Local Law No. 29 of 2007, passed by the New York City Council and signed into law by Mayor Michael R. Bloomberg, created the Alternative Enforcement Program (“AEP”). The law was amended by Local Law No. 7 of 2011 and the new provisions took effect on January 31, 2011. The AEP is an enforcement program that provides HPD with the ability to identify the most distressed multiple dwellings and ensure that violations and the conditions that caused the violations are corrected. Each year HPD designates 200 different multiple dwellings for participation in the AEP. The criteria for identifying the multiple dwellings that participate in the AEP include the number of class “B” hazardous and class “C” immediately hazardous violations issued by HPD as well as the amount of emergency repair charges incurred by HPD. Owners of multiple dwellings can avoid participation in AEP by properly maintaining their building, submitting a current and valid property registration to HPD, correcting and certifying all HPD violations. In order to have overdue corrected violations removed from HPD records, you must request that HPD perform a Dismissal Request Inspection.
On or about January 31st of each year the last validly registered owner and managing agent of multiple dwellings that are identified for participation will be provided with notice of participation and information on how to be discharged within the first four months. HPD will post a notice to all tenants notifying them of HPD’s identification of the property for participation in the AEP.
If the building is not discharged within the first four months, an AEP Order to Correct will be issued. An AEP Order to Correct is an administrative order that lists the underlying conditions that the owner must correct. The AEP Order to Correct is mailed to the owner, posted at the building and filed with the County Clerk’s Office. If the owner fails to comply with the Order, HPD may hire a contractor to make the repairs and will bill the owner. Failure to pay the bill may result in a tax lien being placed against the property.
Buildings not discharged within the first four months of the initial notice may also be subject to the following fees:
• $500 per dwelling unit every six months, beginning on the date of the building wide inspection, with a maximum total fee of $1,000 per dwelling unit during participation in the AEP.
• $200 for any complaint inspection performed in the subject property that results in the issuance of a class “B” (hazardous) or “C” (immediately hazardous) violation.
• $100 for each re-inspection pursuant to a certification of correction of violation(s) submitted to HPD where HPD finds one or more violations have not been corrected.
Failure to pay these fees may result in filing of a tax lien or liens against the property.
Tenants and owners should contact the AEP office at (212) 863-8262 if they have any questions about AEP.
For more detailed information about AEP in general, you can read the Brochure of Frequently Asked Questions on the Alternative Enforcement Program (PDF)
List of 200 Buildings Identified (By Fiscal Year)
List of 200 buildings identified for Fiscal Year 2013
List of 200 buildings identified for Fiscal Year 2012
List of 200 buildings identified for Fiscal Year 2011
List of 200 buildings identified for Fiscal Year 2010
List of 200 buildings identified for Fiscal Year 2009
List of 200 buildings identified for Fiscal Year 2008
Alternative Enforcement Program City Council Reports
HPD is required to provide annually a summary report to the City Council listing all buildings which have been identified for the Alternative Enforcement Program. The report is also required to be posted on HPD’s website.
Alternative Enforcement Program City Council Report 2008 Round 1 Alternative Enforcement Program City Council Report 2009 Round 2
Alternative Enforcement Program City Council Report 2010 Round 3
Alternative Enforcement Program City Council Report 2011 Round 4
Alternative Enforcement Program City Council Report 2012 Round 5
As required by Local Law 7 of 2011, HPD analyzed the Alternative Enforcement Program five years after the implementation of the program in 2007. The Alternative Enforcement Program 5 Year Report (2007-2012) explores the program’s effectiveness and makes recommendations for changes to enhance the program’s success.
HPD and City Council Announce Launch of Alternative Enforcement Program to Repair Troubled Residential Buildings