The new Dismissal Request Program
cost of $300 is based on the actual cost to Housing
Preservation & Development (HPD) providing this
service, as was determined after an analysis, said
spokesperson, Roz Post. Under this program, an inspector
comes within 45 days.
The price increase, signed by Housing Preservation
& Development Commissioner Felice L. Michetti
on Sept. 22, goes into effect Nov. 9 said Post. HPD
is in charge of administering code violations. Post
said according to an attorney in their legal department,
if a request comes in for an inspection before Nov.
9, the cost will be $135.
"I urge anyone who knows they need a reinspection
for refinancing or another reason in the next few
months to get it done right away," said Margulies.
John J. Gilbert III, president of the Rent Stabilization
Association said, "It's indicative of the way
New York City government looks at property owners
- and that is they act as if property owners will
be there forever no matter what onerous or burdensome
regulations are put on."
Margulies explained it will now cost an owner a month's
rent to establish that previous violations have been
cured.
"They have gutted this program for smaller owners
and have made it cost prohibitive," Margulies
said.
Gilbert calls the fee rise a "prescription for
disaster" because it ignores the 270 percent
increase in rem actions over the last four years.
"This is not the only way to get violations
removed," Post insisted. When violations are
placed, they are supposed to be certify within a certain
period of time, for which extensions are available.
"If they certify on time and the city is unable
to reinspect, in the computer it will indicate |deem
complied'," Post said.
That system has only been in place for the last three
years, however, and, Margulies said there are still
literally hundreds of thousands of violations in the
computer for conditions corrected years ago because
for a long time, owners' certifications were ignored.
There is still a large number that remain uncertified,
Margulies said, including new violations that for
multiple reasons, cannot be certified in a timely
manner.
Margulies expects a sharp cutoff in the number of
requests. "They are going to have half as many
jobs and that will prolong the use of bad data."
he added.
I. Scott Edelstein, a partner with the Bronx-based
law firm of Novick Edelstein Lubell Reisman Wasserman
& Leventhal, P.C., believes the cost will not
reduce the number of inspections.
"You need it for a comprehensive case to show
that the violations have been removed," he said,
"and when applying for a loan or refinancing
you don't want the violations. They are going to be
forced to swallow the costs. |