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NYC DOB Tenant Protection Plan (TPP) Compliance Requirements - New York MEP Engineer 2022 BC 1705.26

Updated: Nov 15, 2023

A Tenant Protection Plan (TPP) outlines what steps the contractor and owner will take to protect tenants living in buildings under construction/renovation to avoid or limit service disruptions and mitigate the negative impacts of construction.

Prior to obtaining a construction permit, a Registered Design Professional must submit a TPP if there is at least one occupied dwelling unit. Each construction permit requires its own TPP that outlines tenant protections specific to that scope of work. The elements of the TPP may vary depending on the nature and scope of the work, but at a minimum shall make detailed and specific provisions for:

  1. Egress. Clarify how adequate egress will be maintained during construction.

  2. Fire Safety. Identify safety measures to maintain fire safety during construction.

  3. Health Requirements. Specify methods to be used for dust control, disposal of construction debris, pest control and maintenance of sanitary facilities. Owners must include a statement certifying compliance with applicable laws and filings relating to lead and asbestos.

  4. Compliance with Housing Standards. Demonstrate compliance with the New York City Housing Maintenance Code, and New York State Multiple Dwelling Law shall be strictly observed.

  5. Structural Safety. Identify specific measures to maintain structural stability during construction.

  6. Noise Restrictions. Identify the specific means and methods used to limit noise to acceptable levels in accordance with the NYC Noise Control Code.

  7. Maintaining Essential Services. Describe specific means and methods to be used to maintain heat, hot water, cold water, gas, electricity, or other utility services, in accordance with the NYC Housing Maintenance Code. Specify if a disruption of any such service is anticipated during the work, the expected duration of such disruption, the means and methods that will be taken to minimize such disruption, including the provision of sufficient alternatives for such service during the disruption. Notification of the disruption must be given to all affected occupants of occupied dwelling units.TPP Requirements

Both the Registered Design Professional and the property owner will be required to sign the TPP.

Please be reminded that pursuant to Local Law 154 of 2017, owners are required to notify the Department in writing at least 72 hours before starting work that requires a TPP. The Department’s online form must be used to make the notification.

Posting Requirements

Owners must distribute and post the required Tenant Protection Plan (TPP) Notice to Occupants when the Department of Buildings issues a work permit. The updated notice reflects the changes made by Local Law 106 of 2019.

The required Notice to Occupants must be distributed to each occupied dwelling unit and:

  • prominently post the TPP Notice to Occupants in the lobby; and

  • posted on each floor within ten feet of the elevator; or

  • if the building does not have an elevator, within ten feet of or in the main stairwell on each floor

NOTE: Failure to post the Department-approved TPP Notice to Occupants may result in the imposition of penalties.

Additional Requirements

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