What you need to know about the Tenant Protection Plan

One of our top priorities at HLZAE is to make sure you are prepared and knowledgeable about the different requirements and laws set forth by the city of New York. Below is a reminder for any construction taking place in a residential building and the requirements you need to follow to avoid any possible fines.

For work in any building with at least one occupied residential unit (regardless how building is classified) a Tenant Protection Plan (TPP) is required.

Building owners must distribute and post the required notifications in their building once the DOB has issued a work permit:

• Building Owners are responsible for distribution and posting the notifications/signage in color
• Building owners should download and use the following template:

Recently, the DOB has made revisions to the required TPP1 form. Both the applicant and the property owner will be required to sign the paper TPP1 form submitted in the Buildings Information System (BIS). The applicant and owner will be required to:

• Identify the specific unit/apartment numbers that will remain occupied during construction (see Local Law 118 of 2019)
• Identify specific means and methods to be used for the limitation of noise to acceptable levels in accordance with the NYC Noise Control Code (see Local Law 106 of 2019).

In addition, the title sheet or first sheet immediately after the title sheet of the construction documents for alteration, construction, or partial demolition work in a building containing one or more occupied dwelling(s) must contain a statement that a Tenant Protection Plan will be submitted in accordance with the requirements of Article 120 of Title 28 of the Administrative Code prior to the issuance of a permit (see Local Law 106 of 2019).

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For work in any multiple dwelling buildings a Safe Construction Bill of Rights(SCBoR) is required for the following types of construction: 

• An application for a permit for work not constituting minor alterations or ordinary repairs
• An emergency work permit 
• New buildings, immediately upon application for a Temporary Certificate of Occupancy:

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Both of the required Notices to Occupants for the TPP and SCBoR must be:

• distributed to each occupied dwelling unit and:
• posted in a conspicuous manner in the building’s lobby; and
• posted on each floor within ten feet of the elevator; or if the building does not have an elevator, within ten feet of or in the main stairwell on each floor.

Failure to post the Department-Approved TPP Notice to Occupants may result in penalties by the DOB.

Please be reminded that pursuant to Local Law 154 of 2017, owners are required to notify the Department in writing at least 72 hours before starting work that requires a TPP. The Department’s online form must be used to make the notification.