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What is NYC AC § 28-211.3.1?

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This section mandates audits by the department for individuals found in violation of specific construction regulations. It outlines conditions under which audits of all properties owned by such individuals will be conducted, particularly focusing on amendments to construction documents and compliance with building permit requirements. Applies to building owners with multiple properties in the city.

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§ 28-211.3.1 Required audits.

AC § 28-211.3.1

If the department determines that a person has violated section 28-211.1, or that the person has performed work in violation of section 28-105.1 in a building that is occupied as a dwelling, the department shall conduct an audit of filings for all buildings owned by such person and located in the city to determine if other violations of 28-211.1 have occurred with respect to other buildings owned by such person. If more than five amendments to approved construction documents have been submitted to the department within a six month period for a single building, and where such amendments indicate (i) a change in occupancy, (ii) a change in whether the building contains occupied housing accommodations subject to rent control or rent stabilization under chapters 3 and 4 of title 26 of the administrative code or (iii) a change that would require the person to submit an application for a new permit to the department, the department shall conduct an audit of all properties owned by such person and located in the city to determine if any statements were made that are unlawful pursuant to section 28-211.1. At least once per year, the department shall audit no less than 25 percent of buildings placed on the watch list established by article 3 of subchapter 4 of chapter 2 of title 27 of the administrative code for compliance with building permit requirements, including whether section 28-211.1 has been violated. (L.L. 2019/107, 6/8/2019, eff. 12/5/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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