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What is NYC AC § 26-3016?

Quick Answer

This section allows the commissioner to issue a request for corrective action instead of a violation notice for affordable housing provisions. The request must describe the violation and specify a time for correction. It applies to individuals responsible for the violation, including building owners and lessees.

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§ 26-3016 Commissioner's request for corrective action.

AC § 26-3016

a. As an alternative to the issuance of an order or notice of violation, administrative summons or appearance ticket, the commissioner may issue a request for corrective action to any person responsible for any claimed violation of applicable affordable housing provisions. Each request for corrective action shall have the commissioner's signature affixed thereto; but the commissioner may authorize an officer or employee of the department to affix such signature, including an electronic signature. b. A request for corrective action issued pursuant to subdivision a shall contain a description of the building, premises, affordable housing unit or subject matter affected, which shall be designated by address, where applicable, and shall be sent by regular mail or, upon consent, electronically to the owner, lessee, person in charge, or occupant of the building or to any person responsible for the unlawful use or condition at the last known address for such person. Requests for corrective action may be sent to a managing agent or other person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request shall describe the violation of applicable affordable housing provisions and call upon the person addressed to correct it and to inform the department of the action taken. A time for correction or response shall be specified on the request for corrective action. c. The department shall keep a record, available to the public, of requests for corrective action issued pursuant to this chapter. The record of a request for corrective action shall be reflected as withdrawn upon submission to the department of a statement in a form prescribed by rule indicating that the use or condition has been corrected or did not exist, or following an inspection or investigation by the department that confirms correction. A request for corrective action may be issued in response to a complaint, investigation or inspection. Nothing in this section shall be construed to require that the commissioner issue a request for corrective action as a prerequisite to any other enforcement action. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

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