§ 54-03 Postponements.
RCNY § 54-03
(a)An owner may apply to the Department in writing for postponement of the time to correct an immediately hazardous violation issued in accordance with Administrative Code §§ 27-2017.3(a)(4) or 27-2017.4(b) within the five days preceding the date set for correction of such violation. No postponement may be requested for a hazardous violation that has become an immediately hazardous violation under Administrative Code § 27-2017.3(a)(4) or (5).
(b)Grant of a postponement request shall be in the sole discretion of the Department, and will be limited to circumstances where a showing has been made by the owner, to the satisfaction of the Department, that such owner has taken prompt action to correct the violation but that full correction can not be completed within the time provided because of serious technical difficulty, inability to obtain necessary materials, funds or labor, or inability to gain access to the dwelling unit where the violation exists, or such other portion of the building necessary to make the required repair.
(c)An application for postponement must contain: a detailed statement by the registered owner or agent, or registered managing agent, explaining the prompt actions taken to correct the violation, the specific circumstances causing the inability to fully correct the violation within the time set, and an explanation of how correction will be completed within fourteen additional days. Where an owner claims inability to gain access, such application must include: a description of the steps taken to gain access, including but not limited to providing a written notice to the tenant informing the tenant of the hazard and need for access to the dwelling unit to correct the violation; proof of delivery of the notice by certified or registered mail; and why access could not be gained.
(d)The Department must make a determination in writing, including the reasons therefor, on whether the postponement shall be granted or denied. The Department may include such conditions as are deemed necessary, including, but not limited to, prompt repair or removal of harborages and actions to address any source of moisture that may be contributing to a mold condition, to ensure correction of the violation within the time set by the postponement.
(e)If the postponement is granted, a new date for correction must be set, which shall not exceed fourteen days from the initial date set for correction in the notice of violation. (Added City Record 12/17/2018, eff. 1/16/2019)
