‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
MISCELLANEOUS PROVISIONS
bond or other form of security acceptable to the department in an amount which will secure the payment of such 
costs and any fines or civil penalties which may be imposed for the violation.
§28
-
503.10 Definitions.
For the purposes of this article the terms “sign” and “surface area,” in reference to a sign, 
shall be as defined under section 12
-
10 of the zoning resolution.
§28
-
503.11 Review of order.
An order of the commissioner issued pursuant to this article shall be a final determi-
nation of the commissioner for purposes of review pursuant to article seventy
-
eight of the civil practice law and 
rules. Notwithstanding any inconsistent provision of para
graph (a) of subdivision six of section six hundred sixty
-
six of the New York city charter, such order shall not be subject to review by the board of standards and appeals.
ARTICLE 504
BICYCLE ACCESS TO BUILDINGS
§28
-
504.1 Bicycle access to certain office buildings.
This section shall apply to buildings that satisfy each of the 
following conditions: (i)    the main occupancy of such building is offices that    are classified as occupancy 
group B, 
(ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before 
such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies 
with ASME 
A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the 
New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle 
parking provisions of sections 25
-
80
, 36
-
70 and 44
-
60 of the New York city zoning resolution. It shall be presumed 
that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§28
-
504.1.1 Request for bicycle access.
The tenant or subtenant of a building to which this section is applicable 
may request in writing, on a form provided by the department of transportation, that the owner of such building 
complete a bicycle access plan in accordance with section 28
-
504.1.2 a
nd provide bicycle access in accordance 
with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space 
within such tenant’s or subtenant’s premises to store the 
requested number of bicycles in a manner that does not 
violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress 
to such premises or building. Such request shall be sent to such owner by certified 
mail, return receipt requested, 
and a copy of the request shall be filed with the department of transportation.
§28
-
504.1.2 Bicycle access plan.
Bicycle access plans shall comply with sections 28
-
504.1.2.1 through 28
-
504.1.2.4.
§28
-
504.1.2.1 Owner requirement. 
Where a request for a bicycle access plan has been submitted pursuant to 
this section, the owner of such building shall, within 30 days after receipt of such request, complete and im-
plement a bicycle access plan or provide to the tenant or subtenant a copy
of the request for an exception that 
has been filed with the department of transportation in accordance with section 28
-
504.1.3.
§28
-
504.1.2.2 Contents of plan. 
A bicycle access plan shall be completed on a form provided by the depart-
ment of transportation and shall include, at a minimum: 
1.
Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1.
Such elevator will be made available for bicycle access for each building tenant or subtenant who 
requests such access, and employees thereof, during the regulating operating hours of such elevator;
1.2.
Bicycles will be allowed to be transported to and from such elevator along each route that is used to 
transport freight to and from such elevator, to the extent practicable and where such routes do not 
present substantial safety risks;
1.3.
No escort by building personnel will be required for a person transporting a bicycle to or from such 
elevator if no such escort is required when a person is transporting freight to or from such elevator; 
and
1.4.
A person transporting a bicycle to or from such elevator, and any package or other material in such 
person’s possession, shall be subject to the same or substantially similar security measures applicable 
to other persons entering such building or such
elevator;
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
MISCELLANEOUS PROVISIONS
bond or other form of security acceptable to the department in an amount which will secure the payment of such 
costs and any fines or civil penalties which may be imposed for the violation.
§28
-
503.10 Definitions.
For the purposes of this article the terms “sign” and “surface area,” in reference to a sign, 
shall be as defined under section 12
-
10 of the zoning resolution.
§28
-
503.11 Review of order.
An order of the commissioner issued pursuant to this article shall be a final determi-
nation of the commissioner for purposes of review pursuant to article seventy
-
eight of the civil practice law and 
rules. Notwithstanding any inconsistent provision of para
graph (a) of subdivision six of section six hundred sixty
-
six of the New York city charter, such order shall not be subject to review by the board of standards and appeals.
ARTICLE 504
BICYCLE ACCESS TO BUILDINGS
§28
-
504.1 Bicycle access to certain office buildings.
This section shall apply to buildings that satisfy each of the 
following conditions: (i)    the main occupancy of such building is offices that    are classified as occupancy 
group B, 
(ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before 
such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies 
with ASME 
A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the 
New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle 
parking provisions of sections 25
-
80
, 36
-
70 and 44
-
60 of the New York city zoning resolution. It shall be presumed 
that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§28
-
504.1.1 Request for bicycle access.
The tenant or subtenant of a building to which this section is applicable 
may request in writing, on a form provided by the department of transportation, that the owner of such building 
complete a bicycle access plan in accordance with section 28
-
504.1.2 a
nd provide bicycle access in accordance 
with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space 
within such tenant’s or subtenant’s premises to store the 
requested number of bicycles in a manner that does not 
violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress 
to such premises or building. Such request shall be sent to such owner by certified 
mail, return receipt requested, 
and a copy of the request shall be filed with the department of transportation.
§28
-
504.1.2 Bicycle access plan.
Bicycle access plans shall comply with sections 28
-
504.1.2.1 through 28
-
504.1.2.4.
§28
-
504.1.2.1 Owner requirement. 
Where a request for a bicycle access plan has been submitted pursuant to 
this section, the owner of such building shall, within 30 days after receipt of such request, complete and im-
plement a bicycle access plan or provide to the tenant or subtenant a copy
of the request for an exception that 
has been filed with the department of transportation in accordance with section 28
-
504.1.3.
§28
-
504.1.2.2 Contents of plan. 
A bicycle access plan shall be completed on a form provided by the depart-
ment of transportation and shall include, at a minimum: 
1.
Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1.
Such elevator will be made available for bicycle access for each building tenant or subtenant who 
requests such access, and employees thereof, during the regulating operating hours of such elevator;
1.2.
Bicycles will be allowed to be transported to and from such elevator along each route that is used to 
transport freight to and from such elevator, to the extent practicable and where such routes do not 
present substantial safety risks;
1.3.
No escort by building personnel will be required for a person transporting a bicycle to or from such 
elevator if no such escort is required when a person is transporting freight to or from such elevator; 
and
1.4.
A person transporting a bicycle to or from such elevator, and any package or other material in such 
person’s possession, shall be subject to the same or substantially similar security measures applicable 
to other persons entering such building or such
elevator;
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
MISCELLANEOUS PROVISIONS
bond or other form of security acceptable to the department in an amount which will secure the payment of such 
costs and any fines or civil penalties which may be imposed for the violation.
§28
-
503.10 Definitions.
For the purposes of this article the terms “sign” and “surface area,” in reference to a sign, 
shall be as defined under section 12
-
10 of the zoning resolution.
§28
-
503.11 Review of order.
An order of the commissioner issued pursuant to this article shall be a final determi-
nation of the commissioner for purposes of review pursuant to article seventy
-
eight of the civil practice law and 
rules. Notwithstanding any inconsistent provision of para
graph (a) of subdivision six of section six hundred sixty
-
six of the New York city charter, such order shall not be subject to review by the board of standards and appeals.
ARTICLE 504
BICYCLE ACCESS TO BUILDINGS
§28
-
504.1 Bicycle access to certain office buildings.
This section shall apply to buildings that satisfy each of the 
following conditions: (i)    the main occupancy of such building is offices that    are classified as occupancy 
group B, 
(ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before 
such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies 
with ASME 
A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the 
New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle 
parking provisions of sections 25
-
80
, 36
-
70 and 44
-
60 of the New York city zoning resolution. It shall be presumed 
that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§28
-
504.1.1 Request for bicycle access.
The tenant or subtenant of a building to which this section is applicable 
may request in writing, on a form provided by the department of transportation, that the owner of such building 
complete a bicycle access plan in accordance with section 28
-
504.1.2 a
nd provide bicycle access in accordance 
with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space 
within such tenant’s or subtenant’s premises to store the 
requested number of bicycles in a manner that does not 
violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress 
to such premises or building. Such request shall be sent to such owner by certified 
mail, return receipt requested, 
and a copy of the request shall be filed with the department of transportation.
§28
-
504.1.2 Bicycle access plan.
Bicycle access plans shall comply with sections 28
-
504.1.2.1 through 28
-
504.1.2.4.
§28
-
504.1.2.1 Owner requirement. 
Where a request for a bicycle access plan has been submitted pursuant to 
this section, the owner of such building shall, within 30 days after receipt of such request, complete and im-
plement a bicycle access plan or provide to the tenant or subtenant a copy
of the request for an exception that 
has been filed with the department of transportation in accordance with section 28
-
504.1.3.
§28
-
504.1.2.2 Contents of plan. 
A bicycle access plan shall be completed on a form provided by the depart-
ment of transportation and shall include, at a minimum: 
1.
Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1.
Such elevator will be made available for bicycle access for each building tenant or subtenant who 
requests such access, and employees thereof, during the regulating operating hours of such elevator;
1.2.
Bicycles will be allowed to be transported to and from such elevator along each route that is used to 
transport freight to and from such elevator, to the extent practicable and where such routes do not 
present substantial safety risks;
1.3.
No escort by building personnel will be required for a person transporting a bicycle to or from such 
elevator if no such escort is required when a person is transporting freight to or from such elevator; 
and
1.4.
A person transporting a bicycle to or from such elevator, and any package or other material in such 
person’s possession, shall be subject to the same or substantially similar security measures applicable 
to other persons entering such building or such
elevator;
MISCELLANEOUS PROVISIONS
2.
Provisions allowing bicycles to be brought in or out of such building using one or more designated pas-
senger elevators that the building owner may designate as temporary freight elevators at any time when 
no freight elevator satisfying the conditions of
item 1 is operational;
3.
The location of building entrances; 
4.
The route to freight elevators that accommodate bicycle access; 
5.
The route to a designated area for bicycle parking on an accessible level if such bicycle parking is made 
available; 
6.
A notice to tenants and subtenants informing them of their responsibilities with respect to bicycle storage; 
and
7.
Such other information as the department of transportation may require. 
§28
-
504.1.2.3 Amendment of plan. 
A bicycle access plan may be amended from time to time to 
accommodate 
requests from other tenants or subtenants to provide bicycle access pursuant to this article.
§28
-
504.1.2.4 Limitations. 
If an owner of a building is issued a violation of this code or the New York city 
fire code, or a rule promulgated thereunder, that results from storage of a bicycle, and such owner shows that 
such violation occurred in an area of such building that is und
er the control of a tenant or subtenant, such owner 
may restrict or limit bicycle access under the bicycle access plan for such tenant or subtenant.
§28
-
504.1.3 Exceptions.
Bicycle access need not be provided pursuant to this section if the commissioner of 
transportation grants an exception for such building under this section. Such commissioner may grant such an 
exception if an owner of such building applies to such commissi
oner for an exception, on a form provided by the 
department of transportation and sent to the department of transportation by certified mail, return receipt re-
quested, within fifteen days after such owner has received a request for 
a bicycle access plan, and certifies that 
either:
1.
No freight elevator in such building is available for the use described in this section because unique circum-
stances exist involving substantial safety risks directly related to the use of each such elevator. Such applica-
tion shall include the reasons f
or such assertion and supporting documentation; or
2.
There is sufficient secure alternate covered no
-
cost off
-
street bicycle parking or sufficient secure alternate 
indoor no
-
cost bicycle parking available on the premises or within four blocks or 1,000 feet (304.8 m), which-
ever is less, of such building to
accommodate all tenants or subtenants of such building requesting bicycle 
access and that such off
-
street parking is accessible on a 24
-
hour basis. Such application shall include sup-
porting documentation for such assertion, including proof that such alter
nate off
-
street or indoor parking is 
available to or under the control of such owner.
If an exception is sought pursuant to item 1 of this section, the department shall conduct an inspection of the 
building and each freight elevator and shall thereafter issue a final determination as to whether to grant an excep-
tion. If an exception is soug
ht pursuant to item 2 of this section, the department, in consultation with the department 
of transportation, shall thereafter conduct an inspection of the secure alternate no
-
cost covered off
-
street bicycle 
parking, secure indoor no
-
cost bicycle parking a
nd the department of transportation shall thereafter issue a final 
determination as to whether to grant an exception. In either event, a letter of exception or denial shall be sent by 
certified mail, return receipt requested, to the owner, lessee, manager 
or other person in control of the building. If 
the exception is denied, a bicycle access plan shall be posted within 20 days after receipt of such determination. 
Failure to timely post a bicycle access plan shall be cause for the issuance of a violation.
§28
-
504.1.4 Posting and availability of bicycle access plan or letter of exception. 
Bicycle access plans shall be 
posted and made available as provided in sections 28
-
504.1.4.1 through 28
-
504.1.4.3.
§28
-
504.1.4.1 Posting of plan. 
The owner of a building subject to this section shall either post in such building 
each bicycle access plan that is in effect, notifying the requesting tenants and subtenants of their right to bicycle 
access in accordance with such plan, or shall post a no
tice in the building lobby indicating that such plan is 
available in the office of the building manager upon request. Either such posting shall be made within five 
days after completion of such plan. Such posting or notice sh
all indicate the other tenants or subtenants are 
entitled to access according to the plan upon request, provided such tenants and subtenants, upon making such 
request, certify that there is sufficient space within such tenant’s or subtenant’s premises to s
tore the requested 
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
MISCELLANEOUS PROVISIONS
bond or other form of security acceptable to the department in an amount which will secure the payment of such 
costs and any fines or civil penalties which may be imposed for the violation.
§28
-
503.10 Definitions.
For the purposes of this article the terms “sign” and “surface area,” in reference to a sign, 
shall be as defined under section 12
-
10 of the zoning resolution.
§28
-
503.11 Review of order.
An order of the commissioner issued pursuant to this article shall be a final determi-
nation of the commissioner for purposes of review pursuant to article seventy
-
eight of the civil practice law and 
rules. Notwithstanding any inconsistent provision of para
graph (a) of subdivision six of section six hundred sixty
-
six of the New York city charter, such order shall not be subject to review by the board of standards and appeals.
ARTICLE 504
BICYCLE ACCESS TO BUILDINGS
§28
-
504.1 Bicycle access to certain office buildings.
This section shall apply to buildings that satisfy each of the 
following conditions: (i)    the main occupancy of such building is offices that    are classified as occupancy 
group B, 
(ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before 
such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies 
with ASME 
A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the 
New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle 
parking provisions of sections 25
-
80
, 36
-
70 and 44
-
60 of the New York city zoning resolution. It shall be presumed 
that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§28
-
504.1.1 Request for bicycle access.
The tenant or subtenant of a building to which this section is applicable 
may request in writing, on a form provided by the department of transportation, that the owner of such building 
complete a bicycle access plan in accordance with section 28
-
504.1.2 a
nd provide bicycle access in accordance 
with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space 
within such tenant’s or subtenant’s premises to store the 
requested number of bicycles in a manner that does not 
violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress 
to such premises or building. Such request shall be sent to such owner by certified 
mail, return receipt requested, 
and a copy of the request shall be filed with the department of transportation.
§28
-
504.1.2 Bicycle access plan.
Bicycle access plans shall comply with sections 28
-
504.1.2.1 through 28
-
504.1.2.4.
§28
-
504.1.2.1 Owner requirement. 
Where a request for a bicycle access plan has been submitted pursuant to 
this section, the owner of such building shall, within 30 days after receipt of such request, complete and im-
plement a bicycle access plan or provide to the tenant or subtenant a copy
of the request for an exception that 
has been filed with the department of transportation in accordance with section 28
-
504.1.3.
§28
-
504.1.2.2 Contents of plan. 
A bicycle access plan shall be completed on a form provided by the depart-
ment of transportation and shall include, at a minimum: 
1.
Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1.
Such elevator will be made available for bicycle access for each building tenant or subtenant who 
requests such access, and employees thereof, during the regulating operating hours of such elevator;
1.2.
Bicycles will be allowed to be transported to and from such elevator along each route that is used to 
transport freight to and from such elevator, to the extent practicable and where such routes do not 
present substantial safety risks;
1.3.
No escort by building personnel will be required for a person transporting a bicycle to or from such 
elevator if no such escort is required when a person is transporting freight to or from such elevator; 
and
1.4.
A person transporting a bicycle to or from such elevator, and any package or other material in such 
person’s possession, shall be subject to the same or substantially similar security measures applicable 
to other persons entering such building or such
elevator;
MISCELLANEOUS PROVISIONS
2.
Provisions allowing bicycles to be brought in or out of such building using one or more designated pas-
senger elevators that the building owner may designate as temporary freight elevators at any time when 
no freight elevator satisfying the conditions of
item 1 is operational;
3.
The location of building entrances; 
4.
The route to freight elevators that accommodate bicycle access; 
5.
The route to a designated area for bicycle parking on an accessible level if such bicycle parking is made 
available; 
6.
A notice to tenants and subtenants informing them of their responsibilities with respect to bicycle storage; 
and
7.
Such other information as the department of transportation may require. 
§28
-
504.1.2.3 Amendment of plan. 
A bicycle access plan may be amended from time to time to 
accommodate 
requests from other tenants or subtenants to provide bicycle access pursuant to this article.
§28
-
504.1.2.4 Limitations. 
If an owner of a building is issued a violation of this code or the New York city 
fire code, or a rule promulgated thereunder, that results from storage of a bicycle, and such owner shows that 
such violation occurred in an area of such building that is und
er the control of a tenant or subtenant, such owner 
may restrict or limit bicycle access under the bicycle access plan for such tenant or subtenant.
§28
-
504.1.3 Exceptions.
Bicycle access need not be provided pursuant to this section if the commissioner of 
transportation grants an exception for such building under this section. Such commissioner may grant such an 
exception if an owner of such building applies to such commissi
oner for an exception, on a form provided by the 
department of transportation and sent to the department of transportation by certified mail, return receipt re-
quested, within fifteen days after such owner has received a request for 
a bicycle access plan, and certifies that 
either:
1.
No freight elevator in such building is available for the use described in this section because unique circum-
stances exist involving substantial safety risks directly related to the use of each such elevator. Such applica-
tion shall include the reasons f
or such assertion and supporting documentation; or
2.
There is sufficient secure alternate covered no
-
cost off
-
street bicycle parking or sufficient secure alternate 
indoor no
-
cost bicycle parking available on the premises or within four blocks or 1,000 feet (304.8 m), which-
ever is less, of such building to
accommodate all tenants or subtenants of such building requesting bicycle 
access and that such off
-
street parking is accessible on a 24
-
hour basis. Such application shall include sup-
porting documentation for such assertion, including proof that such alter
nate off
-
street or indoor parking is 
available to or under the control of such owner.
