New York City Requires Owners to Provide Tenant Protection Plan Notice

Planning to renovate your apartment building? You’ll need a Tenant Protection Plan (TPP) if any of the dwelling units will be occupied during construction. Building owners must post or distribute a TPP Notice when the Department of Buildings (DOB) issues the work permit.

Required by the New York City Administrative Code, the TPP ensures the safety of building occupants during construction. The plan contains the following information:

• A statement that dwelling units will be occupied during construction, including which units are (or may be) occupied
• Means and methods to be used that will ensure the safety and health of occupants
• Details such as temporary fire-rated assemblies, opening protectives, or dust containment procedures, where applicable

Owners must distribute the TPP Notice to each occupied apartment AND post the notice in the lobby AND

• On each floor within 10 feet of the elevator OR
• In buildings without elevators, within 10 feet of or in the main stairwell of each floor

Tenant Protection Plan Requirements

Owners must notify the DOB 72 hours before construction work begins in a building with a TPP. While the specific elements of the TPP depend on the nature and scope of work, the document needs to include detailed information about the following:

Egress

Throughout the construction process, the building must provide adequate egress (means of exiting the structure), as required by code. The TPP needs to identify egress points.

Fire Safety

The building must follow all fire safety requirements for occupied buildings, as well as additional safety measures required by construction.

Health Requirements

The TPP needs to specify methods for controlling dust, removing construction debris, limiting noise, controlling pests, and maintaining sanitary facilities. In addition, the TPP should include a statement of compliance with legal requirements regarding lead and asbestos.

Compliance with Housing Standards

The property must comply with requirements of the New York City Housing Maintenance Code and, if applicable, the New York State Multiple Dwelling Law throughout construction.

Structural Safety

No structural work may take place that will endanger building occupants.

Noise Restrictions

Construction work must abide by any limitations set by the New York City noise control code regarding hours of the day or days of the week for construction activity.

Essential Services

The TPP should describe the means and methods for maintaining essential services according to the requirements of the New York City Housing Maintenance Code. Such services include heat, hot water, cold water, gas, electricity and other utilities. If any service disruption is anticipated, the TPP should include the expected length of disruption, as well as measures taken to minimize the disruption and provision of alternatives for the disrupted service(s) during this time.

Other Requirements

Any additional requirements to ensure tenant safety during construction should also be included in the TPP.

For questions concerning TPPs or TPP Notices, visit the DOB website. If you’re planning to renovate your property, call our office at 877.576.5200 to discuss how the changes will affect your insurance needs.