Earlier this year, the Department of Buildings (DOB) released a service notice announcing new guidelines for submitting Tenant Protection Plans. The updated process requires the submission of a new stand-alone form (TPP1) when proposing work on residential buildings that will remain partially occupied during construction. The new separate form requirement is part of the DOB’s Building One City Plan which aims to increase transparency and public access to information online.

During the 2016 Build Safe/Live Safe Conference held in May, the DOB presented a seminar on Tenant Protection where they addressed how the changes in protocol for Tenant Protection Plans would increase public safety. In an interview with Chelsea Now, Timothy Hogan, Deputy Commissioner of Enforcement at the DOB, explained “Tenant Protection Plans were usually recorded in the architectural plans. Now we require transparency; that a Tenant Protection Plan be filed separately so it’s visible online to people as a separate document. It’s in a virtual folder online, and tenants are able to see the folder if they bring up their address.”

The purpose of the TPP1 form is for the landlord and/or architect to describe in detail how the work being done will adhere to the six major areas cited in Section 104.8.4 of the New York City Administrative Code. The code section requires that Tenant Protection Plans indicate which dwelling units will be occupied during construction, and the means and methods employed to safeguard the occupants. Elements of the plan vary depending on the nature and scope of the work, but should at least include statements of compliance concerning lead, asbestos and noise restrictions.

In addition, the plan should also meet the following requirements:

• Identify adequate egress.
• Ensure appropriate fire safety measures are in place.
• Address potential health concerns.
• Safely maintain the structural integrity of the building/space.

It is important to note that this new rule only applies to alteration filings on buildings containing one or more dwelling units. Buildings that do not contain dwelling units are not required to submit the TPP1 form. Therefore, in addition to submitting the completed TPP1 form, applicants should continue to submit the Tenant Protection Plan notes as well as any supporting drawings on the building plans for all filings.

For assistance submitting or validating a Tenant Protection Plan, contact Milrose Consultants.

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