If an exception is sought pursuant to item 1 of this section, the department shall conduct an inspection of the 
building and each freight elevator and shall thereafter issue a final determination as to whether to grant an excep-
tion. If an exception is soug
ht pursuant to item 2 of this section, the department, in consultation with the department 
of transportation, shall thereafter conduct an inspection of the secure alternate no
-
cost covered off
-
street bicycle 
parking, secure indoor no
-
cost bicycle parking a
nd the department of transportation shall thereafter issue a final 
determination as to whether to grant an exception. In either event, a letter of exception or denial shall be sent by 
certified mail, return receipt requested, to the owner, lessee, manager 
or other person in control of the building. If 
the exception is denied, a bicycle access plan shall be posted within 20 days after receipt of such determination. 
Failure to timely post a bicycle access plan shall be cause for the issuance of a violation.
§28
-
504.1.4 Posting and availability of bicycle access plan or letter of exception. 
Bicycle access plans shall be 
posted and made available as provided in sections 28
-
504.1.4.1 through 28
-
504.1.4.3.
§28
-
504.1.4.1 Posting of plan. 
The owner of a building subject to this section shall either post in such building 
each bicycle access plan that is in effect, notifying the requesting tenants and subtenants of their right to bicycle 
access in accordance with such plan, or shall post a no
tice in the building lobby indicating that such plan is 
available in the office of the building manager upon request. Either such posting shall be made within five 
days after completion of such plan. Such posting or notice sh
all indicate the other tenants or subtenants are 
entitled to access according to the plan upon request, provided such tenants and subtenants, upon making such 
request, certify that there is sufficient space within such tenant’s or subtenant’s premises to s
tore the requested 
MISCELLANEOUS PROVISIONS
number of bicycles in a manner that does not violate the building or fire code or any other applicable law, rule 
or code, or which would impede ingress or egress to such premises or building.
§28
-
504.1.4.2 Posting of exception letter. 
The owner of such building shall post in such building any letter of 
exception granted by the commissioner or commissioner of transportation, including the basis or bases for the 
exception and, if applicable, the route to alternate off
-
street or indoor par
king, as provided in section 28
-
504.1.3, or shall post a notice in the building lobby indicating that such letter is available in the office of the 
building manager upon request. Either such posting shall be made 
within five days after receipt of such letter 
of exception. 
§28
-
504.1.4.3 Location. 
Plans, letters of exception or notices of availability of either shall be posted in a 
prominent location easily visible to a building’s tenants, subtenants and the building’s employees, and shall be 
made available upon request by the department, the depart
ment of transportation or authorized representatives 
of any other city agency. 
§28
-
504.1.5 Filing of plan.
The department or department of transportation may require that plans implemented 
pursuant to the provisions of this section be filed with either such agency.
§28
-
504.2 Construction.
Nothing in this article shall be construed to require an owner of a building governed by 
this article to provide space for bicycles brought into such building or to permit a bicycle to be parked in a manner 
that violates building or fire codes or any other
applicable law, rule or code, or which otherwise impedes ingress or 
egress to such building.
§28
-
504.3 Foldable bicycle access.
It shall be unlawful for an owner of a building the main occupancy of which is 
offices that are classified in occupancy group B to bar a tenant or subtenant from transporting a foldable bicycle to or 
from such tenant or subtenants space on a passenger ele
vator, provided that such bicycle is fully folded. For purposes 
of this section, the term “foldable bicycle” means a bicycle designed to fold into a compact assembly not exceeding 
20 inches (508 mm) by 36 inches (914 mm) b
y 32 inches (813 mm).
§28
-
504.4 Emergencies.
In an emergency that requires an evacuation of all or part of such a building, the owner may 
limit or restrict bicycles and foldable bicycles from being transported through any means of egress.
§28
-
504.5 Bicycle access to residential buildings.
In any building the main use or dominant occupancy of which is 
classified as occupancy group R
-
2 it shall be unlawful for an owner to bar a tenant or subtenant from using a passenger 
elevator to transport a bicycle to and from such tenant’s or subtenant’s
dwelling unit. 
Exceptions:
1.
An owner may bar tenants or subtenants from utilizing passenger elevators to transport bicycles where (i) a 
freight elevator is provided for bicycle access to and from such tenants’ or subtenants’ dwelling units, pro-
vided that passenger elevators may be
used during any period of time such freight elevator is not operating 
and (ii) there is no requirement that building personnel escort such tenants or subtenants when using the 
freight elevator. 
2.
An owner may limit bicycle access to one or more passenger elevators designated for such access.
§28
-
504.6 Foldable bicycles on passenger elevators in residential buildings.
In any building classified in occu-
pancy group R, it shall be unlawful for an owner to bar a tenant or subtenant from transporting a foldable bicycle on 
a passenger elevator provided that such bicycle is fully folded. For purposes of this section, the term
“foldable bicycle” 
means a bicycle designed to fold into a compact assembly not exceeding 20 inches (508 mm) by 36 inches (914 mm) 
by 32 inches (813 mm).
ARTICLE 505
CERTIFICATION OF NO HARASSMENT PILOT PROGRAM
§28
-
505.1 General.
The commissioner shall not approve construction documents, nor issue an initial or reinstate 
permit in connection therewith, for the alteration or demolition of a pilot program building identified by the department 
of housing preservation and development 
pursuant to section 27
-
2093.1 except as set forth in this article. Applications 
for post approval amendments to construction documents are subject to this article where the application proposes a 
change within a covered category of work a
s set forth in section 28
-
505.3.
MISCELLANEOUS PROVISIONS
§28
-
505.2 Definitions.
As used in this article, the following terms have the following meanings:
LOW INCOME HOUSING.
The term “low income housing” has the same meaning as in section 27
-
2093.1 of the 
New York city housing maintenance code.
O
WNER.
The term “owner” has the same meaning as in section 27
-
2004 of the New York city housing maintenance 
code.
PILOT PROGRAM BUILDING.
The term “pilot program building” has the same meaning as in section 27
-
2093.1 
of the housing maintenance code.
‡‡‡
*
§28
-
505.3 Covered categories of work.
Applications for the approval of construction documents for the fol-
lowing categories of work are covered by this article:‡
1.
Demolition of all or part of the pilot program building, other than interior demolition being conducted in the 
course of renovation of occupied units for the purpose of repair to such units where the commissioner determines 
that the issuance of such per
mit is necessary to perform work to protect public health and safety;
2.
Change of use or occupancy of all or part of a dwelling unit, any residential portion of the pilot program building, 
or any part of such building serving 
such dwelling units;
3.
Any alteration resulting in the addition or removal of kitchen or bathrooms, an increase or decrease in the number 
of dwelling units, or any change to the layout, configuration, or location of any portion of any dwelling unit;
4.
An application for a new or amended certificate of occupancy; or
5.
Such other types of alteration work to a pilot program building as shall be prescribed by rule of the commissioner 
of housing preservation and development. 
Exceptions:
1.
Work solely for the purpose of either (i) making the public areas of a pilot program building accessible to 
persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making 
the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall 
not be covered by this article.
2.
Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract 
with a city agency shall not be covered by this article.
3.
Repairs, replacement, modification, or partial demolition work in a building that is the minimum required to 
be performed to address conditions for rescission of a vacate order issued by the department of housing 
preservation and development or the depa
rtment.
4.
Work performed on a building that has an administrator currently appointed pursuant to article seven
-
a of the 
real property actions and proceedings law shall not be covered by this article.
5.
Other categories of work that are excluded from the definition of covered categories of work by rule of the 
department of housing preservation and development shall not be covered by this article.
*Section §28
-
505.3
was amended by 
Local Law 1
40
of 2021
. This law has an effective date of 
October
31
, 202
1. 
§28
-
505.4 Required submittal documents.
The commissioner shall not approve any construction documents, nor 
issue an initial or reinstated permit in connection therewith, for a pilot program building for the covered categories of 
work unless the applicant provides:
1.
A sworn affidavit by or on behalf of all the owners of such building that has been provided to the department of 
housing preservation and development, which states that there will be no harassment of the lawful occupants of 
such building by or on behalf
of such owners during the construction period;
2.
A tenant protection plan as provided for in this code; and
3.
The following documents from the commissioner of housing preservation and development:
3.1.
A current certification of no harassment that there has been no harassment of the lawful occupants of such 
pilot program building within the 60 month period prior to submission of an application for such 
MISCELLANEOUS PROVISIONS
certification to the department of housing preservation and development, provided, however, that such cer-
tification of no harassment shall except any portion of such 60 month period during which title was vested 
in the city;
3.2.
A waiver of such certification; or
3.3.
A certification that a restrictive declaration, in accordance with subdivision e of section 27
-
2093.1 of the 
housing maintenance code, has been recorded in the office of the city register or the Richmond county clerk 
and indexed as provided by the dep
artment of housing preservation and development.
§28
-
505.5 Process.
Application for a certification of no harassment or waiver shall be made pursuant to section 27
-
2093.1 of the housing maintenance code.
§28
-
505.6 Time period for approval or rejection of construction documents.
The time period in which the com-
missioner is required to approve or reject an application for construction document approval or resubmission thereof 
pursuant to this code shall commence from the date that the commissioner receives the documents required p
ursuant 
to item 3 of section 28
-
505.4.
§28
-
505.7 Certificate of occupancy.
The department shall not issue any temporary or permanent certificate of occu-
pancy for any new or existing structure or portion thereof on a lot subject to an restrictive declaration pursuant to 
subdivision e of section 27
-
2093.1 of the housing maintenance code, other than for any low income housing located 
on such lot, until the department of housing preservation and development certifies that the low income housing re-
quired by such restrictive declaration has been compl
eted in compliance with the restrictive declaration and the de-
partment has issued a temporary or permanent certificate of occupancy for each unit of low income housing covered 
by such restrictive declaration.
§28
-
505.8 Request for stop
-
work or rescission.
The commissioner shall be empowered to issue a stop
-
work notice 
or order with respect to an alteration or demolition permit or to rescind approval of construction documents at the 
request of the commissioner of housing preservation and development pursuan
t to section 27
-
2093.1 of the housing 
maintenance code.
*
ARTICLE 506
EMISSION PROFILE OF BUILDINGS
*Article 
§28
-
506
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
§28
-
506.1 Prohibited Emissions in New Buildings. 
New buildings shall be subject to the emissions limits set forth 
in section 24
-
177.1.
The commissioner shall not approve an application for the approval of construction documents, 
nor issue any permit in connection therewith, for a new building that does not comply with section 24
-
177.1.
Exceptions
: 
1.
A building that is seven stories or more where an application for the approval of construction documents is 
submitted on or before July 1, 2027.
2.
A building that is less than seven stories where an application for the approval of construction documents is 
submitted on or before December 31, 2023. 
3.
A building, other than a building
‡
that is classified as group R
-
3, where such emissions are in connection 
with the provision of hot water and an application for the approval of construction documents is submitted 
on or before July 1, 2027.
4.
A building that is less than seven stories where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive dec
laration, or similar instrument with a federal, state, or local govern-
mental entity or instrumentality for the creation or preservation of affordable housing, and an application for 
the approval of construction documents is submitted before December 31, 20
25.
5.
A building that is seven stories or more where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive decla
ration, or similar instrument with a federal, state, or local 23. 
3.
A building, other than a building
‡
that is classified as group R
-
3, where such emissions are in connection 
with the provision of hot water and an application for the approval of construction documents is submitted 
on or before July 1, 2027.
4.
A building that is less than seven stories where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive dec
laration, or similar instrument with a federal, state, or local govern-
mental entity or instrumentality for the creation or preservation of affordable housing, and an application for 
the approval of construction documents is submitted before December 31, 20
25.
5.
A building that is seven stories or more where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive decla
ration, or similar instrument with a federal, state, or local 
MISCELLANEOUS PROVISIONS
governmental entity or instrumentality for the creation or preservation of affordable housing, and an appli-
cation for the approval of construction documents is submitted before December 31, 2027.
6.
A building that will be primarily used by a utility regulated by the public service commission for the gener-
ation of electric power or steam. 
7.
A building within a facility operated by the department of environmental protection that treats sewage or 
food waste.
8.
An application filed by or on behalf of the school construction authority submitted before December 31, 
2024.
9.
A building where it would not be required to comply with section 24
-
177.1 because the combustion of a 
substance that emits 25 kg or more of carbon dioxide per million British thermal units of energy is necessary 
for a manufacturing use or purpose, or for the operation of a laboratory, laundromat, hospital, crematorium, 
commercial kitchen as defined in section 602 of the New York city fire code, or where used for emergency 
or standby power, or other use allowed by rule of the department, to the extent necessary for, and in the space 
occupied by such use or purpose.
*Section §28
-
506
.1
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
ARTICLE 50
7 
PILOT PROGRAM FOR ELIGBILE BASEMENT AND CELLAR RESIDENCES
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§28
-
507.1 Definitions. 
For purposes of this article, the following terms have the following
meanings:
APARTMENT. 
The term “apartment” has the same meaning as defined in section BC 202 of the
New York city 
building code.
APPLICATION. 
The term “application” means an application for authorization for temporary
residence pursuant to 
this article.
AUTHORIZATION FOR TEMPORARY RESIDENCE. 
The term “authorization for
temporary” residence means 
an authorization issued by the department pursuant to section 28
-
507.4 authorizing the temporary use of an eligible 
basement or cellar as an apartment prior to the
issuance of a certificate of occupancy or temporary certificate of occu-
pancy for such use.
BASEMENT. 
The term “basement” means a story partly below the grade plane and having less
than one
-
half of its 
clear height, measured from finished floor to finished ceiling, below the grade
plane.
CELLAR. 
The term “cellar” means that portion of a building that is partly or wholly
underground, and having one
-
half or more of its clear height, measured from finished floor to
finished ceiling, below the grade plane.
ELIGIBLE BASEMENT OR CELLAR RESIDENCE. 
The term “eligible basement or cellar
residence” means a 
basement or cellar in an existing dwelling within the program area, unlawfully
arranged to be occupied as an apartment 
with acceptable 
kitchen and sanitation facilities as
described in department rules, and which apartment was in exist-
ence prior to April 20, 2024.
FAMILY. 
The term “family” has the same meaning as defined in the multiple dwelling law, except
that as used in 
this article, family shall not include any boarders, roomers, or lodgers.
PRE
-
EXISTING VIOLATION. 
The term “pre
-
existing violation” means a violation issued by an
agency of the city 
of New York for the illegal occupancy of a basement or a cellar for which a
notice of violation, administrative sum-
mons, criminal court summons, or other process was issued
prior to the date of issuance of an authorization for tem-
porary residence by the department
pursuant to this article.
PROGRAM AREA. 
The term “program” area means Bronx community district 9; Bronx
community district 10; 
Bronx community district 11; Bronx community district 12; Brooklyn
community district 4; Brooklyn community 
district 10; Brooklyn community district 11; Brooklyn
community district 17; Manhattan community district 2; 
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
MISCELLANEOUS PROVISIONS
bond or other form of security acceptable to the department in an amount which will secure the payment of such 
costs and any fines or civil penalties which may be imposed for the violation.
§28
-
503.10 Definitions.
For the purposes of this article the terms “sign” and “surface area,” in reference to a sign, 
shall be as defined under section 12
-
10 of the zoning resolution.
§28
-
503.11 Review of order.
An order of the commissioner issued pursuant to this article shall be a final determi-
nation of the commissioner for purposes of review pursuant to article seventy
-
eight of the civil practice law and 
rules. Notwithstanding any inconsistent provision of para
graph (a) of subdivision six of section six hundred sixty
-
six of the New York city charter, such order shall not be subject to review by the board of standards and appeals.
ARTICLE 504
BICYCLE ACCESS TO BUILDINGS
§28
-
504.1 Bicycle access to certain office buildings.
This section shall apply to buildings that satisfy each of the 
following conditions: (i)    the main occupancy of such building is offices that    are classified as occupancy 
group B, 
(ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before 
such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies 
with ASME 
A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the 
New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle 
parking provisions of sections 25
-
80
, 36
-
70 and 44
-
60 of the New York city zoning resolution. It shall be presumed 
that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§28
-
504.1.1 Request for bicycle access.
The tenant or subtenant of a building to which this section is applicable 
may request in writing, on a form provided by the department of transportation, that the owner of such building 
complete a bicycle access plan in accordance with section 28
-
504.1.2 a
nd provide bicycle access in accordance 
with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space 
within such tenant’s or subtenant’s premises to store the 
requested number of bicycles in a manner that does not 
violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress 
to such premises or building. Such request shall be sent to such owner by certified 
mail, return receipt requested, 
and a copy of the request shall be filed with the department of transportation.
§28
-
504.1.2 Bicycle access plan.
Bicycle access plans shall comply with sections 28
-
504.1.2.1 through 28
-
504.1.2.4.
§28
-
504.1.2.1 Owner requirement. 
Where a request for a bicycle access plan has been submitted pursuant to 
this section, the owner of such building shall, within 30 days after receipt of such request, complete and im-
plement a bicycle access plan or provide to the tenant or subtenant a copy
of the request for an exception that 
has been filed with the department of transportation in accordance with section 28
-
504.1.3.
§28
-
504.1.2.2 Contents of plan. 
A bicycle access plan shall be completed on a form provided by the depart-
ment of transportation and shall include, at a minimum: 
1.
Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1.
Such elevator will be made available for bicycle access for each building tenant or subtenant who 
requests such access, and employees thereof, during the regulating operating hours of such elevator;
1.2.
Bicycles will be allowed to be transported to and from such elevator along each route that is used to 
transport freight to and from such elevator, to the extent practicable and where such routes do not 
present substantial safety risks;
1.3.
No escort by building personnel will be required for a person transporting a bicycle to or from such 
elevator if no such escort is required when a person is transporting freight to or from such elevator; 
and
1.4.
A person transporting a bicycle to or from such elevator, and any package or other material in such 
person’s possession, shall be subject to the same or substantially similar security measures applicable 
to other persons entering such building or such
elevator;
MISCELLANEOUS PROVISIONS
2.
Provisions allowing bicycles to be brought in or out of such building using one or more designated pas-
senger elevators that the building owner may designate as temporary freight elevators at any time when 
no freight elevator satisfying the conditions of
item 1 is operational;
3.
