§ 44-02 Criteria.
RCNY § 44-02
(a)The Department may identify buildings for issuance of orders to correct Underlying Conditions based upon the following criteria: (1) A building with a Class B or Class C violation on record related to the existence of mold or water leaks that was issued by the Department within the prior year preceding issuance of the order that has not been properly certified as corrected by the owner, or that was corrected by the Department, and such building: (i) Contains three to five dwelling units and at least 50% of such units have one such violation; (ii) Contains six to nine dwelling units and at least 25% of such units have one such violation; or (iii) Contains ten dwelling units or more and at least 15% of such units have one such violation.
(2)The Department will prioritize selection of buildings meeting the criteria in paragraph (1) of this subdivision first by those buildings with conditions that may contribute to asthma outcomes and other relevant health indicators as determined by the Department of Health and Mental Hygiene, followed by those buildings with the highest total number of Class C and Class B violations relating to the existence of mold or water leaks.
(b)The Department may exclude a building from the issuance of an order to correct Underlying Conditions where such building otherwise meets the criteria in paragraph (1) of subdivision (a) of this section, but such building is: (1) A one- or two-family building; (2) Subject to an order issued in the Alternative Enforcement Program pursuant to New York City Administrative Code § 27-2153; (3) Subject to the appointment of an administrator under the 7A Program pursuant to Article 7A of the New York State Real Property Actions and Proceedings Law; (4) Subject to a comprehensive enforcement action by the Department; (5) Conveyed to a new owner after an in rem judgment of foreclosure in favor of New York City in the Third Party Transfer Program pursuant to New York City Administrative Code § 11-412.1 within the last five years; or (6) The subject of a preservation loan made by HPD or HDC within the last two years. (Amended City Record 7/8/2022, eff. 8/7/2022)
