cooling tower within 48 hours. If test results are indicative of a serious health threat, the owner of the building shall (1) notify the department and (2) clean and disinfect the cooling tower within 24 hours. Rules governing notification, cleaning and disinfection will be developed by the City Health Department.
The Department of Health and Mental Hygiene released a Building Owner FAQ Sheet to clarify the Citywide Order for buildings with cooling towers outside of the South Bronx.
The new FAQ sheet provides useful information to facilitate compliance, and, as we've shared previously, the FAQ sheet confirms that:
The term “evaluate” includes visual inspections. If a visual assessment does not find evidence of contamination (i.e. the presence of organic material, biofilm, and algae), then sampling and laboratory testing are not necessarily required;
The term "disinfect" refers to the required application of sufficient levels of biocides to maintain water that is free of hazardous levels of bacteria;
Towers inspected and disinfected between 7/8/15 and 8/6/15 do not require additional remedial action; and
All vendors and environmental consultants with knowledge and experience using ASHRAE 188P and CTI WTB-148 are qualified to supervise the required actions.
Contact Ricky Wong (347-396-4059), DOMHM’s Director of Community Affairs, should you have any questions
On April 19, 2012
The Bloomberg Administration through the Department of Buildings published the final administrative rule pertaining to the training and licensing of Class A and Class B crane operators. This rule change will modernize the system by moving to a national crane certification. The rule requires a minimum of 3 years of experience with at least 1 of those years required in New York City or a minimum of 10 years of experience with at least 7 years in a comparable dense urban environment.
The REBNY membership has been a leader on this proposal, and without our continued efforts and advocacy, this proposal may not have passed, or may have been modified until rendered ineffective. When fully implemented, this new system will lead to a safe environment for construction workers and New York City. Although this proposal was clearly the right thing to do, it was a met with a great deal of opposition by those who are adverse to change. I am proud that we continue to be an organization that champions innovation and is at the forefront of sensible reform.
Disclosure of Square Footage Estimates to Potential Buyers
We all know that buyers of apartments and townhouses in New York City often look to the approximate square footage of a property as a measurement for a property's value. Indeed, often one of the key factors for a buyer in their decision to purchase is a calculation of the cost or price-per-square foot of an apartment or townhouse.
It is important to keep in mind, however, that the approximate square footage of an apartment is often just that–an approximation. Different appraisers or professionals may use different methods or standards in coming up with their square footage figures. Some will determine square footage of an apartment by measuring the space between the interior walls, including bathrooms, closets and foyers, while others may use exterior walls or other benchmarks. Some will include unusable floor area such as columns, mechanical pipe shafts and chases in their calculations. Moreover, many Manhattan apartments, including pre-war buildings, often have hard-to-measure elements like oddly shaped rooms, removed walls, or even turrets or alcoves. This is especially true for many of New York City's oldest and most prestigious residences.
In addition, while many cooperative apartment buildings may have filed floor plans with the Attorney General's office as part of their offering plans, those floor plans may not be up to date.Condominium offering plans also include floor plans and meas urements, but developers often use different methods for measuring the square footage of their respective units. For example, some will include hallways or foyers or bathrooms in their square footage figures, others will not. Offering plans will only tell you the approximate square footage and the method used to measure it by the developer at the time of construction or conversion. Plans will not tell you how the square footage is measured at the time of a resale.
All of this calls into question the potential reliability of square footage measurements, which are often included in exclusive listings transmitted over the RLS.
The Board of Directors of the Residential Brokerage Division believes that it is important that all brokers and salespersons make clear to potential purchasers that all square footage measurements that are provided through the RLS are usually just estimates, and are not certified or deemed reliable by either the listing firm or a participating co-broker. In addition, a buyer determined to have a square footage measurement should consult or retain their own professional, and have that professional explain the methodology for the measurement. Moreover, all firms should include some sort of disclaimer on the materials they provide to their buyers that all square footage estimates are not to be relied upon, and are certainly not verified or certified accurate by the brokerage firm.
June 11, 2015
As of January 2015, it is illegal for New Yorkers to discard electronics in the trash. The City has developed the e-cycleNYC program to assist residential buildings in complying with the law. As part of the program, the Department of Sanitation has engaged Electronic Recyclers International, Inc. (ERI) to perform residential e-cycle pick ups, through the use of bins or scheduled pick ups.Any participating residential building will be required to sign a Site Sponsor Agreement. There is no cost to participate in the program, but given that this involves a third party placing its property in the building, there are legal issues that should be considered. The REBNY Residential Management Council and its legal team have reviewed the terms of the Agreement with the Department of Sanitation and ERI, and they agreed to incorporate changes recommended by REBNY.