The location of building entrances; 
4.
The route to freight elevators that accommodate bicycle access; 
5.
The route to a designated area for bicycle parking on an accessible level if such bicycle parking is made 
available; 
6.
A notice to tenants and subtenants informing them of their responsibilities with respect to bicycle storage; 
and
7.
Such other information as the department of transportation may require. 
§28
-
504.1.2.3 Amendment of plan. 
A bicycle access plan may be amended from time to time to 
accommodate 
requests from other tenants or subtenants to provide bicycle access pursuant to this article.
§28
-
504.1.2.4 Limitations. 
If an owner of a building is issued a violation of this code or the New York city 
fire code, or a rule promulgated thereunder, that results from storage of a bicycle, and such owner shows that 
such violation occurred in an area of such building that is und
er the control of a tenant or subtenant, such owner 
may restrict or limit bicycle access under the bicycle access plan for such tenant or subtenant.
§28
-
504.1.3 Exceptions.
Bicycle access need not be provided pursuant to this section if the commissioner of 
transportation grants an exception for such building under this section. Such commissioner may grant such an 
exception if an owner of such building applies to such commissi
oner for an exception, on a form provided by the 
department of transportation and sent to the department of transportation by certified mail, return receipt re-
quested, within fifteen days after such owner has received a request for 
a bicycle access plan, and certifies that 
either:
1.
No freight elevator in such building is available for the use described in this section because unique circum-
stances exist involving substantial safety risks directly related to the use of each such elevator. Such applica-
tion shall include the reasons f
or such assertion and supporting documentation; or
2.
There is sufficient secure alternate covered no
-
cost off
-
street bicycle parking or sufficient secure alternate 
indoor no
-
cost bicycle parking available on the premises or within four blocks or 1,000 feet (304.8 m), which-
ever is less, of such building to
accommodate all tenants or subtenants of such building requesting bicycle 
access and that such off
-
street parking is accessible on a 24
-
hour basis. Such application shall include sup-
porting documentation for such assertion, including proof that such alter
nate off
-
street or indoor parking is 
available to or under the control of such owner.
If an exception is sought pursuant to item 1 of this section, the department shall conduct an inspection of the 
building and each freight elevator and shall thereafter issue a final determination as to whether to grant an excep-
tion. If an exception is soug
ht pursuant to item 2 of this section, the department, in consultation with the department 
of transportation, shall thereafter conduct an inspection of the secure alternate no
-
cost covered off
-
street bicycle 
parking, secure indoor no
-
cost bicycle parking a
nd the department of transportation shall thereafter issue a final 
determination as to whether to grant an exception. In either event, a letter of exception or denial shall be sent by 
certified mail, return receipt requested, to the owner, lessee, manager 
or other person in control of the building. If 
the exception is denied, a bicycle access plan shall be posted within 20 days after receipt of such determination. 
Failure to timely post a bicycle access plan shall be cause for the issuance of a violation.
§28
-
504.1.4 Posting and availability of bicycle access plan or letter of exception. 
Bicycle access plans shall be 
posted and made available as provided in sections 28
-
504.1.4.1 through 28
-
504.1.4.3.
§28
-
504.1.4.1 Posting of plan. 
The owner of a building subject to this section shall either post in such building 
each bicycle access plan that is in effect, notifying the requesting tenants and subtenants of their right to bicycle 
access in accordance with such plan, or shall post a no
tice in the building lobby indicating that such plan is 
available in the office of the building manager upon request. Either such posting shall be made within five 
days after completion of such plan. Such posting or notice sh
all indicate the other tenants or subtenants are 
entitled to access according to the plan upon request, provided such tenants and subtenants, upon making such 
request, certify that there is sufficient space within such tenant’s or subtenant’s premises to s
tore the requested 
MISCELLANEOUS PROVISIONS
number of bicycles in a manner that does not violate the building or fire code or any other applicable law, rule 
or code, or which would impede ingress or egress to such premises or building.
§28
-
504.1.4.2 Posting of exception letter. 
The owner of such building shall post in such building any letter of 
exception granted by the commissioner or commissioner of transportation, including the basis or bases for the 
exception and, if applicable, the route to alternate off
-
street or indoor par
king, as provided in section 28
-
504.1.3, or shall post a notice in the building lobby indicating that such letter is available in the office of the 
building manager upon request. Either such posting shall be made 
within five days after receipt of such letter 
of exception. 
§28
-
504.1.4.3 Location. 
Plans, letters of exception or notices of availability of either shall be posted in a 
prominent location easily visible to a building’s tenants, subtenants and the building’s employees, and shall be 
made available upon request by the department, the depart
ment of transportation or authorized representatives 
of any other city agency. 
§28
-
504.1.5 Filing of plan.
The department or department of transportation may require that plans implemented 
pursuant to the provisions of this section be filed with either such agency.
§28
-
504.2 Construction.
Nothing in this article shall be construed to require an owner of a building governed by 
this article to provide space for bicycles brought into such building or to permit a bicycle to be parked in a manner 
that violates building or fire codes or any other
applicable law, rule or code, or which otherwise impedes ingress or 
egress to such building.
§28
-
504.3 Foldable bicycle access.
It shall be unlawful for an owner of a building the main occupancy of which is 
offices that are classified in occupancy group B to bar a tenant or subtenant from transporting a foldable bicycle to or 
from such tenant or subtenants space on a passenger ele
vator, provided that such bicycle is fully folded. For purposes 
of this section, the term “foldable bicycle” means a bicycle designed to fold into a compact assembly not exceeding 
20 inches (508 mm) by 36 inches (914 mm) b
y 32 inches (813 mm).
§28
-
504.4 Emergencies.
In an emergency that requires an evacuation of all or part of such a building, the owner may 
limit or restrict bicycles and foldable bicycles from being transported through any means of egress.
§28
-
504.5 Bicycle access to residential buildings.
In any building the main use or dominant occupancy of which is 
classified as occupancy group R
-
2 it shall be unlawful for an owner to bar a tenant or subtenant from using a passenger 
elevator to transport a bicycle to and from such tenant’s or subtenant’s
dwelling unit. 
Exceptions:
1.
An owner may bar tenants or subtenants from utilizing passenger elevators to transport bicycles where (i) a 
freight elevator is provided for bicycle access to and from such tenants’ or subtenants’ dwelling units, pro-
vided that passenger elevators may be
used during any period of time such freight elevator is not operating 
and (ii) there is no requirement that building personnel escort such tenants or subtenants when using the 
freight elevator. 
2.
An owner may limit bicycle access to one or more passenger elevators designated for such access.
§28
-
504.6 Foldable bicycles on passenger elevators in residential buildings.
In any building classified in occu-
pancy group R, it shall be unlawful for an owner to bar a tenant or subtenant from transporting a foldable bicycle on 
a passenger elevator provided that such bicycle is fully folded. For purposes of this section, the term
“foldable bicycle” 
means a bicycle designed to fold into a compact assembly not exceeding 20 inches (508 mm) by 36 inches (914 mm) 
by 32 inches (813 mm).
ARTICLE 505
CERTIFICATION OF NO HARASSMENT PILOT PROGRAM
§28
-
505.1 General.
The commissioner shall not approve construction documents, nor issue an initial or reinstate 
permit in connection therewith, for the alteration or demolition of a pilot program building identified by the department 
of housing preservation and development 
pursuant to section 27
-
2093.1 except as set forth in this article. Applications 
for post approval amendments to construction documents are subject to this article where the application proposes a 
change within a covered category of work a
s set forth in section 28
-
505.3.
MISCELLANEOUS PROVISIONS
§28
-
505.2 Definitions.
As used in this article, the following terms have the following meanings:
LOW INCOME HOUSING.
The term “low income housing” has the same meaning as in section 27
-
2093.1 of the 
New York city housing maintenance code.
O
WNER.
The term “owner” has the same meaning as in section 27
-
2004 of the New York city housing maintenance 
code.
PILOT PROGRAM BUILDING.
The term “pilot program building” has the same meaning as in section 27
-
2093.1 
of the housing maintenance code.
‡‡‡
*
§28
-
505.3 Covered categories of work.
Applications for the approval of construction documents for the fol-
lowing categories of work are covered by this article:‡
1.
Demolition of all or part of the pilot program building, other than interior demolition being conducted in the 
course of renovation of occupied units for the purpose of repair to such units where the commissioner determines 
that the issuance of such per
mit is necessary to perform work to protect public health and safety;
2.
Change of use or occupancy of all or part of a dwelling unit, any residential portion of the pilot program building, 
or any part of such building serving 
such dwelling units;
3.
Any alteration resulting in the addition or removal of kitchen or bathrooms, an increase or decrease in the number 
of dwelling units, or any change to the layout, configuration, or location of any portion of any dwelling unit;
4.
An application for a new or amended certificate of occupancy; or
5.
Such other types of alteration work to a pilot program building as shall be prescribed by rule of the commissioner 
of housing preservation and development. 
Exceptions:
1.
Work solely for the purpose of either (i) making the public areas of a pilot program building accessible to 
persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making 
the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall 
not be covered by this article.
2.
Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract 
with a city agency shall not be covered by this article.
3.
Repairs, replacement, modification, or partial demolition work in a building that is the minimum required to 
be performed to address conditions for rescission of a vacate order issued by the department of housing 
preservation and development or the depa
rtment.
4.
Work performed on a building that has an administrator currently appointed pursuant to article seven
-
a of the 
real property actions and proceedings law shall not be covered by this article.
5.
Other categories of work that are excluded from the definition of covered categories of work by rule of the 
department of housing preservation and development shall not be covered by this article.
*Section §28
-
505.3
was amended by 
Local Law 1
40
of 2021
. This law has an effective date of 
October
31
, 202
1. 
§28
-
505.4 Required submittal documents.
The commissioner shall not approve any construction documents, nor 
issue an initial or reinstated permit in connection therewith, for a pilot program building for the covered categories of 
work unless the applicant provides:
1.
A sworn affidavit by or on behalf of all the owners of such building that has been provided to the department of 
housing preservation and development, which states that there will be no harassment of the lawful occupants of 
such building by or on behalf
of such owners during the construction period;
2.
A tenant protection plan as provided for in this code; and
3.
The following documents from the commissioner of housing preservation and development:
3.1.
A current certification of no harassment that there has been no harassment of the lawful occupants of such 
pilot program building within the 60 month period prior to submission of an application for such 
MISCELLANEOUS PROVISIONS
certification to the department of housing preservation and development, provided, however, that such cer-
tification of no harassment shall except any portion of such 60 month period during which title was vested 
in the city;
3.2.
A waiver of such certification; or
3.3.
A certification that a restrictive declaration, in accordance with subdivision e of section 27
-
2093.1 of the 
housing maintenance code, has been recorded in the office of the city register or the Richmond county clerk 
and indexed as provided by the dep
artment of housing preservation and development.
§28
-
505.5 Process.
Application for a certification of no harassment or waiver shall be made pursuant to section 27
-
2093.1 of the housing maintenance code.
§28
-
505.6 Time period for approval or rejection of construction documents.
The time period in which the com-
missioner is required to approve or reject an application for construction document approval or resubmission thereof 
pursuant to this code shall commence from the date that the commissioner receives the documents required p
ursuant 
to item 3 of section 28
-
505.4.
§28
-
505.7 Certificate of occupancy.
The department shall not issue any temporary or permanent certificate of occu-
pancy for any new or existing structure or portion thereof on a lot subject to an restrictive declaration pursuant to 
subdivision e of section 27
-
2093.1 of the housing maintenance code, other than for any low income housing located 
on such lot, until the department of housing preservation and development certifies that the low income housing re-
quired by such restrictive declaration has been compl
eted in compliance with the restrictive declaration and the de-
partment has issued a temporary or permanent certificate of occupancy for each unit of low income housing covered 
by such restrictive declaration.
§28
-
505.8 Request for stop
-
work or rescission.
The commissioner shall be empowered to issue a stop
-
work notice 
or order with respect to an alteration or demolition permit or to rescind approval of construction documents at the 
request of the commissioner of housing preservation and development pursuan
t to section 27
-
2093.1 of the housing 
maintenance code.
*
ARTICLE 506
EMISSION PROFILE OF BUILDINGS
*Article 
§28
-
506
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
§28
-
506.1 Prohibited Emissions in New Buildings. 
New buildings shall be subject to the emissions limits set forth 
in section 24
-
177.1.
The commissioner shall not approve an application for the approval of construction documents, 
nor issue any permit in connection therewith, for a new building that does not comply with section 24
-
177.1.
Exceptions
: 
1.
A building that is seven stories or more where an application for the approval of construction documents is 
submitted on or before July 1, 2027.
2.
A building that is less than seven stories where an application for the approval of construction documents is 
submitted on or before December 31, 2023. 
3.
A building, other than a building
‡
that is classified as group R
-
3, where such emissions are in connection 
with the provision of hot water and an application for the approval of construction documents is submitted 
on or before July 1, 2027.
4.
A building that is less than seven stories where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive dec
laration, or similar instrument with a federal, state, or local govern-
mental entity or instrumentality for the creation or preservation of affordable housing, and an application for 
the approval of construction documents is submitted before December 31, 20
25.
5.
A building that is seven stories or more where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive decla
ration, or similar instrument with a federal, state, or local 
MISCELLANEOUS PROVISIONS
governmental entity or instrumentality for the creation or preservation of affordable housing, and an appli-
cation for the approval of construction documents is submitted before December 31, 2027.
6.
A building that will be primarily used by a utility regulated by the public service commission for the gener-
ation of electric power or steam. 
7.
A building within a facility operated by the department of environmental protection that treats sewage or 
food waste.
8.
An application filed by or on behalf of the school construction authority submitted before December 31, 
2024.
9.
A building where it would not be required to comply with section 24
-
177.1 because the combustion of a 
substance that emits 25 kg or more of carbon dioxide per million British thermal units of energy is necessary 
for a manufacturing use or purpose, or for the operation of a laboratory, laundromat, hospital, crematorium, 
commercial kitchen as defined in section 602 of the New York city fire code, or where used for emergency 
or standby power, or other use allowed by rule of the department, to the extent necessary for, and in the space 
occupied by such use or purpose.
*Section §28
-
506
.1
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
ARTICLE 50
7 
PILOT PROGRAM FOR ELIGBILE BASEMENT AND CELLAR RESIDENCES
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§28
-
507.1 Definitions. 
For purposes of this article, the following terms have the following
meanings:
APARTMENT. 
The term “apartment” has the same meaning as defined in section BC 202 of the
New York city 
building code.
APPLICATION. 
The term “application” means an application for authorization for temporary
residence pursuant to 
this article.
AUTHORIZATION FOR TEMPORARY RESIDENCE. 
The term “authorization for
temporary” residence means 
an authorization issued by the department pursuant to section 28
-
507.4 authorizing the temporary use of an eligible 
basement or cellar as an apartment prior to the
issuance of a certificate of occupancy or temporary certificate of occu-
pancy for such use.
BASEMENT. 
The term “basement” means a story partly below the grade plane and having less
than one
-
half of its 
clear height, measured from finished floor to finished ceiling, below the grade
plane.
CELLAR. 
The term “cellar” means that portion of a building that is partly or wholly
underground, and having one
-
half or more of its clear height, measured from finished floor to
finished ceiling, below the grade plane.
ELIGIBLE BASEMENT OR CELLAR RESIDENCE. 
The term “eligible basement or cellar
residence” means a 
basement or cellar in an existing dwelling within the program area, unlawfully
arranged to be occupied as an apartment 
with acceptable 
kitchen and sanitation facilities as
described in department rules, and which apartment was in exist-
ence prior to April 20, 2024.
FAMILY. 
The term “family” has the same meaning as defined in the multiple dwelling law, except
that as used in 
this article, family shall not include any boarders, roomers, or lodgers.
PRE
-
EXISTING VIOLATION. 
The term “pre
-
existing violation” means a violation issued by an
agency of the city 
of New York for the illegal occupancy of a basement or a cellar for which a
notice of violation, administrative sum-
mons, criminal court summons, or other process was issued
prior to the date of issuance of an authorization for tem-
porary residence by the department
pursuant to this article.
PROGRAM AREA. 
The term “program” area means Bronx community district 9; Bronx
community district 10; 
Bronx community district 11; Bronx community district 12; Brooklyn
community district 4; Brooklyn community 
district 10; Brooklyn community district 11; Brooklyn
community district 17; Manhattan community district 2; 
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
MISCELLANEOUS PROVISIONS
bond or other form of security acceptable to the department in an amount which will secure the payment of such 
costs and any fines or civil penalties which may be imposed for the violation.
§28
-
503.10 Definitions.
For the purposes of this article the terms “sign” and “surface area,” in reference to a sign, 
shall be as defined under section 12
-
10 of the zoning resolution.
§28
-
503.11 Review of order.
An order of the commissioner issued pursuant to this article shall be a final determi-
nation of the commissioner for purposes of review pursuant to article seventy
-
eight of the civil practice law and 
rules. Notwithstanding any inconsistent provision of para
graph (a) of subdivision six of section six hundred sixty
-
six of the New York city charter, such order shall not be subject to review by the board of standards and appeals.
ARTICLE 504
BICYCLE ACCESS TO BUILDINGS
§28
-
504.1 Bicycle access to certain office buildings.
This section shall apply to buildings that satisfy each of the 
following conditions: (i)    the main occupancy of such building is offices that    are classified as occupancy 
group B, 
(ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before 
such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies 
with ASME 
A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the 
New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle 
parking provisions of sections 25
-
80
, 36
-
70 and 44
-
60 of the New York city zoning resolution. It shall be presumed 
that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§28
-
504.1.1 Request for bicycle access.
The tenant or subtenant of a building to which this section is applicable 
may request in writing, on a form provided by the department of transportation, that the owner of such building 
complete a bicycle access plan in accordance with section 28
-
504.1.2 a
nd provide bicycle access in accordance 
with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space 
within such tenant’s or subtenant’s premises to store the 
requested number of bicycles in a manner that does not 
violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress 
to such premises or building. Such request shall be sent to such owner by certified 
mail, return receipt requested, 
and a copy of the request shall be filed with the department of transportation.
§28
-
504.1.2 Bicycle access plan.
Bicycle access plans shall comply with sections 28
-
504.1.2.1 through 28
-
504.1.2.4.
