New York's Cooperative and Condominium Community

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New Laws on Construction Noise and Mold Remediation

New York City

New Laws
March 8, 2018

Those laws never seem to stop coming. Most co-op and condo boards are aware of new laws that require an annual report on contracts, a way of reining in conflicts of interest, and the looming requirement to adopt and post a smoking policy. But other new laws may be flying under the radar of boards and their managers. Writing in The New York Law Journal, Eva Talel, a partner at Stroock & Stroock & Lavan, advises boards to be aware of what’s coming.

“Starting in 2020,” Talel writes, “Local Law 53 lowers the permitted decibel limits for after-hours construction in residential areas to 75 decibels, or 7 decibels above the ambient noise, and authorizes the New York City Department of Environmental Protection (DEP) to issue a stop-work order if such limits are exceeded.” After hours, she notes, is defined as “before 7 a.m. or after 6 p.m. on weekdays and/or on Saturday’s and/or Sundays.” 

Boards and managers should be mindful of these new noise limitations when imposing work rules on contractors performing building work and on apartment owners’ contractors performing apartment alterations. 

Local Law 61 goes into effect on January 1 next year. “It establishes the requirements for persons who may assess, remediate and abate mold covering areas larger than 10 square feet,” Talel writes. “Such work may be performed only by a licensed third party. This may impose a substantial economic burden on buildings and deprives buildings and their apartment owners of the benefit of having such work performed by persons with the knowledge and institutional memory of the building and its systems – building employees likely have and third-parties do not.” 

Other new laws concern bedbug infestation reporting; energy efficiency and sustainability; required gas piping inspections; required allergen inspections; and construction safety. They're available here.

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