EPA Rules Governing Lead Paint
April 12, 2010
COMPLYING WITHFEDERALLEAD-BASEDPAINTRENOVATION, REPAIR AND PAINTING (RRP) EPA RULES
Regulations for Pre-1978 Properties:
As of April 22nd,2010, owners of market-rate properties built before 1978 willhave to comply with EPAlead safety regulations that govern common renovationand repair activities. (Age-restricted properties,properties with no children occupying them and properties that have been certified to be free oflead-based paint by a state inspector are exempt from the RRP regulations.)
Under the regulations, if renovation or repair work undertaken on a coveredproperty disturbs morethan six square feet of surface area for interiorwork or 20 square feet for exterior work, the work mustbe carried outby a trained and certified renovator.
Renovation includes but it is not limited to: the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity such as sanding, scraping, or other such activities that may generate paint dust, weatherization projects, and interim controls that disturb painted surfaces.
In addition, residents must be notified and provided with a copy of an EPA pamphlet, Renovate Right: Important Lead Hazard Information for Families,Child Care Providers, and Schools.(This is a different pamphlet than the EPA'sProtect Your Family pamphlet that owners are required to provideto residentsat the time of lease signing.) After December 2008, only the new pamphlet may be distributed. It isavailable throughhttp://www.epa.gov/lead/pubs/renovaterightbrochurebw.pdf. There are alsorecordkeepingrequirements imposed on owners or the third-party contractors theyhire to undertakework covered by the regulations.
Importantly, the RRP rules expand existing Lead Safe Housing (LSH) rules that has imposedcomparable—but not identical—compliance obligationson pre-1978 properties that receive federal assistance, including Section 8 vouchers. Under the RRP rules, federally assisted properties must comply with the more stringent elements of both the LSH and RRP regulations.
Firms that use third party contractors should consider including language in their contracts indicating that contractors must comply with all existing federal, state and local regulations.Certified renovatorsmust be accredited by EPA in order to conduct renovation work and must follow certain safe workpractices, verification, and recordkeeping.
For NYC property owners and managers:
The City's Local Law 1 of 2004 presumes the presence of lead-based paint in buildings built before1960 so the City law covers fewer buildings than the RRP rule does. Also, the City law contains anexemption for owner-occupied condominium units, while the RRP does not. The RRP rule does not apply to studio apartments, but the NYC law does. Both the RRP rule and the City law provides an exemption for owners who have proven the building or certain components of it are lead-free and both require some kind of notice to tenants.
Federal Tax Issues
Letter to Senate Committee on Finance
Floor Measurement in Office Buildings
March 6, 2018
RECOMMENDED METHOD OF FLOOR MEASUREMENT FOR OFFICE BUILDINGS
Effective January 1, 1987; revised December, 2003
In order to facilitate a comparison of the cost of space among buildings, The Real Estate Board of New York, Inc. recommends that owners use a standard definition of usable area and that they clearly explain how rentable area is calculated based upon such usable area. Architectural plans and calculations should be made available to the tenant if requested.
The Real Estate Board of New York, Inc. recommends the following definitions and methods as the Standard Method of Floor Measurements in office buildings. Any Board member who advertises office space for rent is expected to follow these guidelines in determining any rentable area count mentioned in the advertisement.
Because of dissimilarities among buildings, calculations of rentable area may vary. If requested, owners should disclose to prospective tenants the loss factor used for spaces under consideration.
USABLE AREA, SINGLE TENANT FLOORS:
Measure the floor to the outside surface of the building. Subtract from this area the following, including the nominal four inch enclosing walls:
Public elevator shafts and elevator machines and their enclosing walls.
Public stairs and their enclosing walls.
Heating, ventilating, and air-conditioning facilities (including pipes, ducts and shafts) and their enclosing walls, unless such equipment, mechanical room space, or shafts serve the floor in question.
Fire towers and fire tower courts and their enclosing walls.
Main telephone equipment rooms and main electric switchgear rooms, except that telephone equipment, and electric switchgear rooms serving the floor exclusively shall not be subtracted.