§28
-
504.1.2.1 Owner requirement. 
Where a request for a bicycle access plan has been submitted pursuant to 
this section, the owner of such building shall, within 30 days after receipt of such request, complete and im-
plement a bicycle access plan or provide to the tenant or subtenant a copy
of the request for an exception that 
has been filed with the department of transportation in accordance with section 28
-
504.1.3.
§28
-
504.1.2.2 Contents of plan. 
A bicycle access plan shall be completed on a form provided by the depart-
ment of transportation and shall include, at a minimum: 
1.
Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1.
Such elevator will be made available for bicycle access for each building tenant or subtenant who 
requests such access, and employees thereof, during the regulating operating hours of such elevator;
1.2.
Bicycles will be allowed to be transported to and from such elevator along each route that is used to 
transport freight to and from such elevator, to the extent practicable and where such routes do not 
present substantial safety risks;
1.3.
No escort by building personnel will be required for a person transporting a bicycle to or from such 
elevator if no such escort is required when a person is transporting freight to or from such elevator; 
and
1.4.
A person transporting a bicycle to or from such elevator, and any package or other material in such 
person’s possession, shall be subject to the same or substantially similar security measures applicable 
to other persons entering such building or such
elevator;
MISCELLANEOUS PROVISIONS
2.
Provisions allowing bicycles to be brought in or out of such building using one or more designated pas-
senger elevators that the building owner may designate as temporary freight elevators at any time when 
no freight elevator satisfying the conditions of
item 1 is operational;
3.
The location of building entrances; 
4.
The route to freight elevators that accommodate bicycle access; 
5.
The route to a designated area for bicycle parking on an accessible level if such bicycle parking is made 
available; 
6.
A notice to tenants and subtenants informing them of their responsibilities with respect to bicycle storage; 
and
7.
Such other information as the department of transportation may require. 
§28
-
504.1.2.3 Amendment of plan. 
A bicycle access plan may be amended from time to time to 
accommodate 
requests from other tenants or subtenants to provide bicycle access pursuant to this article.
§28
-
504.1.2.4 Limitations. 
If an owner of a building is issued a violation of this code or the New York city 
fire code, or a rule promulgated thereunder, that results from storage of a bicycle, and such owner shows that 
such violation occurred in an area of such building that is und
er the control of a tenant or subtenant, such owner 
may restrict or limit bicycle access under the bicycle access plan for such tenant or subtenant.
§28
-
504.1.3 Exceptions.
Bicycle access need not be provided pursuant to this section if the commissioner of 
transportation grants an exception for such building under this section. Such commissioner may grant such an 
exception if an owner of such building applies to such commissi
oner for an exception, on a form provided by the 
department of transportation and sent to the department of transportation by certified mail, return receipt re-
quested, within fifteen days after such owner has received a request for 
a bicycle access plan, and certifies that 
either:
1.
No freight elevator in such building is available for the use described in this section because unique circum-
stances exist involving substantial safety risks directly related to the use of each such elevator. Such applica-
tion shall include the reasons f
or such assertion and supporting documentation; or
2.
There is sufficient secure alternate covered no
-
cost off
-
street bicycle parking or sufficient secure alternate 
indoor no
-
cost bicycle parking available on the premises or within four blocks or 1,000 feet (304.8 m), which-
ever is less, of such building to
accommodate all tenants or subtenants of such building requesting bicycle 
access and that such off
-
street parking is accessible on a 24
-
hour basis. Such application shall include sup-
porting documentation for such assertion, including proof that such alter
nate off
-
street or indoor parking is 
available to or under the control of such owner.
If an exception is sought pursuant to item 1 of this section, the department shall conduct an inspection of the 
building and each freight elevator and shall thereafter issue a final determination as to whether to grant an excep-
tion. If an exception is soug
ht pursuant to item 2 of this section, the department, in consultation with the department 
of transportation, shall thereafter conduct an inspection of the secure alternate no
-
cost covered off
-
street bicycle 
parking, secure indoor no
-
cost bicycle parking a
nd the department of transportation shall thereafter issue a final 
determination as to whether to grant an exception. In either event, a letter of exception or denial shall be sent by 
certified mail, return receipt requested, to the owner, lessee, manager 
or other person in control of the building. If 
the exception is denied, a bicycle access plan shall be posted within 20 days after receipt of such determination. 
Failure to timely post a bicycle access plan shall be cause for the issuance of a violation.
§28
-
504.1.4 Posting and availability of bicycle access plan or letter of exception. 
Bicycle access plans shall be 
posted and made available as provided in sections 28
-
504.1.4.1 through 28
-
504.1.4.3.
§28
-
504.1.4.1 Posting of plan. 
The owner of a building subject to this section shall either post in such building 
each bicycle access plan that is in effect, notifying the requesting tenants and subtenants of their right to bicycle 
access in accordance with such plan, or shall post a no
tice in the building lobby indicating that such plan is 
available in the office of the building manager upon request. Either such posting shall be made within five 
days after completion of such plan. Such posting or notice sh
all indicate the other tenants or subtenants are 
entitled to access according to the plan upon request, provided such tenants and subtenants, upon making such 
request, certify that there is sufficient space within such tenant’s or subtenant’s premises to s
tore the requested 
MISCELLANEOUS PROVISIONS
number of bicycles in a manner that does not violate the building or fire code or any other applicable law, rule 
or code, or which would impede ingress or egress to such premises or building.
§28
-
504.1.4.2 Posting of exception letter. 
The owner of such building shall post in such building any letter of 
exception granted by the commissioner or commissioner of transportation, including the basis or bases for the 
exception and, if applicable, the route to alternate off
-
street or indoor par
king, as provided in section 28
-
504.1.3, or shall post a notice in the building lobby indicating that such letter is available in the office of the 
building manager upon request. Either such posting shall be made 
within five days after receipt of such letter 
of exception. 
§28
-
504.1.4.3 Location. 
Plans, letters of exception or notices of availability of either shall be posted in a 
prominent location easily visible to a building’s tenants, subtenants and the building’s employees, and shall be 
made available upon request by the department, the depart
ment of transportation or authorized representatives 
of any other city agency. 
§28
-
504.1.5 Filing of plan.
The department or department of transportation may require that plans implemented 
pursuant to the provisions of this section be filed with either such agency.
§28
-
504.2 Construction.
Nothing in this article shall be construed to require an owner of a building governed by 
this article to provide space for bicycles brought into such building or to permit a bicycle to be parked in a manner 
that violates building or fire codes or any other
applicable law, rule or code, or which otherwise impedes ingress or 
egress to such building.
§28
-
504.3 Foldable bicycle access.
It shall be unlawful for an owner of a building the main occupancy of which is 
offices that are classified in occupancy group B to bar a tenant or subtenant from transporting a foldable bicycle to or 
from such tenant or subtenants space on a passenger ele
vator, provided that such bicycle is fully folded. For purposes 
of this section, the term “foldable bicycle” means a bicycle designed to fold into a compact assembly not exceeding 
20 inches (508 mm) by 36 inches (914 mm) b
y 32 inches (813 mm).
§28
-
504.4 Emergencies.
In an emergency that requires an evacuation of all or part of such a building, the owner may 
limit or restrict bicycles and foldable bicycles from being transported through any means of egress.
§28
-
504.5 Bicycle access to residential buildings.
In any building the main use or dominant occupancy of which is 
classified as occupancy group R
-
2 it shall be unlawful for an owner to bar a tenant or subtenant from using a passenger 
elevator to transport a bicycle to and from such tenant’s or subtenant’s
dwelling unit. 
Exceptions:
1.
An owner may bar tenants or subtenants from utilizing passenger elevators to transport bicycles where (i) a 
freight elevator is provided for bicycle access to and from such tenants’ or subtenants’ dwelling units, pro-
vided that passenger elevators may be
used during any period of time such freight elevator is not operating 
and (ii) there is no requirement that building personnel escort such tenants or subtenants when using the 
freight elevator. 
2.
An owner may limit bicycle access to one or more passenger elevators designated for such access.
§28
-
504.6 Foldable bicycles on passenger elevators in residential buildings.
In any building classified in occu-
pancy group R, it shall be unlawful for an owner to bar a tenant or subtenant from transporting a foldable bicycle on 
a passenger elevator provided that such bicycle is fully folded. For purposes of this section, the term
“foldable bicycle” 
means a bicycle designed to fold into a compact assembly not exceeding 20 inches (508 mm) by 36 inches (914 mm) 
by 32 inches (813 mm).
ARTICLE 505
CERTIFICATION OF NO HARASSMENT PILOT PROGRAM
§28
-
505.1 General.
The commissioner shall not approve construction documents, nor issue an initial or reinstate 
permit in connection therewith, for the alteration or demolition of a pilot program building identified by the department 
of housing preservation and development 
pursuant to section 27
-
2093.1 except as set forth in this article. Applications 
for post approval amendments to construction documents are subject to this article where the application proposes a 
change within a covered category of work a
s set forth in section 28
-
505.3.
MISCELLANEOUS PROVISIONS
§28
-
505.2 Definitions.
As used in this article, the following terms have the following meanings:
LOW INCOME HOUSING.
The term “low income housing” has the same meaning as in section 27
-
2093.1 of the 
New York city housing maintenance code.
O
WNER.
The term “owner” has the same meaning as in section 27
-
2004 of the New York city housing maintenance 
code.
PILOT PROGRAM BUILDING.
The term “pilot program building” has the same meaning as in section 27
-
2093.1 
of the housing maintenance code.
‡‡‡
*
§28
-
505.3 Covered categories of work.
Applications for the approval of construction documents for the fol-
lowing categories of work are covered by this article:‡
1.
Demolition of all or part of the pilot program building, other than interior demolition being conducted in the 
course of renovation of occupied units for the purpose of repair to such units where the commissioner determines 
that the issuance of such per
mit is necessary to perform work to protect public health and safety;
2.
Change of use or occupancy of all or part of a dwelling unit, any residential portion of the pilot program building, 
or any part of such building serving 
such dwelling units;
3.
Any alteration resulting in the addition or removal of kitchen or bathrooms, an increase or decrease in the number 
of dwelling units, or any change to the layout, configuration, or location of any portion of any dwelling unit;
4.
An application for a new or amended certificate of occupancy; or
5.
Such other types of alteration work to a pilot program building as shall be prescribed by rule of the commissioner 
of housing preservation and development. 
Exceptions:
1.
Work solely for the purpose of either (i) making the public areas of a pilot program building accessible to 
persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making 
the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall 
not be covered by this article.
2.
Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract 
with a city agency shall not be covered by this article.
3.
Repairs, replacement, modification, or partial demolition work in a building that is the minimum required to 
be performed to address conditions for rescission of a vacate order issued by the department of housing 
preservation and development or the depa
rtment.
4.
Work performed on a building that has an administrator currently appointed pursuant to article seven
-
a of the 
real property actions and proceedings law shall not be covered by this article.
5.
Other categories of work that are excluded from the definition of covered categories of work by rule of the 
department of housing preservation and development shall not be covered by this article.
*Section §28
-
505.3
was amended by 
Local Law 1
40
of 2021
. This law has an effective date of 
October
31
, 202
1. 
§28
-
505.4 Required submittal documents.
The commissioner shall not approve any construction documents, nor 
issue an initial or reinstated permit in connection therewith, for a pilot program building for the covered categories of 
work unless the applicant provides:
1.
A sworn affidavit by or on behalf of all the owners of such building that has been provided to the department of 
housing preservation and development, which states that there will be no harassment of the lawful occupants of 
such building by or on behalf
of such owners during the construction period;
2.
A tenant protection plan as provided for in this code; and
3.
The following documents from the commissioner of housing preservation and development:
3.1.
A current certification of no harassment that there has been no harassment of the lawful occupants of such 
pilot program building within the 60 month period prior to submission of an application for such 
MISCELLANEOUS PROVISIONS
certification to the department of housing preservation and development, provided, however, that such cer-
tification of no harassment shall except any portion of such 60 month period during which title was vested 
in the city;
3.2.
A waiver of such certification; or
3.3.
A certification that a restrictive declaration, in accordance with subdivision e of section 27
-
2093.1 of the 
housing maintenance code, has been recorded in the office of the city register or the Richmond county clerk 
and indexed as provided by the dep
artment of housing preservation and development.
§28
-
505.5 Process.
Application for a certification of no harassment or waiver shall be made pursuant to section 27
-
2093.1 of the housing maintenance code.
§28
-
505.6 Time period for approval or rejection of construction documents.
The time period in which the com-
missioner is required to approve or reject an application for construction document approval or resubmission thereof 
pursuant to this code shall commence from the date that the commissioner receives the documents required p
ursuant 
to item 3 of section 28
-
505.4.
§28
-
505.7 Certificate of occupancy.
The department shall not issue any temporary or permanent certificate of occu-
pancy for any new or existing structure or portion thereof on a lot subject to an restrictive declaration pursuant to 
subdivision e of section 27
-
2093.1 of the housing maintenance code, other than for any low income housing located 
on such lot, until the department of housing preservation and development certifies that the low income housing re-
quired by such restrictive declaration has been compl
eted in compliance with the restrictive declaration and the de-
partment has issued a temporary or permanent certificate of occupancy for each unit of low income housing covered 
by such restrictive declaration.
§28
-
505.8 Request for stop
-
work or rescission.
The commissioner shall be empowered to issue a stop
-
work notice 
or order with respect to an alteration or demolition permit or to rescind approval of construction documents at the 
request of the commissioner of housing preservation and development pursuan
t to section 27
-
2093.1 of the housing 
maintenance code.
*
ARTICLE 506
EMISSION PROFILE OF BUILDINGS
*Article 
§28
-
506
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
§28
-
506.1 Prohibited Emissions in New Buildings. 
New buildings shall be subject to the emissions limits set forth 
in section 24
-
177.1.
The commissioner shall not approve an application for the approval of construction documents, 
nor issue any permit in connection therewith, for a new building that does not comply with section 24
-
177.1.
Exceptions
: 
1.
A building that is seven stories or more where an application for the approval of construction documents is 
submitted on or before July 1, 2027.
2.
A building that is less than seven stories where an application for the approval of construction documents is 
submitted on or before December 31, 2023. 
3.
A building, other than a building
‡
that is classified as group R
-
3, where such emissions are in connection 
with the provision of hot water and an application for the approval of construction documents is submitted 
on or before July 1, 2027.
4.
A building that is less than seven stories where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive dec
laration, or similar instrument with a federal, state, or local govern-
mental entity or instrumentality for the creation or preservation of affordable housing, and an application for 
the approval of construction documents is submitted before December 31, 20
25.
5.
A building that is seven stories or more where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive decla
ration, or similar instrument with a federal, state, or local 
MISCELLANEOUS PROVISIONS
governmental entity or instrumentality for the creation or preservation of affordable housing, and an appli-
cation for the approval of construction documents is submitted before December 31, 2027.
6.
A building that will be primarily used by a utility regulated by the public service commission for the gener-
ation of electric power or steam. 
7.
A building within a facility operated by the department of environmental protection that treats sewage or 
food waste.
8.
An application filed by or on behalf of the school construction authority submitted before December 31, 
2024.
9.
A building where it would not be required to comply with section 24
-
177.1 because the combustion of a 
substance that emits 25 kg or more of carbon dioxide per million British thermal units of energy is necessary 
for a manufacturing use or purpose, or for the operation of a laboratory, laundromat, hospital, crematorium, 
commercial kitchen as defined in section 602 of the New York city fire code, or where used for emergency 
or standby power, or other use allowed by rule of the department, to the extent necessary for, and in the space 
occupied by such use or purpose.
*Section §28
-
506
.1
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
ARTICLE 50
7 
PILOT PROGRAM FOR ELIGBILE BASEMENT AND CELLAR RESIDENCES
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§28
-
507.1 Definitions. 
For purposes of this article, the following terms have the following
meanings:
APARTMENT. 
The term “apartment” has the same meaning as defined in section BC 202 of the
New York city 
building code.
APPLICATION. 
The term “application” means an application for authorization for temporary
residence pursuant to 
this article.
AUTHORIZATION FOR TEMPORARY RESIDENCE. 
The term “authorization for
temporary” residence means 
an authorization issued by the department pursuant to section 28
-
507.4 authorizing the temporary use of an eligible 
basement or cellar as an apartment prior to the
issuance of a certificate of occupancy or temporary certificate of occu-
pancy for such use.
BASEMENT. 
The term “basement” means a story partly below the grade plane and having less
than one
-
half of its 
clear height, measured from finished floor to finished ceiling, below the grade
plane.
CELLAR. 
The term “cellar” means that portion of a building that is partly or wholly
underground, and having one
-
half or more of its clear height, measured from finished floor to
finished ceiling, below the grade plane.
ELIGIBLE BASEMENT OR CELLAR RESIDENCE. 
The term “eligible basement or cellar
residence” means a 
basement or cellar in an existing dwelling within the program area, unlawfully
arranged to be occupied as an apartment 
with acceptable 
kitchen and sanitation facilities as
described in department rules, and which apartment was in exist-
ence prior to April 20, 2024.
FAMILY. 
The term “family” has the same meaning as defined in the multiple dwelling law, except
that as used in 
this article, family shall not include any boarders, roomers, or lodgers.
PRE
-
EXISTING VIOLATION. 
The term “pre
-
existing violation” means a violation issued by an
agency of the city 
of New York for the illegal occupancy of a basement or a cellar for which a
notice of violation, administrative sum-
mons, criminal court summons, or other process was issued
prior to the date of issuance of an authorization for tem-
porary residence by the department
pursuant to this article.
PROGRAM AREA. 
The term “program” area means Bronx community district 9; Bronx
community district 10; 
Bronx community district 11; Bronx community district 12; Brooklyn
community district 4; Brooklyn community 
district 10; Brooklyn community district 11; Brooklyn
community district 17; Manhattan community district 2; 
MISCELLANEOUS PROVISIONS
Manhattan community district 3;
Manhattan community district 9; Manhattan community district 10; Manhattan com-
munity district
11; Manhattan community district 12; and Queens community district 2, and such other
community 
districts as may be authorized pursuant to section 289 of the multiple dwelling law.
RENTED. 
The term “rented” means leased, let, or hired out, with or without a written agreement.
TEMPORARY RESIDENCE PROGRAM. 
