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What is NYC AC § 28-103.38?

Quick Answer

This section mandates the commissioner to submit an annual report by March 31 regarding rooftop occupancy in New York City. The report includes data on buildings with rooftop recreational spaces and those with place of assembly certificates, disaggregated by community board. Applies to building owners with rooftop amenities.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-103.38.

AC § 28-103.38

No later than March 31 of each year, the commissioner shall submit to the mayor and the speaker of the council and shall post on the department’s website a report on rooftop occupancy in the city. The report shall contain the following information for certificates of occupancy and place of assembly certificates of operation issued in the preceding year, disaggregated by community board: 1. The number of buildings with a roof deck, roof terrace, or other rooftop recreational space indicated on the certificate of occupancy for such building, and the building address; 2. The number of rooftops that have been issued a place of assembly certificate of operation, and the building address for each such rooftop; and 3. Any other information that the commissioner deems relevant. (L.L. 2025/125, 9/13/2025, eff. 9/13/2026)

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