USABLE AREA, MULTIPLE TENANT FLOOR:
First, calculate the usable area as if for a single tenant floor.
Then deduct corridor areas, including toilets, supply room, etc., but do not deduct the enclosing walls of such corridor.
Measure the net usable area of each space on the floor by measuring each enclosing wall which is a building exterior wall to the outside surface of the exterior wall, or to the outside surface of the glass as the case may be. Measure demising walls to the center and walls which abut corridors to the corridor side of the finished surface of the corridor wall.
To determine the usable area on a multiple tenant floor, apportion the corridor area to each space by multiplying the corridor area by a fraction, whose numerator is the net usable area of the space and whose denominator is the total of the net usable areas of all the spaces on the floor, and add the result to the net usable area of the space.
BELOW-GRADE, CELLAR AND SUB-CELLAR SPACE:
To determine the usable area of below grade, cellar and sub-cellar areas, follow the same procedures as are appropriate for single or multiple tenant floors except that the following additional areas should be deducted from usable area:
Machine rooms and pump rooms and their enclosing walls.
Electric switchgear rooms and their enclosing walls.
Telephone equipment rooms and their enclosing walls.
All space devoted to servicing the operation of the building, i.e., cleaning contractors, storage, building maintenance shop, building engineer's office, etc.
RECOMMENDED METHOD OF FLOOR MEASUREMENT FOR STORES:
The rentable area of a store shall be computed by measuring from the building line in the case of street frontages, and from the inside surface of the outer building walls to the finished surface of the corridor side of the corridor partition and from the center of the partitions that separate the premises from adjoining rentable area.
No deductions shall be made for column and projections necessary to the building.
Rentable area of a store shall include all area within the outside walls, less the following, with their enclosing walls, if serving more than one tenant: building stairs, fire towers, elevator shafts, flues, vents, stacks, pipe shafts and vertical ducts.
The following area shall be included in rentable area, if such areas exclusively serve a store, together with their enclosing walls: private stairs, private elevators, toilets, air conditioning facilities, janitors' closets, slop sinks, electrical closets and telephone closets. When air conditioning facilities serve more than one tenant area, they shall be apportioned in the same manner as that used for single tenancy floors.
Where a store fronts on a plaza or arcade which is intended for use by the general public and is not for the exclusive use of the store tenant, its customers, etc., the area of the plaza or arcade shall not be included in determining the rentable area of the store.
April 5, 2011
The first commercial Green Lease was signed. The lease creates incentives for the greening of commercial property by splitting the savings of green technology investment between building owners and tenants. While it may seem dry it is a great step forward for the "greening" of NYC spaces.
Guidelines for Carbon Monoxide Detector Laws
September 7, 2012
The Real Estate Board of New York’s (REBNY) Residential Management Council (RMC), in a continuing effort to educate management companies on regulations and issues facing the entire industry, has created a guide to help building owners and managers comply with laws governing the use of carbon monoxide (CO) detectors in their properties.
Healthcare Tax on Realized Gains
August 22, 2012
On January 1, 2013, a new 3.8% Federal tax on the investment income of individuals, estates, and trusts is scheduled to come into force. The tax was enacted in 2010 as part of the Administration's health care legislation, and there is of course some political uncertainty regarding whether Congress will amend or repeal it before it comes into effect. For the time being, though, we need to be prepared for this new tax that will be imposed on interest, dividends, annuities, royalties, rents, capital gains, and certain other items. The tax will be in addition to all otherwise applicable Federal, state, and local income, transfer, and other taxes.This memorandum focuses on the tax's application to owner-occupied residential property (including single-family homes, condominiums, and cooperative apartments).1 Although the tax is complicated, here are a few simple rules to guide you and your clients:
In general, if an individual's home is sold, the 3.8% tax will be imposed on the gain "recognized" by the seller (and not on the gross purchase price).
As you are aware, a limited portion of an individual's gain on the sale of a primary residence (generally, $250,000 for a single individual, and $500,000 on a joint return) may not be taxable for ordinary Federal income tax purposes. The same rule applies for purposes of the new tax.
If the seller's "adjusted gross income" (with certain modifications) is below specified levels (generally, $200,000 for a single individual, or $250,000 on a joint return), the seller may be exempt from the new tax.