The term “temporary residence program” means a
program established 
pursuant to this article to facilitate the legalization of eligible basement and
cellar residences within the program area 
and to authorize their temporary use as apartments
pending the issuance of a certificate of occupancy or temporary 
certificate of occupancy for such
use.
TENANT. 
The term “tenant” means an individual to whom an eligible basement or cellar
residence is rented.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.2 Eligibility. 
This article applies to private dwellings and multiple dwellings. The
department shall estab-
lish a temporary residence program in accordance with 
this article. To
participate in such program, an owner of an 
eligible basement or cellar residence shall apply for
authorization for temporary residence pursuant to section 28
-
507.4 on or before April 20, 2029.
An application for temporary residence may not be made where the eligible base-
ment or cellar
residence is located within the 10
-
year rainfall flood risk area or the coastal flood risk area as
described 
in section 24
-
809, except as otherwise allowed pursuant to the New York city zoning
resolution.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.3 Occupancy. 
Notwithstanding section 27
-
751 of the 1968 New York city building code,
section 27
-
2087, 
section 1208.2 of the New York city building code, any applicable laws in
existence prior to December 6, 1968, or 
any provision of any other local law or the multiple
dwelling law that is inconsistent with or that would frustrate the 
purpose of this article, the
department may authorize the use of an eligible basement or cellar residence within the 
program
area as an apartment in accordance with th
is article.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4 Authorization for temporary residence. 
The department may issue an authorization
for temporary res-
idence for the use of an eligible basement or cellar residence in the program
area as an apartment prior to the issuance 
of a certificate of occupancy or temporary certificate
of occupancy in accordance with this section. The owner of an 
eligible basement or cellar
residence may submit an application for an authorization for temporary residence to the
department in a form and manner determined by th
e department. An application for an
authorization for temporary 
residence may not be used as the basis for an enforcement action for
illegal occupancy of such residence, provided 
that nothing in this article shall be construed to
prevent the issuance of a vacate order for an imminently hazardous or 
otherwise unsafe condition.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.1 Issuance of authorization for temporary residence. 
The department may issue
an authorization
for temporary residence upon determining that:
1. The basement or cellar referenced in such application is an eligible basement or cellar
residence;
2. Such eligible basement or cellar residence contains an apartment that was in existence
prior to April 20, 2024; 
and
3. Such eligible basement or cellar residence has been inspected, and:
3.1 Would not pose an imminent risk to the life or safety of occupants;
3.2 Contains a battery
-
operated or hard
-
wired smoke detector and carbon monoxide
detector;
3.3 Contains at least 1 means of egress directly to the outdoors in accordance with the
construction standards 
of chapter 10 of the New York city building code, including
access to a public way. Such means of egress 
shall be an exterior door that swings
inward and is provided with landings on both the interior and exterior 
sides in
accordance with section 1010.1.6 of the New York city building code; and
MISCELLANEOUS PROVISIONS
3.4 Has a minimum clear ceiling height in accordance with section 202.5 of appendix
U of the New York 
city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.2 Rulemaking. 
The department, in consultation with the fire department and the
office of emergency 
management, shall adopt rules governing the occupancy and use, prior to
the issuance of a certificate of occupancy 
or temporary certificate of occupancy, of eligible
basement and cellar residences that have been issued an author-
ization for temporary
residence, including minimum housing maintenance standards. Such rules shall:
1. Require occupancy of an eligible basement or cellar residence by not more than 1 family
maintaining a 
common household;
2. Prohibit an owner or occupant from renting or offering to rent such eligible basement
or cellar residence 
for less than 30 consecutive days; and
3. Prohibit registration of such residence for short
-
term rental pursuant to chapter 31 of
title 26.
Except as otherwise provided in such rules, the provisions of chapter 2 of title 27 shall not
apply to such eligible 
basement and cellar residences.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.3 Vacate orders. 
The department, the department of housing preservation and
development, or the 
fire department may stay an order to vacate an eligible basement or cellar
residence once an 
owner has applied 
for authorization for temporary residence or at any time
following the issuance of an authorization for temporary 
residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.4 Expiration of authorization for temporary residence. 
An authorization for
temporary residence 
expires 10 years after the date of its issuance. Prior to such expiration
date, the owner must obtain a certificate of 
occupancy or temporary certificate of occupancy
for such residence in accordance with section 28
-
507.6. An 
owner must comply with the
conditions set forth in section 28
-
507.4.5 during such 10
-
year period. The issuance 
of an
authorization for temporary residence allows occupancy of the
eligible basement or cellar
residence prior 
to the issuance of a certificate of occupancy or temporary certificate of
occupancy.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5 Requirements for maintaining an authorization for temporary residence. 
An
authorization for 
temporary residence shall be subject to the requirements set out in sections
28
-
507.4.5.1, 28
-
507.4.5.2, and 28
-
507.4.5.3
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5.1 Requirements within 3 months. 
Not later than 3 months following the date
such authori-
zation is issued, the owner must submit documentation in a form and manner
determined by the department 
establishing that:
1. Such eligible basement or cellar residence has smoke and carbon monoxide alarms
in 
accordance with 
sections U103.6.2 and U103.6.3 of appendix U of the New York
city building code;
2. Such eligible basement or cellar residence has water sensors and alarms in
accordance with section 
U202.11 of appendix U of the New York city building code;
3. Such eligible basement or cellar residence has the required signage posted in a
manner prescribed by 
chapter 2 of title 27 and the rules of the department of housing
preservation and development; and
4. The owner has notified any tenants in such eligible basement or cellar residence
about enrollment in 
an emergency alert system operated by the office of emergency
management.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§28
-
507.1 Definitions. 
For purposes of this article, the following terms have the following
meanings:
APARTMENT. 
The term “apartment” has the same meaning as defined in section BC 202 of the
New York city 
building code.
APPLICATION. 
The term “application” means an application for authorization for temporary
residence pursuant to 
this article.
AUTHORIZATION FOR TEMPORARY RESIDENCE. 
The term “authorization for
temporary” residence means 
an authorization issued by the department pursuant to section 28
-
507.4 authorizing the temporary use of an eligible 
basement or cellar as an apartment prior to the
issuance of a certificate of occupancy or temporary certificate of occu-
pancy for such use.
BASEMENT. 
The term “basement” means a story partly below the grade plane and having less
than one
-
half of its 
clear height, measured from finished floor to finished ceiling, below the grade
plane.
CELLAR. 
The term “cellar” means that portion of a building that is partly or wholly
underground, and having one
-
half or more of its clear height, measured from finished floor to
finished ceiling, below the grade plane.
ELIGIBLE BASEMENT OR CELLAR RESIDENCE. 
The term “eligible basement or cellar
residence” means a 
basement or cellar in an existing dwelling within the program area, unlawfully
arranged to be occupied as an apartment 
with acceptable 
kitchen and sanitation facilities as
described in department rules, and which apartment was in exist-
ence prior to April 20, 2024.
FAMILY. 
The term “family” has the same meaning as defined in the multiple dwelling law, except
that as used in 
this article, family shall not include any boarders, roomers, or lodgers.
PRE
-
EXISTING VIOLATION. 
The term “pre
-
existing violation” means a violation issued by an
agency of the city 
of New York for the illegal occupancy of a basement or a cellar for which a
notice of violation, administrative sum-
mons, criminal court summons, or other process was issued
prior to the date of issuance of an authorization for tem-
porary residence by the department
pursuant to this article.
PROGRAM AREA. 
The term “program” area means Bronx community district 9; Bronx
community district 10; 
Bronx community district 11; Bronx community district 12; Brooklyn
community district 4; Brooklyn community 
district 10; Brooklyn community district 11; Brooklyn
community district 17; Manhattan community district 2; 
MISCELLANEOUS PROVISIONS
Manhattan community district 3;
Manhattan community district 9; Manhattan community district 10; Manhattan com-
munity district
11; Manhattan community district 12; and Queens community district 2, and such other
community 
districts as may be authorized pursuant to section 289 of the multiple dwelling law.
RENTED. 
The term “rented” means leased, let, or hired out, with or without a written agreement.
TEMPORARY RESIDENCE PROGRAM. 
The term “temporary residence program” means a
program established 
pursuant to this article to facilitate the legalization of eligible basement and
cellar residences within the program area 
and to authorize their temporary use as apartments
pending the issuance of a certificate of occupancy or temporary 
certificate of occupancy for such
use.
TENANT. 
The term “tenant” means an individual to whom an eligible basement or cellar
residence is rented.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.2 Eligibility. 
This article applies to private dwellings and multiple dwellings. The
department shall estab-
lish a temporary residence program in accordance with 
this article. To
participate in such program, an owner of an 
eligible basement or cellar residence shall apply for
authorization for temporary residence pursuant to section 28
-
507.4 on or before April 20, 2029.
An application for temporary residence may not be made where the eligible base-
ment or cellar
residence is located within the 10
-
year rainfall flood risk area or the coastal flood risk area as
described 
in section 24
-
809, except as otherwise allowed pursuant to the New York city zoning
resolution.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.3 Occupancy. 
Notwithstanding section 27
-
751 of the 1968 New York city building code,
section 27
-
2087, 
section 1208.2 of the New York city building code, any applicable laws in
existence prior to December 6, 1968, or 
any provision of any other local law or the multiple
dwelling law that is inconsistent with or that would frustrate the 
purpose of this article, the
department may authorize the use of an eligible basement or cellar residence within the 
program
area as an apartment in accordance with th
is article.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4 Authorization for temporary residence. 
The department may issue an authorization
for temporary res-
idence for the use of an eligible basement or cellar residence in the program
area as an apartment prior to the issuance 
of a certificate of occupancy or temporary certificate
of occupancy in accordance with this section. The owner of an 
eligible basement or cellar
residence may submit an application for an authorization for temporary residence to the
department in a form and manner determined by th
e department. An application for an
authorization for temporary 
residence may not be used as the basis for an enforcement action for
illegal occupancy of such residence, provided 
that nothing in this article shall be construed to
prevent the issuance of a vacate order for an imminently hazardous or 
otherwise unsafe condition.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.1 Issuance of authorization for temporary residence. 
The department may issue
an authorization
for temporary residence upon determining that:
1. The basement or cellar referenced in such application is an eligible basement or cellar
residence;
2. Such eligible basement or cellar residence contains an apartment that was in existence
prior to April 20, 2024; 
and
3. Such eligible basement or cellar residence has been inspected, and:
3.1 Would not pose an imminent risk to the life or safety of occupants;
3.2 Contains a battery
-
operated or hard
-
wired smoke detector and carbon monoxide
detector;
3.3 Contains at least 1 means of egress directly to the outdoors in accordance with the
construction standards 
of chapter 10 of the New York city building code, including
access to a public way. Such means of egress 
shall be an exterior door that swings
inward and is provided with landings on both the interior and exterior 
sides in
accordance with section 1010.1.6 of the New York city building code; and
MISCELLANEOUS PROVISIONS
3.4 Has a minimum clear ceiling height in accordance with section 202.5 of appendix
U of the New York 
city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.2 Rulemaking. 
The department, in consultation with the fire department and the
office of emergency 
management, shall adopt rules governing the occupancy and use, prior to
the issuance of a certificate of occupancy 
or temporary certificate of occupancy, of eligible
basement and cellar residences that have been issued an author-
ization for temporary
residence, including minimum housing maintenance standards. Such rules shall:
1. Require occupancy of an eligible basement or cellar residence by not more than 1 family
maintaining a 
common household;
2. Prohibit an owner or occupant from renting or offering to rent such eligible basement
or cellar residence 
for less than 30 consecutive days; and
3. Prohibit registration of such residence for short
-
term rental pursuant to chapter 31 of
title 26.
Except as otherwise provided in such rules, the provisions of chapter 2 of title 27 shall not
apply to such eligible 
basement and cellar residences.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.3 Vacate orders. 
The department, the department of housing preservation and
development, or the 
fire department may stay an order to vacate an eligible basement or cellar
residence once an 
owner has applied 
for authorization for temporary residence or at any time
following the issuance of an authorization for temporary 
residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.4 Expiration of authorization for temporary residence. 
An authorization for
temporary residence 
expires 10 years after the date of its issuance. Prior to such expiration
date, the owner must obtain a certificate of 
occupancy or temporary certificate of occupancy
for such residence in accordance with section 28
-
507.6. An 
owner must comply with the
conditions set forth in section 28
-
507.4.5 during such 10
-
year period. The issuance 
of an
authorization for temporary residence allows occupancy of the
eligible basement or cellar
residence prior 
to the issuance of a certificate of occupancy or temporary certificate of
occupancy.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5 Requirements for maintaining an authorization for temporary residence. 
An
authorization for 
temporary residence shall be subject to the requirements set out in sections
28
-
507.4.5.1, 28
-
507.4.5.2, and 28
-
507.4.5.3
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5.1 Requirements within 3 months. 
Not later than 3 months following the date
such authori-
zation is issued, the owner must submit documentation in a form and manner
determined by the department 
establishing that:
1. Such eligible basement or cellar residence has smoke and carbon monoxide alarms
in 
accordance with 
sections U103.6.2 and U103.6.3 of appendix U of the New York
city building code;
2. Such eligible basement or cellar residence has water sensors and alarms in
accordance with section 
U202.11 of appendix U of the New York city building code;
3. Such eligible basement or cellar residence has the required signage posted in a
manner prescribed by 
chapter 2 of title 27 and the rules of the department of housing
preservation and development; and
4. The owner has notified any tenants in such eligible basement or cellar residence
about enrollment in 
an emergency alert system operated by the office of emergency
management.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
MISCELLANEOUS PROVISIONS
*
§ 28
-
507.4.5.2 Authorization requirements within 1 year. 
Not later than 1 year following
the date such 
authorization is issued, the owner must submit documentation in a form and
manner determined by the de-
partment establishing that such eligible basement or cellar
residence:
1. Complies with the fire separation standards set forth in section U202.7 of appendix
U of the New 
York city building code; and
2. Is tested and meets the standard set forth in rules promulgated by the department of
health and mental 
hygiene in consultation with the mayor’s office of environmental
remediation, in accordance with sec-
tions U202.9 and U202.10 of appendix U of the
New York city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5.3 Authorization requirements within 2 years. 
Not later than 2 years
following the date such 
authorization is issued, the owner must submit documentation in a
form and manner determined by the de-
partment establishing that such eligible basement
or cellar residence has an automatic sprinkler system in 
accordance with section U103.6.1
of Appendix U of the New York city building code and section 28
-
507.9, 
provided, however,
that notwithstanding any provision of this article or the multiple dwelling law, in no case
shall the addition of an eligible basement or cellar residence require the installation of an
automatic sprinkler 
outside of the eligible basement or cellar residence, or outside of the
means of egress from such residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.6 Additional safety or construction requirements. 
An eligible basement or cellar
residence must 
be in compliance with any additional safety or construction requirements
established pursuant to rules promul-
gated by the department in consultation with the fire
department and the office of emergency management.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.5 Deferral or waiver of penalties by the department. 
Payment of any civil penalties for
violations issued 
by the department that would otherwise be required to be paid by an owner of an
eligible basement or cellar residence 
before the issuance of a permit for alterations to comply with
section 28
-
507.4 may be deferred, and upon issuance of 
a certificate of occupancy or temporary
certificate of occupancy in accordance with section 28
-
507.6, such deferred 
amounts may be
waived. Notwithstanding the p
receding sentence, deferred amounts shall continue to be due and
owing to the department. Where an owner fails to comply with the requirements of this article,
deferred amounts shall 
no longer be deferred and payment may be enforced in accordance with
this code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6 Certificates of occupancy pursuant to this article. 
Notwithstanding any inconsistent
provision of the 
multiple dwelling law, article 118 of chapter 1, or of any other law, where an
eligible basement or cellar residence in 
a one
- 
or two
-
family home has been issued an
authorization for temporary residence in accordance with section 28
-
507.4, the department may
issue a certificate of occupancy pursuant to the article as follows:
1. For a building erected prior to January 1, 1938 that does not have and is not otherwise
required to have a 
certificate of occupancy, issue a partial certificate of occupancy limited to
the new or altered apartment in the 
basement of a building or the new apartment in the cellar
of a building.
2. For a building with an existing certificate of occupancy, issue an amended certificate of
occupancy limited to 
the new or altered apartment in the basement of such building or the new
apartment in the cellar of such building.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.1 Issuance of an amended or partial certificate of occupancy. 
A partial or
amended certificate of 
occupancy shall be issued subject to the following conditions:
1. Upon inspection, the apartment being created or altered (i) conforms substantially to
the approved con-
struction documents, complies with this code and other applicable laws,
except as specifically provided in 
this article, and is safe for occupancy, or (ii) the
department upon an inspection certifies that waiver of oth-
erwise applicable requirements
is appropriate because such apartment provides for the health and safety of 
all occupants
of such dwelling by alternative means that are no less stringent than the requirements of
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
MISCELLANEOUS PROVISIONS
bond or other form of security acceptable to the department in an amount which will secure the payment of such 
costs and any fines or civil penalties which may be imposed for the violation.
§28
-
503.10 Definitions.
For the purposes of this article the terms “sign” and “surface area,” in reference to a sign, 
shall be as defined under section 12
-
10 of the zoning resolution.
§28
-
503.11 Review of order.
An order of the commissioner issued pursuant to this article shall be a final determi-
nation of the commissioner for purposes of review pursuant to article seventy
-
eight of the civil practice law and 
rules. Notwithstanding any inconsistent provision of para
graph (a) of subdivision six of section six hundred sixty
-
six of the New York city charter, such order shall not be subject to review by the board of standards and appeals.
ARTICLE 504
BICYCLE ACCESS TO BUILDINGS
§28
-
504.1 Bicycle access to certain office buildings.
This section shall apply to buildings that satisfy each of the 
following conditions: (i)    the main occupancy of such building is offices that    are classified as occupancy 
group B, 
(ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before 
such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies 
with ASME 
A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the 
New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle 
parking provisions of sections 25
-
80
, 36
-
70 and 44
-
60 of the New York city zoning resolution. It shall be presumed 
that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§28
-
504.1.1 Request for bicycle access.
The tenant or subtenant of a building to which this section is applicable 
may request in writing, on a form provided by the department of transportation, that the owner of such building 
complete a bicycle access plan in accordance with section 28
-
504.1.2 a
nd provide bicycle access in accordance 
with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space 
within such tenant’s or subtenant’s premises to store the 
requested number of bicycles in a manner that does not 
violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress 
to such premises or building. Such request shall be sent to such owner by certified 
mail, return receipt requested, 
and a copy of the request shall be filed with the department of transportation.
