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What is Local Law 106 of 2019: New Tenant Protection Plan Requirements


Local Law 106 of 2019 introduces significant change to tenant protection plan requirements that will impact construction filings in both mixed use and residential buildings. To read the full text of the Local Law 106 of 2019 please click on the link here. NYC DOB issued a new service update about this law which can be viewed by clicking the link here.

Beginning November 10, 2020, as required by Local Law 106 of 2019:
• The registered design professional (RDP) who prepares the tenant protection plan (TPP) must be retained by the general contractor; and
• The permit holder must sign a statement certifying that the TPP submitted by the RDP coordinates with the scope of work intended.

Exceptions
• Work in occupied one- and two-family homes; and
• Work limited to the interior of a single dwelling unit of an occupied multiple dwelling with no disruption to the essential services of other units, where the dwelling unit is owner-occupied.

New Required Item in BIS Applications filed on or after November 10, 2020, will no longer receive the prior to approval Tenant Protection Plan and Notes Required Item. Instead, these applications will receive a new prior to permit TPP1 Tenant Protection Plan Required Item. The TPP1 Tenant Protection Plan form must be submitted to satisfy either of these Required Items.
Revised TPP1 Form

The new TPP1 form includes a certification that, if applicable, the RDP was retained by the general contractor performing the work, and a Professional Certification Statement and Signature.. It also Mandates  a statement signed by the permit holder that certifies the submitted TPP “coordinates with the scope of work intended.”

Effective date of New TPP1 Form

The new TPP1 form (Rev. 11/20) will be released on November 9,2020. The current TPP1 form (Rev. 5/20) and the new TPP1 form will be accepted through December 4, 2020. Effective December 7, 2020, the new TPP1 form (Rev. 11/20) will be the only version accepted.

This law will change the previously used ways by the RDP and moving forward design applicants issuing plans for renovations and alterations in mixed use and residential buildings will no longer be required to include tenant protection plan notes on their drawings or to sign and submit the TPP1 form. The only statement  by RDP will be required for plan approval, starting November 10th, stating that there  will be a note on the drawing sets cover sheet mentioning a tenant protection plan must be submitted prior to permit issuance.

For General Contractors in order to avoid the delays in there construction projects, they should engage an independent design professional to prepare and provide the TPP required for permit issuance ASAP. Contractor should also include the TPP item cost in the  bid specifications to incorporate this requirement so that contractors can provide estimates that include the Tenant Protection Plan as previously it was the responsibility of the Owner.

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