We hope that this general guidance is helpful to you. However, each seller should consult with a qualified tax advisor to determine the application of the new tax, as well as the application of all other tax rules, to the seller's particular circumstances.
Local Law 2 of 2010 is now in effect, requiring all owners and managing agents of rentals to disclose to potential tenants if they will be subject to a tenant screening report, and, if so, where it is obtained from and how the applicant could get a copy. You will also have to post a sign in your rental offices. Buildings with 5 or fewer units for rent or leasing are not subject to these requirements.
Your application must contain the following language and the authorization must be:
Immediately adjacent to where personal information is requested,
Set off in a box, and
Printed in a contrasting color.
Incorporation Transparency and Law Enforcement Assistance Act (S.1483)
July 16, 2012
The goal of the bill Transparency and Law Enforcement Assistance Act is to combat money laundering by having non-public companies disclose all of their beneficial owners. However, the bill fails to achieve its intended purpose and ignores existing systems that would allow law enforcement to access the needed information without placing new regulatory burdens on businesses. The bill as drafted:
Creates a new regulatory system that would require every business entity in the United States to file the beneficial ownership information or a stated exemption with the state that the business is domiciled in. These regulatory filings would have to be constantly updated and a failure to do so or file would constitute a federal crime with a prison term and/or fine. This is a new and onerous burden that would create new costs upon businesses;
Uses an overly broad definition of beneficial owner that includes entities such as trusts, venture capital interests, lien holders, accounts receivable, any entity that has an economic interest in the business;
Under right to know laws in over 35 states this information will be publicly disclosed; and
The bill creates an undue burden upon new entrepreneurs and start-ups since venture capital and angel investors often do not want to disclose their investments;
Local Law 26 - Building Sprinklerization Compliance
August 1, 2011
The 7-Year Report regarding Sprinklerization Progress is due July 1st, 2011. As part of Local Law 26 of 2004, owners of commercial office buildings 100ft or taller must completely sprinkler their buildings by July 1, 2019. This 7-Year Report is to inform the Department of Buildings (DOB) of your progress so far and your plans to completely sprinkler the building in compliance with the timelines in the law.
Subsequent to issuing Bulletin 2011-016, DOB needed to correct and add certain section numbers in the bulletin. The substantive content of the bulletin remains unchanged. Technical Bulletin 2011-019 replaces Bulletin 2011-016 to clarify the exceptions for existing buildings subject to the retroactive sprinkler requirements of Local Law 26 of 2004:
Mechanic's Wage Scale 2008-2014
June 29, 2012
Changes in the wage scale for the six year period 2008-2014 Collective bargaining Agreement between the Insulation Contractors Association of New York City Inc., the Independent Insulation Contractor and the International Association of Heat and Frost Insulators of Local 12.
Proper Marketing of Bedrooms and Other Rooms in a Dwelling Frequently Asked Questions
How brokers and agents describe a dwelling's size and characteristics in the REBNY Listing Service is a critical part of marketing that exclusive propert y. These descriptions must be accurate. Exaggerating the listing's size by inflating how many rooms may be used as bedrooms both frustrates customers and reflects poorly on the brokers or agents working with them. It is also illegal. Consequently, all real estate professionals must have a basic understanding of the definitions and requirements that govern the various types of rooms in New York City's apartments.
Protests and Demonstrations Rules from the NYPD
The Bill of Rights of the United States Constitution, 1st Amendment states: Congress Shall Make No Law Prohibiting Freedom of Speech; or The Right of the People Peaceably to Assemble. However, notification to the local Police Precinct of occurrence is requested.
Site Safety Managers for Facade Work
April 1, 2011
Assistant Commissioner Santulli discussed the draft bulletin regarding Site Safety Managers (SSM) and Site Safety Plans (SSP), and the area the Department of Buildings wanted to clarify by publishing the bulletin. We are asking REBNY members to take a look and provide input. For more information please contact Angela Pinsky at 212-616-5233 or firstname.lastname@example.org.