§28
-
504.1.2 Bicycle access plan.
Bicycle access plans shall comply with sections 28
-
504.1.2.1 through 28
-
504.1.2.4.
§28
-
504.1.2.1 Owner requirement. 
Where a request for a bicycle access plan has been submitted pursuant to 
this section, the owner of such building shall, within 30 days after receipt of such request, complete and im-
plement a bicycle access plan or provide to the tenant or subtenant a copy
of the request for an exception that 
has been filed with the department of transportation in accordance with section 28
-
504.1.3.
§28
-
504.1.2.2 Contents of plan. 
A bicycle access plan shall be completed on a form provided by the depart-
ment of transportation and shall include, at a minimum: 
1.
Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1.
Such elevator will be made available for bicycle access for each building tenant or subtenant who 
requests such access, and employees thereof, during the regulating operating hours of such elevator;
1.2.
Bicycles will be allowed to be transported to and from such elevator along each route that is used to 
transport freight to and from such elevator, to the extent practicable and where such routes do not 
present substantial safety risks;
1.3.
No escort by building personnel will be required for a person transporting a bicycle to or from such 
elevator if no such escort is required when a person is transporting freight to or from such elevator; 
and
1.4.
A person transporting a bicycle to or from such elevator, and any package or other material in such 
person’s possession, shall be subject to the same or substantially similar security measures applicable 
to other persons entering such building or such
elevator;
MISCELLANEOUS PROVISIONS
2.
Provisions allowing bicycles to be brought in or out of such building using one or more designated pas-
senger elevators that the building owner may designate as temporary freight elevators at any time when 
no freight elevator satisfying the conditions of
item 1 is operational;
3.
The location of building entrances; 
4.
The route to freight elevators that accommodate bicycle access; 
5.
The route to a designated area for bicycle parking on an accessible level if such bicycle parking is made 
available; 
6.
A notice to tenants and subtenants informing them of their responsibilities with respect to bicycle storage; 
and
7.
Such other information as the department of transportation may require. 
§28
-
504.1.2.3 Amendment of plan. 
A bicycle access plan may be amended from time to time to 
accommodate 
requests from other tenants or subtenants to provide bicycle access pursuant to this article.
§28
-
504.1.2.4 Limitations. 
If an owner of a building is issued a violation of this code or the New York city 
fire code, or a rule promulgated thereunder, that results from storage of a bicycle, and such owner shows that 
such violation occurred in an area of such building that is und
er the control of a tenant or subtenant, such owner 
may restrict or limit bicycle access under the bicycle access plan for such tenant or subtenant.
§28
-
504.1.3 Exceptions.
Bicycle access need not be provided pursuant to this section if the commissioner of 
transportation grants an exception for such building under this section. Such commissioner may grant such an 
exception if an owner of such building applies to such commissi
oner for an exception, on a form provided by the 
department of transportation and sent to the department of transportation by certified mail, return receipt re-
quested, within fifteen days after such owner has received a request for 
a bicycle access plan, and certifies that 
either:
1.
No freight elevator in such building is available for the use described in this section because unique circum-
stances exist involving substantial safety risks directly related to the use of each such elevator. Such applica-
tion shall include the reasons f
or such assertion and supporting documentation; or
2.
There is sufficient secure alternate covered no
-
cost off
-
street bicycle parking or sufficient secure alternate 
indoor no
-
cost bicycle parking available on the premises or within four blocks or 1,000 feet (304.8 m), which-
ever is less, of such building to
accommodate all tenants or subtenants of such building requesting bicycle 
access and that such off
-
street parking is accessible on a 24
-
hour basis. Such application shall include sup-
porting documentation for such assertion, including proof that such alter
nate off
-
street or indoor parking is 
available to or under the control of such owner.
If an exception is sought pursuant to item 1 of this section, the department shall conduct an inspection of the 
building and each freight elevator and shall thereafter issue a final determination as to whether to grant an excep-
tion. If an exception is soug
ht pursuant to item 2 of this section, the department, in consultation with the department 
of transportation, shall thereafter conduct an inspection of the secure alternate no
-
cost covered off
-
street bicycle 
parking, secure indoor no
-
cost bicycle parking a
nd the department of transportation shall thereafter issue a final 
determination as to whether to grant an exception. In either event, a letter of exception or denial shall be sent by 
certified mail, return receipt requested, to the owner, lessee, manager 
or other person in control of the building. If 
the exception is denied, a bicycle access plan shall be posted within 20 days after receipt of such determination. 
Failure to timely post a bicycle access plan shall be cause for the issuance of a violation.
§28
-
504.1.4 Posting and availability of bicycle access plan or letter of exception. 
Bicycle access plans shall be 
posted and made available as provided in sections 28
-
504.1.4.1 through 28
-
504.1.4.3.
§28
-
504.1.4.1 Posting of plan. 
The owner of a building subject to this section shall either post in such building 
each bicycle access plan that is in effect, notifying the requesting tenants and subtenants of their right to bicycle 
access in accordance with such plan, or shall post a no
tice in the building lobby indicating that such plan is 
available in the office of the building manager upon request. Either such posting shall be made within five 
days after completion of such plan. Such posting or notice sh
all indicate the other tenants or subtenants are 
entitled to access according to the plan upon request, provided such tenants and subtenants, upon making such 
request, certify that there is sufficient space within such tenant’s or subtenant’s premises to s
tore the requested 
MISCELLANEOUS PROVISIONS
number of bicycles in a manner that does not violate the building or fire code or any other applicable law, rule 
or code, or which would impede ingress or egress to such premises or building.
§28
-
504.1.4.2 Posting of exception letter. 
The owner of such building shall post in such building any letter of 
exception granted by the commissioner or commissioner of transportation, including the basis or bases for the 
exception and, if applicable, the route to alternate off
-
street or indoor par
king, as provided in section 28
-
504.1.3, or shall post a notice in the building lobby indicating that such letter is available in the office of the 
building manager upon request. Either such posting shall be made 
within five days after receipt of such letter 
of exception. 
§28
-
504.1.4.3 Location. 
Plans, letters of exception or notices of availability of either shall be posted in a 
prominent location easily visible to a building’s tenants, subtenants and the building’s employees, and shall be 
made available upon request by the department, the depart
ment of transportation or authorized representatives 
of any other city agency. 
§28
-
504.1.5 Filing of plan.
The department or department of transportation may require that plans implemented 
pursuant to the provisions of this section be filed with either such agency.
§28
-
504.2 Construction.
Nothing in this article shall be construed to require an owner of a building governed by 
this article to provide space for bicycles brought into such building or to permit a bicycle to be parked in a manner 
that violates building or fire codes or any other
applicable law, rule or code, or which otherwise impedes ingress or 
egress to such building.
§28
-
504.3 Foldable bicycle access.
It shall be unlawful for an owner of a building the main occupancy of which is 
offices that are classified in occupancy group B to bar a tenant or subtenant from transporting a foldable bicycle to or 
from such tenant or subtenants space on a passenger ele
vator, provided that such bicycle is fully folded. For purposes 
of this section, the term “foldable bicycle” means a bicycle designed to fold into a compact assembly not exceeding 
20 inches (508 mm) by 36 inches (914 mm) b
y 32 inches (813 mm).
§28
-
504.4 Emergencies.
In an emergency that requires an evacuation of all or part of such a building, the owner may 
limit or restrict bicycles and foldable bicycles from being transported through any means of egress.
§28
-
504.5 Bicycle access to residential buildings.
In any building the main use or dominant occupancy of which is 
classified as occupancy group R
-
2 it shall be unlawful for an owner to bar a tenant or subtenant from using a passenger 
elevator to transport a bicycle to and from such tenant’s or subtenant’s
dwelling unit. 
Exceptions:
1.
An owner may bar tenants or subtenants from utilizing passenger elevators to transport bicycles where (i) a 
freight elevator is provided for bicycle access to and from such tenants’ or subtenants’ dwelling units, pro-
vided that passenger elevators may be
used during any period of time such freight elevator is not operating 
and (ii) there is no requirement that building personnel escort such tenants or subtenants when using the 
freight elevator. 
2.
An owner may limit bicycle access to one or more passenger elevators designated for such access.
§28
-
504.6 Foldable bicycles on passenger elevators in residential buildings.
In any building classified in occu-
pancy group R, it shall be unlawful for an owner to bar a tenant or subtenant from transporting a foldable bicycle on 
a passenger elevator provided that such bicycle is fully folded. For purposes of this section, the term
“foldable bicycle” 
means a bicycle designed to fold into a compact assembly not exceeding 20 inches (508 mm) by 36 inches (914 mm) 
by 32 inches (813 mm).
ARTICLE 505
CERTIFICATION OF NO HARASSMENT PILOT PROGRAM
§28
-
505.1 General.
The commissioner shall not approve construction documents, nor issue an initial or reinstate 
permit in connection therewith, for the alteration or demolition of a pilot program building identified by the department 
of housing preservation and development 
pursuant to section 27
-
2093.1 except as set forth in this article. Applications 
for post approval amendments to construction documents are subject to this article where the application proposes a 
change within a covered category of work a
s set forth in section 28
-
505.3.
MISCELLANEOUS PROVISIONS
§28
-
505.2 Definitions.
As used in this article, the following terms have the following meanings:
LOW INCOME HOUSING.
The term “low income housing” has the same meaning as in section 27
-
2093.1 of the 
New York city housing maintenance code.
O
WNER.
The term “owner” has the same meaning as in section 27
-
2004 of the New York city housing maintenance 
code.
PILOT PROGRAM BUILDING.
The term “pilot program building” has the same meaning as in section 27
-
2093.1 
of the housing maintenance code.
‡‡‡
*
§28
-
505.3 Covered categories of work.
Applications for the approval of construction documents for the fol-
lowing categories of work are covered by this article:‡
1.
Demolition of all or part of the pilot program building, other than interior demolition being conducted in the 
course of renovation of occupied units for the purpose of repair to such units where the commissioner determines 
that the issuance of such per
mit is necessary to perform work to protect public health and safety;
2.
Change of use or occupancy of all or part of a dwelling unit, any residential portion of the pilot program building, 
or any part of such building serving 
such dwelling units;
3.
Any alteration resulting in the addition or removal of kitchen or bathrooms, an increase or decrease in the number 
of dwelling units, or any change to the layout, configuration, or location of any portion of any dwelling unit;
4.
An application for a new or amended certificate of occupancy; or
5.
Such other types of alteration work to a pilot program building as shall be prescribed by rule of the commissioner 
of housing preservation and development. 
Exceptions:
1.
Work solely for the purpose of either (i) making the public areas of a pilot program building accessible to 
persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making 
the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall 
not be covered by this article.
2.
Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract 
with a city agency shall not be covered by this article.
3.
Repairs, replacement, modification, or partial demolition work in a building that is the minimum required to 
be performed to address conditions for rescission of a vacate order issued by the department of housing 
preservation and development or the depa
rtment.
4.
Work performed on a building that has an administrator currently appointed pursuant to article seven
-
a of the 
real property actions and proceedings law shall not be covered by this article.
5.
Other categories of work that are excluded from the definition of covered categories of work by rule of the 
department of housing preservation and development shall not be covered by this article.
*Section §28
-
505.3
was amended by 
Local Law 1
40
of 2021
. This law has an effective date of 
October
31
, 202
1. 
§28
-
505.4 Required submittal documents.
The commissioner shall not approve any construction documents, nor 
issue an initial or reinstated permit in connection therewith, for a pilot program building for the covered categories of 
work unless the applicant provides:
1.
A sworn affidavit by or on behalf of all the owners of such building that has been provided to the department of 
housing preservation and development, which states that there will be no harassment of the lawful occupants of 
such building by or on behalf
of such owners during the construction period;
2.
A tenant protection plan as provided for in this code; and
3.
The following documents from the commissioner of housing preservation and development:
3.1.
A current certification of no harassment that there has been no harassment of the lawful occupants of such 
pilot program building within the 60 month period prior to submission of an application for such 
MISCELLANEOUS PROVISIONS
certification to the department of housing preservation and development, provided, however, that such cer-
tification of no harassment shall except any portion of such 60 month period during which title was vested 
in the city;
3.2.
A waiver of such certification; or
3.3.
A certification that a restrictive declaration, in accordance with subdivision e of section 27
-
2093.1 of the 
housing maintenance code, has been recorded in the office of the city register or the Richmond county clerk 
and indexed as provided by the dep
artment of housing preservation and development.
§28
-
505.5 Process.
Application for a certification of no harassment or waiver shall be made pursuant to section 27
-
2093.1 of the housing maintenance code.
§28
-
505.6 Time period for approval or rejection of construction documents.
The time period in which the com-
missioner is required to approve or reject an application for construction document approval or resubmission thereof 
pursuant to this code shall commence from the date that the commissioner receives the documents required p
ursuant 
to item 3 of section 28
-
505.4.
§28
-
505.7 Certificate of occupancy.
The department shall not issue any temporary or permanent certificate of occu-
pancy for any new or existing structure or portion thereof on a lot subject to an restrictive declaration pursuant to 
subdivision e of section 27
-
2093.1 of the housing maintenance code, other than for any low income housing located 
on such lot, until the department of housing preservation and development certifies that the low income housing re-
quired by such restrictive declaration has been compl
eted in compliance with the restrictive declaration and the de-
partment has issued a temporary or permanent certificate of occupancy for each unit of low income housing covered 
by such restrictive declaration.
§28
-
505.8 Request for stop
-
work or rescission.
The commissioner shall be empowered to issue a stop
-
work notice 
or order with respect to an alteration or demolition permit or to rescind approval of construction documents at the 
request of the commissioner of housing preservation and development pursuan
t to section 27
-
2093.1 of the housing 
maintenance code.
*
ARTICLE 506
EMISSION PROFILE OF BUILDINGS
*Article 
§28
-
506
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
§28
-
506.1 Prohibited Emissions in New Buildings. 
New buildings shall be subject to the emissions limits set forth 
in section 24
-
177.1.
The commissioner shall not approve an application for the approval of construction documents, 
nor issue any permit in connection therewith, for a new building that does not comply with section 24
-
177.1.
Exceptions
: 
1.
A building that is seven stories or more where an application for the approval of construction documents is 
submitted on or before July 1, 2027.
2.
A building that is less than seven stories where an application for the approval of construction documents is 
submitted on or before December 31, 2023. 
3.
A building, other than a building
‡
that is classified as group R
-
3, where such emissions are in connection 
with the provision of hot water and an application for the approval of construction documents is submitted 
on or before July 1, 2027.
4.
A building that is less than seven stories where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive dec
laration, or similar instrument with a federal, state, or local govern-
mental entity or instrumentality for the creation or preservation of affordable housing, and an application for 
the approval of construction documents is submitted before December 31, 20
25.
5.
A building that is seven stories or more where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive decla
ration, or similar instrument with a federal, state, or local 
MISCELLANEOUS PROVISIONS
governmental entity or instrumentality for the creation or preservation of affordable housing, and an appli-
cation for the approval of construction documents is submitted before December 31, 2027.
6.
A building that will be primarily used by a utility regulated by the public service commission for the gener-
ation of electric power or steam. 
7.
A building within a facility operated by the department of environmental protection that treats sewage or 
food waste.
8.
An application filed by or on behalf of the school construction authority submitted before December 31, 
2024.
9.
A building where it would not be required to comply with section 24
-
177.1 because the combustion of a 
substance that emits 25 kg or more of carbon dioxide per million British thermal units of energy is necessary 
for a manufacturing use or purpose, or for the operation of a laboratory, laundromat, hospital, crematorium, 
commercial kitchen as defined in section 602 of the New York city fire code, or where used for emergency 
or standby power, or other use allowed by rule of the department, to the extent necessary for, and in the space 
occupied by such use or purpose.
*Section §28
-
506
.1
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
ARTICLE 50
7 
PILOT PROGRAM FOR ELIGBILE BASEMENT AND CELLAR RESIDENCES
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§28
-
507.1 Definitions. 
For purposes of this article, the following terms have the following
meanings:
APARTMENT. 
The term “apartment” has the same meaning as defined in section BC 202 of the
New York city 
building code.
APPLICATION. 
The term “application” means an application for authorization for temporary
residence pursuant to 
this article.
AUTHORIZATION FOR TEMPORARY RESIDENCE. 
The term “authorization for
temporary” residence means 
an authorization issued by the department pursuant to section 28
-
507.4 authorizing the temporary use of an eligible 
basement or cellar as an apartment prior to the
issuance of a certificate of occupancy or temporary certificate of occu-
pancy for such use.
BASEMENT. 
The term “basement” means a story partly below the grade plane and having less
than one
-
half of its 
clear height, measured from finished floor to finished ceiling, below the grade
plane.
CELLAR. 
The term “cellar” means that portion of a building that is partly or wholly
underground, and having one
-
half or more of its clear height, measured from finished floor to
finished ceiling, below the grade plane.
ELIGIBLE BASEMENT OR CELLAR RESIDENCE. 
The term “eligible basement or cellar
residence” means a 
basement or cellar in an existing dwelling within the program area, unlawfully
arranged to be occupied as an apartment 
with acceptable 
kitchen and sanitation facilities as
described in department rules, and which apartment was in exist-
ence prior to April 20, 2024.
FAMILY. 
The term “family” has the same meaning as defined in the multiple dwelling law, except
that as used in 
this article, family shall not include any boarders, roomers, or lodgers.
PRE
-
EXISTING VIOLATION. 
The term “pre
-
existing violation” means a violation issued by an
agency of the city 
of New York for the illegal occupancy of a basement or a cellar for which a
notice of violation, administrative sum-
mons, criminal court summons, or other process was issued
prior to the date of issuance of an authorization for tem-
porary residence by the department
pursuant to this article.
PROGRAM AREA. 
The term “program” area means Bronx community district 9; Bronx
community district 10; 
Bronx community district 11; Bronx community district 12; Brooklyn
community district 4; Brooklyn community 
district 10; Brooklyn community district 11; Brooklyn
community district 17; Manhattan community district 2; 
MISCELLANEOUS PROVISIONS
Manhattan community district 3;
Manhattan community district 9; Manhattan community district 10; Manhattan com-
munity district
11; Manhattan community district 12; and Queens community district 2, and such other
community 
districts as may be authorized pursuant to section 289 of the multiple dwelling law.
RENTED. 
The term “rented” means leased, let, or hired out, with or without a written agreement.
TEMPORARY RESIDENCE PROGRAM. 
The term “temporary residence program” means a
program established 
pursuant to this article to facilitate the legalization of eligible basement and
cellar residences within the program area 
and to authorize their temporary use as apartments
pending the issuance of a certificate of occupancy or temporary 
certificate of occupancy for such
use.
TENANT. 
The term “tenant” means an individual to whom an eligible basement or cellar
residence is rented.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.2 Eligibility. 
This article applies to private dwellings and multiple dwellings. The
department shall estab-
lish a temporary residence program in accordance with 
this article. To
participate in such program, an owner of an 
eligible basement or cellar residence shall apply for
authorization for temporary residence pursuant to section 28
-
507.4 on or before April 20, 2029.
An application for temporary residence may not be made where the eligible base-
ment or cellar
residence is located within the 10
-
year rainfall flood risk area or the coastal flood risk area as
described 
in section 24
-
809, except as otherwise allowed pursuant to the New York city zoning
resolution.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.3 Occupancy. 
Notwithstanding section 27
-
751 of the 1968 New York city building code,
section 27
-
2087, 
section 1208.2 of the New York city building code, any applicable laws in
existence prior to December 6, 1968, or 
any provision of any other local law or the multiple
dwelling law that is inconsistent with or that would frustrate the 
purpose of this article, the
department may authorize the use of an eligible basement or cellar residence within the 
program
area as an apartment in accordance with th
is article.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4 Authorization for temporary residence. 
The department may issue an authorization
for temporary res-
idence for the use of an eligible basement or cellar residence in the program
area as an apartment prior to the issuance 
of a certificate of occupancy or temporary certificate
of occupancy in accordance with this section. The owner of an 
eligible basement or cellar
residence may submit an application for an authorization for temporary residence to the
department in a form and manner determined by th
e department. An application for an
authorization for temporary 
residence may not be used as the basis for an enforcement action for
illegal occupancy of such residence, provided 
that nothing in this article shall be construed to
prevent the issuance of a vacate order for an imminently hazardous or 
otherwise unsafe condition.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.1 Issuance of authorization for temporary residence. 
The department may issue
an authorization
for temporary residence upon determining that:
1. The basement or cellar referenced in such application is an eligible basement or cellar
residence;
2. Such eligible basement or cellar residence contains an apartment that was in existence
prior to April 20, 2024; 
and
3. Such eligible basement or cellar residence has been inspected, and:
3.1 Would not pose an imminent risk to the life or safety of occupants;
3.2 Contains a battery
-
operated or hard
-
wired smoke detector and carbon monoxide
detector;
3.3 Contains at least 1 means of egress directly to the outdoors in accordance with the
construction standards 
of chapter 10 of the New York city building code, including
access to a public way. Such means of egress 
shall be an exterior door that swings
inward and is provided with landings on both the interior and exterior 
sides in
accordance with section 1010.1.6 of the New York city building code; and
MISCELLANEOUS PROVISIONS
3.4 Has a minimum clear ceiling height in accordance with section 202.5 of appendix
U of the New York 
city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.2 Rulemaking. 
The department, in consultation with the fire department and the
office of emergency 
management, shall adopt rules governing the occupancy and use, prior to
the issuance of a certificate of occupancy 
or temporary certificate of occupancy, of eligible
basement and cellar residences that have been issued an author-
ization for temporary
residence, including minimum housing maintenance standards. Such rules shall:
1. Require occupancy of an eligible basement or cellar residence by not more than 1 family
maintaining a 
common household;
2. Prohibit an owner or occupant from renting or offering to rent such eligible basement
or cellar residence 
for less than 30 consecutive days; and
3. Prohibit registration of such residence for short
-
term rental pursuant to chapter 31 of
title 26.
Except as otherwise provided in such rules, the provisions of chapter 2 of title 27 shall not
apply to such eligible 
basement and cellar residences.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.3 Vacate orders. 
The department, the department of housing preservation and
development, or the 
fire department may stay an order to vacate an eligible basement or cellar
residence once an 
owner has applied 
for authorization for temporary residence or at any time
following the issuance of an authorization for temporary 
residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.4 Expiration of authorization for temporary residence. 
An authorization for
temporary residence 
expires 10 years after the date of its issuance. Prior to such expiration
date, the owner must obtain a certificate of 
occupancy or temporary certificate of occupancy
for such residence in accordance with section 28
-
507.6. An 
owner must comply with the
conditions set forth in section 28
-
507.4.5 during such 10
-
year period. The issuance 
of an
authorization for temporary residence allows occupancy of the
eligible basement or cellar
residence prior 
to the issuance of a certificate of occupancy or temporary certificate of
occupancy.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5 Requirements for maintaining an authorization for temporary residence. 
An
authorization for 
temporary residence shall be subject to the requirements set out in sections
28
-
507.4.5.1, 28
-
507.4.5.2, and 28
-
507.4.5.3
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5.1 Requirements within 3 months. 
Not later than 3 months following the date
such authori-
zation is issued, the owner must submit documentation in a form and manner
determined by the department 
establishing that:
1. Such eligible basement or cellar residence has smoke and carbon monoxide alarms
in 
accordance with 
sections U103.6.2 and U103.6.3 of appendix U of the New York
city building code;
2. Such eligible basement or cellar residence has water sensors and alarms in
accordance with section 
U202.11 of appendix U of the New York city building code;
3. Such eligible basement or cellar residence has the required signage posted in a
manner prescribed by 
chapter 2 of title 27 and the rules of the department of housing
preservation and development; and
4. The owner has notified any tenants in such eligible basement or cellar residence
about enrollment in 
an emergency alert system operated by the office of emergency
management.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
MISCELLANEOUS PROVISIONS
*
§ 28
-
507.4.5.2 Authorization requirements within 1 year. 
Not later than 1 year following
the date such 
authorization is issued, the owner must submit documentation in a form and
manner determined by the de-
partment establishing that such eligible basement or cellar
residence:
1. Complies with the fire separation standards set forth in section U202.7 of appendix
U of the New 
York city building code; and
2. Is tested and meets the standard set forth in rules promulgated by the department of
health and mental 
hygiene in consultation with the mayor’s office of environmental
remediation, in accordance with sec-
tions U202.9 and U202.10 of appendix U of the
New York city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5.3 Authorization requirements within 2 years. 
Not later than 2 years
following the date such 
authorization is issued, the owner must submit documentation in a
form and manner determined by the de-
partment establishing that such eligible basement
or cellar residence has an automatic sprinkler system in 
accordance with section U103.6.1
of Appendix U of the New York city building code and section 28
-
507.9, 
provided, however,
that notwithstanding any provision of this article or the multiple dwelling law, in no case
shall the addition of an eligible basement or cellar residence require the installation of an
automatic sprinkler 
outside of the eligible basement or cellar residence, or outside of the
means of egress from such residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.6 Additional safety or construction requirements. 
An eligible basement or cellar
residence must 
be in compliance with any additional safety or construction requirements
established pursuant to rules promul-
gated by the department in consultation with the fire
department and the office of emergency management.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.5 Deferral or waiver of penalties by the department. 
Payment of any civil penalties for
violations issued 
by the department that would otherwise be required to be paid by an owner of an
eligible basement or cellar residence 
before the issuance of a permit for alterations to comply with
section 28
-
507.4 may be deferred, and upon issuance of 
a certificate of occupancy or temporary
certificate of occupancy in accordance with section 28
-
507.6, such deferred 
amounts may be
waived. Notwithstanding the p
receding sentence, deferred amounts shall continue to be due and
owing to the department. Where an owner fails to comply with the requirements of this article,
deferred amounts shall 
no longer be deferred and payment may be enforced in accordance with
this code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6 Certificates of occupancy pursuant to this article. 
Notwithstanding any inconsistent
provision of the 
multiple dwelling law, article 118 of chapter 1, or of any other law, where an
eligible basement or cellar residence in 
a one
- 
or two
-
family home has been issued an
authorization for temporary residence in accordance with section 28
-
507.4, the department may
issue a certificate of occupancy pursuant to the article as follows:
1. For a building erected prior to January 1, 1938 that does not have and is not otherwise
required to have a 
certificate of occupancy, issue a partial certificate of occupancy limited to
the new or altered apartment in the 
basement of a building or the new apartment in the cellar
of a building.
2. For a building with an existing certificate of occupancy, issue an amended certificate of
occupancy limited to 
the new or altered apartment in the basement of such building or the new
apartment in the cellar of such building.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.1 Issuance of an amended or partial certificate of occupancy. 
A partial or
amended certificate of 
occupancy shall be issued subject to the following conditions:
1. Upon inspection, the apartment being created or altered (i) conforms substantially to
the approved con-
struction documents, complies with this code and other applicable laws,
except as specifically provided in 
this article, and is safe for occupancy, or (ii) the
department upon an inspection certifies that waiver of oth-
erwise applicable requirements
is appropriate because such apartment provides for the health and safety of 
all occupants
of such dwelling by alternative means that are no less stringent than the requirements of
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
MISCELLANEOUS PROVISIONS
bond or other form of security acceptable to the department in an amount which will secure the payment of such 
costs and any fines or civil penalties which may be imposed for the violation.
§28
-
503.10 Definitions.
For the purposes of this article the terms “sign” and “surface area,” in reference to a sign, 
shall be as defined under section 12
-
10 of the zoning resolution.
§28
-
503.11 Review of order.
An order of the commissioner issued pursuant to this article shall be a final determi-
nation of the commissioner for purposes of review pursuant to article seventy
-
eight of the civil practice law and 
rules. Notwithstanding any inconsistent provision of para
graph (a) of subdivision six of section six hundred sixty
-
six of the New York city charter, such order shall not be subject to review by the board of standards and appeals.
ARTICLE 504
BICYCLE ACCESS TO BUILDINGS
§28
-
504.1 Bicycle access to certain office buildings.
This section shall apply to buildings that satisfy each of the 
following conditions: (i)    the main occupancy of such building is offices that    are classified as occupancy 
group B, 
(ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before 
such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies 
with ASME 
A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the 
New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle 
parking provisions of sections 25
-
80
, 36
-
70 and 44
-
60 of the New York city zoning resolution. It shall be presumed 
that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§28
-
504.1.1 Request for bicycle access.
The tenant or subtenant of a building to which this section is applicable 
may request in writing, on a form provided by the department of transportation, that the owner of such building 
complete a bicycle access plan in accordance with section 28
-
504.1.2 a
nd provide bicycle access in accordance 
with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space 
within such tenant’s or subtenant’s premises to store the 
requested number of bicycles in a manner that does not 
violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress 
to such premises or building. Such request shall be sent to such owner by certified 
mail, return receipt requested, 
and a copy of the request shall be filed with the department of transportation.
§28
-
504.1.2 Bicycle access plan.
Bicycle access plans shall comply with sections 28
-
504.1.2.1 through 28
-
504.1.2.4.
§28
-
504.1.2.1 Owner requirement. 
Where a request for a bicycle access plan has been submitted pursuant to 
this section, the owner of such building shall, within 30 days after receipt of such request, complete and im-
plement a bicycle access plan or provide to the tenant or subtenant a copy
of the request for an exception that 
has been filed with the department of transportation in accordance with section 28
-
504.1.3.
§28
-
504.1.2.2 Contents of plan. 
A bicycle access plan shall be completed on a form provided by the depart-
ment of transportation and shall include, at a minimum: 
1.
Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1.
Such elevator will be made available for bicycle access for each building tenant or subtenant who 
requests such access, and employees thereof, during the regulating operating hours of such elevator;
1.2.
Bicycles will be allowed to be transported to and from such elevator along each route that is used to 
transport freight to and from such elevator, to the extent practicable and where such routes do not 
present substantial safety risks;
1.3.
No escort by building personnel will be required for a person transporting a bicycle to or from such 
elevator if no such escort is required when a person is transporting freight to or from such elevator; 
and
1.4.
A person transporting a bicycle to or from such elevator, and any package or other material in such 
person’s possession, shall be subject to the same or substantially similar security measures applicable 
to other persons entering such building or such
elevator;
MISCELLANEOUS PROVISIONS
2.
Provisions allowing bicycles to be brought in or out of such building using one or more designated pas-
senger elevators that the building owner may designate as temporary freight elevators at any time when 
no freight elevator satisfying the conditions of
item 1 is operational;
3.
The location of building entrances; 
4.
The route to freight elevators that accommodate bicycle access; 
5.
The route to a designated area for bicycle parking on an accessible level if such bicycle parking is made 
available; 
6.
A notice to tenants and subtenants informing them of their responsibilities with respect to bicycle storage; 
and
7.
Such other information as the department of transportation may require. 
§28
-
504.1.2.3 Amendment of plan. 
A bicycle access plan may be amended from time to time to 
accommodate 
requests from other tenants or subtenants to provide bicycle access pursuant to this article.
§28
-
504.1.2.4 Limitations. 
If an owner of a building is issued a violation of this code or the New York city 
fire code, or a rule promulgated thereunder, that results from storage of a bicycle, and such owner shows that 
such violation occurred in an area of such building that is und
er the control of a tenant or subtenant, such owner 
may restrict or limit bicycle access under the bicycle access plan for such tenant or subtenant.
§28
-
504.1.3 Exceptions.
Bicycle access need not be provided pursuant to this section if the commissioner of 
transportation grants an exception for such building under this section. Such commissioner may grant such an 
exception if an owner of such building applies to such commissi
oner for an exception, on a form provided by the 
department of transportation and sent to the department of transportation by certified mail, return receipt re-
quested, within fifteen days after such owner has received a request for 
a bicycle access plan, and certifies that 
either:
1.
No freight elevator in such building is available for the use described in this section because unique circum-
stances exist involving substantial safety risks directly related to the use of each such elevator. Such applica-
tion shall include the reasons f
or such assertion and supporting documentation; or
2.
There is sufficient secure alternate covered no
-
cost off
-
street bicycle parking or sufficient secure alternate 
indoor no
-
cost bicycle parking available on the premises or within four blocks or 1,000 feet (304.8 m), which-
ever is less, of such building to
accommodate all tenants or subtenants of such building requesting bicycle 
access and that such off
-
street parking is accessible on a 24
-
hour basis. Such application shall include sup-
porting documentation for such assertion, including proof that such alter
nate off
-
street or indoor parking is 
available to or under the control of such owner.
If an exception is sought pursuant to item 1 of this section, the department shall conduct an inspection of the 
building and each freight elevator and shall thereafter issue a final determination as to whether to grant an excep-
tion. If an exception is soug
ht pursuant to item 2 of this section, the department, in consultation with the department 
of transportation, shall thereafter conduct an inspection of the secure alternate no
-
cost covered off
-
street bicycle 
parking, secure indoor no
-
cost bicycle parking a
nd the department of transportation shall thereafter issue a final 
determination as to whether to grant an exception. In either event, a letter of exception or denial shall be sent by 
certified mail, return receipt requested, to the owner, lessee, manager 
or other person in control of the building. If 
the exception is denied, a bicycle access plan shall be posted within 20 days after receipt of such determination. 
Failure to timely post a bicycle access plan shall be cause for the issuance of a violation.
§28
-
504.1.4 Posting and availability of bicycle access plan or letter of exception. 
Bicycle access plans shall be 
posted and made available as provided in sections 28
-
504.1.4.1 through 28
-
504.1.4.3.
§28
-
504.1.4.1 Posting of plan. 
The owner of a building subject to this section shall either post in such building 
each bicycle access plan that is in effect, notifying the requesting tenants and subtenants of their right to bicycle 
access in accordance with such plan, or shall post a no
tice in the building lobby indicating that such plan is 
available in the office of the building manager upon request. Either such posting shall be made within five 
days after completion of such plan. Such posting or notice sh
all indicate the other tenants or subtenants are 
entitled to access according to the plan upon request, provided such tenants and subtenants, upon making such 
request, certify that there is sufficient space within such tenant’s or subtenant’s premises to s
tore the requested 
MISCELLANEOUS PROVISIONS
number of bicycles in a manner that does not violate the building or fire code or any other applicable law, rule 
or code, or which would impede ingress or egress to such premises or building.
§28
-
504.1.4.2 Posting of exception letter. 
The owner of such building shall post in such building any letter of 
exception granted by the commissioner or commissioner of transportation, including the basis or bases for the 
exception and, if applicable, the route to alternate off
-
street or indoor par
king, as provided in section 28
-
504.1.3, or shall post a notice in the building lobby indicating that such letter is available in the office of the 
building manager upon request. Either such posting shall be made 
within five days after receipt of such letter 
of exception. 
§28
-
504.1.4.3 Location. 
Plans, letters of exception or notices of availability of either shall be posted in a 
prominent location easily visible to a building’s tenants, subtenants and the building’s employees, and shall be 
made available upon request by the department, the depart
ment of transportation or authorized representatives 
of any other city agency. 
§28
-
504.1.5 Filing of plan.
The department or department of transportation may require that plans implemented 
pursuant to the provisions of this section be filed with either such agency.
§28
-
504.2 Construction.
Nothing in this article shall be construed to require an owner of a building governed by 
this article to provide space for bicycles brought into such building or to permit a bicycle to be parked in a manner 
that violates building or fire codes or any other
applicable law, rule or code, or which otherwise impedes ingress or 
egress to such building.
§28
-
504.3 Foldable bicycle access.
It shall be unlawful for an owner of a building the main occupancy of which is 
offices that are classified in occupancy group B to bar a tenant or subtenant from transporting a foldable bicycle to or 
from such tenant or subtenants space on a passenger ele
vator, provided that such bicycle is fully folded. For purposes 
of this section, the term “foldable bicycle” means a bicycle designed to fold into a compact assembly not exceeding 
20 inches (508 mm) by 36 inches (914 mm) b
y 32 inches (813 mm).
§28
-
504.4 Emergencies.
In an emergency that requires an evacuation of all or part of such a building, the owner may 
limit or restrict bicycles and foldable bicycles from being transported through any means of egress.
§28
-
504.5 Bicycle access to residential buildings.
In any building the main use or dominant occupancy of which is 
classified as occupancy group R
-
2 it shall be unlawful for an owner to bar a tenant or subtenant from using a passenger 
elevator to transport a bicycle to and from such tenant’s or subtenant’s
dwelling unit. 