Special Enhanced Commercial District - Upper West Side Neighborhood Retail Streets
May 23, 2012
A new Upper West Side Zoning resolution intended to limit the size of store frontage that a single tenant can occupy. REBNY has worked with the Department of City Planning on behalf of the business community and real estate owners to improve the resolution and avoid negative economic consequences. REBNY believes that the below modifications to the proposed zoning change along with the Department of City Planning's commitments to limit the applicability to the Upper West Side are responsive to many of the issues raised by business and property owners. REBNY appreciate the responsiveness of Chair Amanda Burden and her staff at DCP to work cooperatively to mitigate the proposal's adverse impact. We will continue to work with City Planning and the City Council as this proposal is refined.On April 23rd, 2012 the New York City Department of City Planning staff presented several modifications to the Upper West Side Zoning resolution at the Commission's Review Session. Here is a summary of what was said:
Lobby widths along Columbus and Amsterdam be permitted up to 25'.
All non-conforming spaces that exist at the time of adoption will be grandfathered. DCP confirmed that these spaces may be subdivided later into additional non-conforming stores - e.g., a 100' storefront could be subdivided into two spaces measuring 50' and 50'.
Projects in the pipeline at the time of adoption will be grandfathered. DCP is working on text to define this concept, but expects it will capture projects where DOB permits have been pulled and/or leases have been signed, and work can be completed within 6 months.
The Chair’s Certification to waive frontage regulations for landmarked buildings upon receipt of a Certificate of Appropriateness is no longer included in the proposal, but existing frontages in excess of 40’ will be grandfathered in perpetuity, removing any potential that a landmarked building would be forced to subdivide frontage after an extended vacancy.
A new Chair's Certification will be created to provide an opportunity for existing businesses to expand. This would work as follows: A business that has been in place for at least one year and that wishes to expand up to 60' would show that it is unable to expand upstairs, downstairs or around the back, AND demonstrate that there is not more than one establishment greater than 40' on the same block, across the street, or on the adjacent blockfronts. DCP estimates that approximately one half of the blocks in the zoning area would be eligible for an expanded store under this framework, and is working on a checklist of requirements that the business would have to demonstrate. Note that this Certification would NOT be available to banks.
The text will be amended to clarify that all authorizations and certifications under the zoning will include a role for the Community Board
The modifications will be drafted as zoning text and sent to the Commissioners for their review. There were some questions from the Commissioners but they seemed to be supportive, particularly Anna Levin who noted that she had been uncertain about the proposal but was now happy to support it.
Sprinkler and Standpipe Legislation
January 27, 2010
The Department of Buildings is implementing legislation impacting all buildings with sprinklers and standpipes, as well as demolition operations and new construction. These bills were a result of the fire at 130 Liberty Street. The attached flyer from the Department outlines the new requirements. Note that existing buildings are required to paint all valve handles by June 2, 2010 and maintain certification on file at the building that it has been done. Certification forms will be posted on the Department's website by March 1, 2010, http://www.nyc.gov/buildings.
Download the Testimony
Council of New York Cooperatives & Condominiums Discrimination is prohibited in Board admissions procedures under the following laws:
The Federal Fair Housing Act
The Civil Rights Act
The New York State and New York City Human Rights Laws
The New York City Human Rights Law provides that it is unlawful to refuse to sell, rent, lease, approve the sale, rental or lease or otherwise deny a housing accommodation based on actual or perceived race, creed, color, national origin, gender (including gender identity), age, disability, sexual orientation, partnership status, or alienage or citizenship status or because children are, may be, or would be residing in the accommodation. Where a housing accommodation or an interest is sought or occupied exclusively for residential purposes, the provisions shall be construed to prohibit discrimination in the sale, rental, or leasing of such housing accommodation or interest on account of a person’s occupation. Complaints may be filed within one year of an unlawful discriminatory act at the Law Enforcement Bureau of the City’s Commission on Human Rights.
The New York State Human Rights Law provides that it is unlawful to refuse to sell, rent, lease or otherwise deny a housing accommodation on the basis of race, creed, color, national origin, sex, age, disability, sexual orientation, military status, marital status, or familial status. Complaints may be filed within one year of an unlawful discriminatory act to the New York State Division of Human Rights or within three years of an unlawful discriminatory act in State Court. Complaints may not be filed with both the Division and the Court.
The Federal Fair Housing Act prohibits discrimination in housing practices on the basis of race, color, religion, sex, handicap, familial status, or national origin. Individuals who believe they have been victims of an illegal housing practice may file a complaint within one year of the unlawful discriminatory act with the Department of Housing and Urban Development (HUD) or file their own lawsuit in federal or state court. The Department of Justice brings suit on behalf of individuals based on referrals from HUD.
The Civil Rights Act provides that all citizens of the United States shall have the same right to inherit, purchase, lease, sell, hold, and convey real and personal property. The law concerns the rights of all persons to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property. Complaints may be filed with the Office for Civil Rights.
Action on Federal Terrorism Insurance Legislation
Terrorism Risk Insurance Act of 2002
Terrorism Risk Insurance Program - U.S. Treasury
The New York State Department of Insurance has issued guidance to the insurance industry on the Federal Terrorism Risk Insurance Act of 2002.
Legislation to be signed by President Bush on November 26th.
Terrorism Backup Insurance Legislation Passes Congress.
President Bush will sign the bill into law as early as next week.
Federal Legislation to provide backup terrorism Insurance coverage for large properties is needed now.
Deborah B. Beck, REBNY's Executive Vice President testified on behalf of the real estate industry's need for government back up terrorism insurance coverage before the House Financial Services Committee Subcommittee on Oversight and Investigations on February 27, 2002. The attachments below contain her brief oral testimony, the report she submitted as part of her testimony during the hearing on the impact of collection of taxes by the city and state of New York, and the detailed written testimony that was also entered in the Congressional record.
prepared by Cushman& Wakefield's Financial Services Group
Members are reminded to contact key members of the Senate on the urgency of this problem. The Senate has yet to act and until they do, nothing will happen. See
Several members of REBNY's task force on terrorism insurance provided input to a General Accounting Office report. The GAO is an arm of the Congress. The report supports REBNY's contention that this is a crisis that should be addressed now.
Transition Procedures of the Residential Management Council
December 18, 2015
The Residential Management Council has adopted the following guidelines and procedures for transition of a cooperative or condominium building from one managing agent to another.
I. Files shall be kept in and turned over in good order. Files shall be labeled.
II. Both the outgoing and the incoming firms shall name one contact person to serve as the liaison for transition purposes.
III. Documents to be transferred are listed below. The time frames for transfer are as follows:
Immediately: The documents marked with an * are to be transferred immediately upon receipt of the termination letter.
Additionally, a transfer letter from the outgoing agent should be sent immediately to the payroll agent (if an outside agency) authorizing the transfer of the accounts and payroll records.
Five to ten days before the actual transition:
The balance of the documents shall be transferred to the new managing agent.
“Cash balances available for transfer” means cash in the account less outstanding checks, balance for payroll, mortgage payment (if authorized) and a reserve fund of $2500.
Within 60 days:
Final bank reconciliation, final cash balance, final month’s management statement, and payments, miscellaneous or relevant documents.
The new agent shall prepare a Report to the Board and the transferring agent as what documents are missing. This should be attached to the minutes.
TRANSITION DOCUMENT LIST
Payment Book/Monthly Payments
Name and Address of Lender
Pending Legal Matters
Corporate Stock Book/Seal
Certificate of Incorporation
Conversion Closing Binder (if applicable)
Name/Address of FirmFederal/State/Sales Tax Returns
Audited Annual Reports/Budget
Real Estate Tax/Water Bill
NYC Real Property Tax Abatement Filings
Employees Earning Records
Union Wage Contract
Forms 940 and 941
Unemployment Insurance Returns
Social Security Tax Returns
Copies of W-4 Forms
* Federal ID number
Inventory of Building Supplies
Certificate of Occupancy
Commercial/Store/Garage LeasesWater Meter Numbers
Name of Architect & Engineers
Board Policies/Late Fees/SubletsConstruction Contracts/Warranties
Lead Based Paint Records (pre 1978 buildings)J 51 Documents
*Rent Roll (Maintenance/Common Charges)
Payment Histories/Delinquent Residents
*Alternate Address Listing
Garage Sales Tax Exemptions
Shareholder/Unit Owner Files
Guarantee Agreements, if any
Escrow Agreements, if any
List of Mortgagees/Lenders for each unit
List of Mortgagees/Lenders for each unit
Shareholder/Unit owner social security number
Bank Statements/Reconciliations/All Accounts
Monthly Operating Statements
Cash Balances Available for Transfer
Open Purchase Orders
Pending Service Requests
Complete Set of Keys
Certificate of Operations/Oil Burner
Annual Boiler Inspection
Fuel Storage Permit
Super’s Certificates of Fitness
Local Law 10/16 Reports
Pending TransactionsBlank Proprietary Leases