Exceptions:
1.
An owner may bar tenants or subtenants from utilizing passenger elevators to transport bicycles where (i) a 
freight elevator is provided for bicycle access to and from such tenants’ or subtenants’ dwelling units, pro-
vided that passenger elevators may be
used during any period of time such freight elevator is not operating 
and (ii) there is no requirement that building personnel escort such tenants or subtenants when using the 
freight elevator. 
2.
An owner may limit bicycle access to one or more passenger elevators designated for such access.
§28
-
504.6 Foldable bicycles on passenger elevators in residential buildings.
In any building classified in occu-
pancy group R, it shall be unlawful for an owner to bar a tenant or subtenant from transporting a foldable bicycle on 
a passenger elevator provided that such bicycle is fully folded. For purposes of this section, the term
“foldable bicycle” 
means a bicycle designed to fold into a compact assembly not exceeding 20 inches (508 mm) by 36 inches (914 mm) 
by 32 inches (813 mm).
ARTICLE 505
CERTIFICATION OF NO HARASSMENT PILOT PROGRAM
§28
-
505.1 General.
The commissioner shall not approve construction documents, nor issue an initial or reinstate 
permit in connection therewith, for the alteration or demolition of a pilot program building identified by the department 
of housing preservation and development 
pursuant to section 27
-
2093.1 except as set forth in this article. Applications 
for post approval amendments to construction documents are subject to this article where the application proposes a 
change within a covered category of work a
s set forth in section 28
-
505.3.
MISCELLANEOUS PROVISIONS
§28
-
505.2 Definitions.
As used in this article, the following terms have the following meanings:
LOW INCOME HOUSING.
The term “low income housing” has the same meaning as in section 27
-
2093.1 of the 
New York city housing maintenance code.
O
WNER.
The term “owner” has the same meaning as in section 27
-
2004 of the New York city housing maintenance 
code.
PILOT PROGRAM BUILDING.
The term “pilot program building” has the same meaning as in section 27
-
2093.1 
of the housing maintenance code.
‡‡‡
*
§28
-
505.3 Covered categories of work.
Applications for the approval of construction documents for the fol-
lowing categories of work are covered by this article:‡
1.
Demolition of all or part of the pilot program building, other than interior demolition being conducted in the 
course of renovation of occupied units for the purpose of repair to such units where the commissioner determines 
that the issuance of such per
mit is necessary to perform work to protect public health and safety;
2.
Change of use or occupancy of all or part of a dwelling unit, any residential portion of the pilot program building, 
or any part of such building serving 
such dwelling units;
3.
Any alteration resulting in the addition or removal of kitchen or bathrooms, an increase or decrease in the number 
of dwelling units, or any change to the layout, configuration, or location of any portion of any dwelling unit;
4.
An application for a new or amended certificate of occupancy; or
5.
Such other types of alteration work to a pilot program building as shall be prescribed by rule of the commissioner 
of housing preservation and development. 
Exceptions:
1.
Work solely for the purpose of either (i) making the public areas of a pilot program building accessible to 
persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making 
the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall 
not be covered by this article.
2.
Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract 
with a city agency shall not be covered by this article.
3.
Repairs, replacement, modification, or partial demolition work in a building that is the minimum required to 
be performed to address conditions for rescission of a vacate order issued by the department of housing 
preservation and development or the depa
rtment.
4.
Work performed on a building that has an administrator currently appointed pursuant to article seven
-
a of the 
real property actions and proceedings law shall not be covered by this article.
5.
Other categories of work that are excluded from the definition of covered categories of work by rule of the 
department of housing preservation and development shall not be covered by this article.
*Section §28
-
505.3
was amended by 
Local Law 1
40
of 2021
. This law has an effective date of 
October
31
, 202
1. 
§28
-
505.4 Required submittal documents.
The commissioner shall not approve any construction documents, nor 
issue an initial or reinstated permit in connection therewith, for a pilot program building for the covered categories of 
work unless the applicant provides:
1.
A sworn affidavit by or on behalf of all the owners of such building that has been provided to the department of 
housing preservation and development, which states that there will be no harassment of the lawful occupants of 
such building by or on behalf
of such owners during the construction period;
2.
A tenant protection plan as provided for in this code; and
3.
The following documents from the commissioner of housing preservation and development:
3.1.
A current certification of no harassment that there has been no harassment of the lawful occupants of such 
pilot program building within the 60 month period prior to submission of an application for such 
MISCELLANEOUS PROVISIONS
certification to the department of housing preservation and development, provided, however, that such cer-
tification of no harassment shall except any portion of such 60 month period during which title was vested 
in the city;
3.2.
A waiver of such certification; or
3.3.
A certification that a restrictive declaration, in accordance with subdivision e of section 27
-
2093.1 of the 
housing maintenance code, has been recorded in the office of the city register or the Richmond county clerk 
and indexed as provided by the dep
artment of housing preservation and development.
§28
-
505.5 Process.
Application for a certification of no harassment or waiver shall be made pursuant to section 27
-
2093.1 of the housing maintenance code.
§28
-
505.6 Time period for approval or rejection of construction documents.
The time period in which the com-
missioner is required to approve or reject an application for construction document approval or resubmission thereof 
pursuant to this code shall commence from the date that the commissioner receives the documents required p
ursuant 
to item 3 of section 28
-
505.4.
§28
-
505.7 Certificate of occupancy.
The department shall not issue any temporary or permanent certificate of occu-
pancy for any new or existing structure or portion thereof on a lot subject to an restrictive declaration pursuant to 
subdivision e of section 27
-
2093.1 of the housing maintenance code, other than for any low income housing located 
on such lot, until the department of housing preservation and development certifies that the low income housing re-
quired by such restrictive declaration has been compl
eted in compliance with the restrictive declaration and the de-
partment has issued a temporary or permanent certificate of occupancy for each unit of low income housing covered 
by such restrictive declaration.
§28
-
505.8 Request for stop
-
work or rescission.
The commissioner shall be empowered to issue a stop
-
work notice 
or order with respect to an alteration or demolition permit or to rescind approval of construction documents at the 
request of the commissioner of housing preservation and development pursuan
t to section 27
-
2093.1 of the housing 
maintenance code.
*
ARTICLE 506
EMISSION PROFILE OF BUILDINGS
*Article 
§28
-
506
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
§28
-
506.1 Prohibited Emissions in New Buildings. 
New buildings shall be subject to the emissions limits set forth 
in section 24
-
177.1.
The commissioner shall not approve an application for the approval of construction documents, 
nor issue any permit in connection therewith, for a new building that does not comply with section 24
-
177.1.
Exceptions
: 
1.
A building that is seven stories or more where an application for the approval of construction documents is 
submitted on or before July 1, 2027.
2.
A building that is less than seven stories where an application for the approval of construction documents is 
submitted on or before December 31, 2023. 
3.
A building, other than a building
‡
that is classified as group R
-
3, where such emissions are in connection 
with the provision of hot water and an application for the approval of construction documents is submitted 
on or before July 1, 2027.
4.
A building that is less than seven stories where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive dec
laration, or similar instrument with a federal, state, or local govern-
mental entity or instrumentality for the creation or preservation of affordable housing, and an application for 
the approval of construction documents is submitted before December 31, 20
25.
5.
A building that is seven stories or more where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive decla
ration, or similar instrument with a federal, state, or local 
MISCELLANEOUS PROVISIONS
governmental entity or instrumentality for the creation or preservation of affordable housing, and an appli-
cation for the approval of construction documents is submitted before December 31, 2027.
6.
A building that will be primarily used by a utility regulated by the public service commission for the gener-
ation of electric power or steam. 
7.
A building within a facility operated by the department of environmental protection that treats sewage or 
food waste.
8.
An application filed by or on behalf of the school construction authority submitted before December 31, 
2024.
9.
A building where it would not be required to comply with section 24
-
177.1 because the combustion of a 
substance that emits 25 kg or more of carbon dioxide per million British thermal units of energy is necessary 
for a manufacturing use or purpose, or for the operation of a laboratory, laundromat, hospital, crematorium, 
commercial kitchen as defined in section 602 of the New York city fire code, or where used for emergency 
or standby power, or other use allowed by rule of the department, to the extent necessary for, and in the space 
occupied by such use or purpose.
*Section §28
-
506
.1
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
ARTICLE 50
7 
PILOT PROGRAM FOR ELIGBILE BASEMENT AND CELLAR RESIDENCES
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§28
-
507.1 Definitions. 
For purposes of this article, the following terms have the following
meanings:
APARTMENT. 
The term “apartment” has the same meaning as defined in section BC 202 of the
New York city 
building code.
APPLICATION. 
The term “application” means an application for authorization for temporary
residence pursuant to 
this article.
AUTHORIZATION FOR TEMPORARY RESIDENCE. 
The term “authorization for
temporary” residence means 
an authorization issued by the department pursuant to section 28
-
507.4 authorizing the temporary use of an eligible 
basement or cellar as an apartment prior to the
issuance of a certificate of occupancy or temporary certificate of occu-
pancy for such use.
BASEMENT. 
The term “basement” means a story partly below the grade plane and having less
than one
-
half of its 
clear height, measured from finished floor to finished ceiling, below the grade
plane.
CELLAR. 
The term “cellar” means that portion of a building that is partly or wholly
underground, and having one
-
half or more of its clear height, measured from finished floor to
finished ceiling, below the grade plane.
ELIGIBLE BASEMENT OR CELLAR RESIDENCE. 
The term “eligible basement or cellar
residence” means a 
basement or cellar in an existing dwelling within the program area, unlawfully
arranged to be occupied as an apartment 
with acceptable 
kitchen and sanitation facilities as
described in department rules, and which apartment was in exist-
ence prior to April 20, 2024.
FAMILY. 
The term “family” has the same meaning as defined in the multiple dwelling law, except
that as used in 
this article, family shall not include any boarders, roomers, or lodgers.
PRE
-
EXISTING VIOLATION. 
The term “pre
-
existing violation” means a violation issued by an
agency of the city 
of New York for the illegal occupancy of a basement or a cellar for which a
notice of violation, administrative sum-
mons, criminal court summons, or other process was issued
prior to the date of issuance of an authorization for tem-
porary residence by the department
pursuant to this article.
PROGRAM AREA. 
The term “program” area means Bronx community district 9; Bronx
community district 10; 
Bronx community district 11; Bronx community district 12; Brooklyn
community district 4; Brooklyn community 
district 10; Brooklyn community district 11; Brooklyn
community district 17; Manhattan community district 2; 
MISCELLANEOUS PROVISIONS
Manhattan community district 3;
Manhattan community district 9; Manhattan community district 10; Manhattan com-
munity district
11; Manhattan community district 12; and Queens community district 2, and such other
community 
districts as may be authorized pursuant to section 289 of the multiple dwelling law.
RENTED. 
The term “rented” means leased, let, or hired out, with or without a written agreement.
TEMPORARY RESIDENCE PROGRAM. 
The term “temporary residence program” means a
program established 
pursuant to this article to facilitate the legalization of eligible basement and
cellar residences within the program area 
and to authorize their temporary use as apartments
pending the issuance of a certificate of occupancy or temporary 
certificate of occupancy for such
use.
TENANT. 
The term “tenant” means an individual to whom an eligible basement or cellar
residence is rented.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.2 Eligibility. 
This article applies to private dwellings and multiple dwellings. The
department shall estab-
lish a temporary residence program in accordance with 
this article. To
participate in such program, an owner of an 
eligible basement or cellar residence shall apply for
authorization for temporary residence pursuant to section 28
-
507.4 on or before April 20, 2029.
An application for temporary residence may not be made where the eligible base-
ment or cellar
residence is located within the 10
-
year rainfall flood risk area or the coastal flood risk area as
described 
in section 24
-
809, except as otherwise allowed pursuant to the New York city zoning
resolution.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.3 Occupancy. 
Notwithstanding section 27
-
751 of the 1968 New York city building code,
section 27
-
2087, 
section 1208.2 of the New York city building code, any applicable laws in
existence prior to December 6, 1968, or 
any provision of any other local law or the multiple
dwelling law that is inconsistent with or that would frustrate the 
purpose of this article, the
department may authorize the use of an eligible basement or cellar residence within the 
program
area as an apartment in accordance with th
is article.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4 Authorization for temporary residence. 
The department may issue an authorization
for temporary res-
idence for the use of an eligible basement or cellar residence in the program
area as an apartment prior to the issuance 
of a certificate of occupancy or temporary certificate
of occupancy in accordance with this section. The owner of an 
eligible basement or cellar
residence may submit an application for an authorization for temporary residence to the
department in a form and manner determined by th
e department. An application for an
authorization for temporary 
residence may not be used as the basis for an enforcement action for
illegal occupancy of such residence, provided 
that nothing in this article shall be construed to
prevent the issuance of a vacate order for an imminently hazardous or 
otherwise unsafe condition.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.1 Issuance of authorization for temporary residence. 
The department may issue
an authorization
for temporary residence upon determining that:
1. The basement or cellar referenced in such application is an eligible basement or cellar
residence;
2. Such eligible basement or cellar residence contains an apartment that was in existence
prior to April 20, 2024; 
and
3. Such eligible basement or cellar residence has been inspected, and:
3.1 Would not pose an imminent risk to the life or safety of occupants;
3.2 Contains a battery
-
operated or hard
-
wired smoke detector and carbon monoxide
detector;
3.3 Contains at least 1 means of egress directly to the outdoors in accordance with the
construction standards 
of chapter 10 of the New York city building code, including
access to a public way. Such means of egress 
shall be an exterior door that swings
inward and is provided with landings on both the interior and exterior 
sides in
accordance with section 1010.1.6 of the New York city building code; and
MISCELLANEOUS PROVISIONS
3.4 Has a minimum clear ceiling height in accordance with section 202.5 of appendix
U of the New York 
city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.2 Rulemaking. 
The department, in consultation with the fire department and the
office of emergency 
management, shall adopt rules governing the occupancy and use, prior to
the issuance of a certificate of occupancy 
or temporary certificate of occupancy, of eligible
basement and cellar residences that have been issued an author-
ization for temporary
residence, including minimum housing maintenance standards. Such rules shall:
1. Require occupancy of an eligible basement or cellar residence by not more than 1 family
maintaining a 
common household;
2. Prohibit an owner or occupant from renting or offering to rent such eligible basement
or cellar residence 
for less than 30 consecutive days; and
3. Prohibit registration of such residence for short
-
term rental pursuant to chapter 31 of
title 26.
Except as otherwise provided in such rules, the provisions of chapter 2 of title 27 shall not
apply to such eligible 
basement and cellar residences.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.3 Vacate orders. 
The department, the department of housing preservation and
development, or the 
fire department may stay an order to vacate an eligible basement or cellar
residence once an 
owner has applied 
for authorization for temporary residence or at any time
following the issuance of an authorization for temporary 
residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.4 Expiration of authorization for temporary residence. 
An authorization for
temporary residence 
expires 10 years after the date of its issuance. Prior to such expiration
date, the owner must obtain a certificate of 
occupancy or temporary certificate of occupancy
for such residence in accordance with section 28
-
507.6. An 
owner must comply with the
conditions set forth in section 28
-
507.4.5 during such 10
-
year period. The issuance 
of an
authorization for temporary residence allows occupancy of the
eligible basement or cellar
residence prior 
to the issuance of a certificate of occupancy or temporary certificate of
occupancy.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5 Requirements for maintaining an authorization for temporary residence. 
An
authorization for 
temporary residence shall be subject to the requirements set out in sections
28
-
507.4.5.1, 28
-
507.4.5.2, and 28
-
507.4.5.3
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5.1 Requirements within 3 months. 
Not later than 3 months following the date
such authori-
zation is issued, the owner must submit documentation in a form and manner
determined by the department 
establishing that:
1. Such eligible basement or cellar residence has smoke and carbon monoxide alarms
in 
accordance with 
sections U103.6.2 and U103.6.3 of appendix U of the New York
city building code;
2. Such eligible basement or cellar residence has water sensors and alarms in
accordance with section 
U202.11 of appendix U of the New York city building code;
3. Such eligible basement or cellar residence has the required signage posted in a
manner prescribed by 
chapter 2 of title 27 and the rules of the department of housing
preservation and development; and
4. The owner has notified any tenants in such eligible basement or cellar residence
about enrollment in 
an emergency alert system operated by the office of emergency
management.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
MISCELLANEOUS PROVISIONS
*
§ 28
-
507.4.5.2 Authorization requirements within 1 year. 
Not later than 1 year following
the date such 
authorization is issued, the owner must submit documentation in a form and
manner determined by the de-
partment establishing that such eligible basement or cellar
residence:
1. Complies with the fire separation standards set forth in section U202.7 of appendix
U of the New 
York city building code; and
2. Is tested and meets the standard set forth in rules promulgated by the department of
health and mental 
hygiene in consultation with the mayor’s office of environmental
remediation, in accordance with sec-
tions U202.9 and U202.10 of appendix U of the
New York city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5.3 Authorization requirements within 2 years. 
Not later than 2 years
following the date such 
authorization is issued, the owner must submit documentation in a
form and manner determined by the de-
partment establishing that such eligible basement
or cellar residence has an automatic sprinkler system in 
accordance with section U103.6.1
of Appendix U of the New York city building code and section 28
-
507.9, 
provided, however,
that notwithstanding any provision of this article or the multiple dwelling law, in no case
shall the addition of an eligible basement or cellar residence require the installation of an
automatic sprinkler 
outside of the eligible basement or cellar residence, or outside of the
means of egress from such residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.6 Additional safety or construction requirements. 
An eligible basement or cellar
residence must 
be in compliance with any additional safety or construction requirements
established pursuant to rules promul-
gated by the department in consultation with the fire
department and the office of emergency management.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.5 Deferral or waiver of penalties by the department. 
Payment of any civil penalties for
violations issued 
by the department that would otherwise be required to be paid by an owner of an
eligible basement or cellar residence 
before the issuance of a permit for alterations to comply with
section 28
-
507.4 may be deferred, and upon issuance of 
a certificate of occupancy or temporary
certificate of occupancy in accordance with section 28
-
507.6, such deferred 
amounts may be
waived. Notwithstanding the p
receding sentence, deferred amounts shall continue to be due and
owing to the department. Where an owner fails to comply with the requirements of this article,
deferred amounts shall 
no longer be deferred and payment may be enforced in accordance with
this code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6 Certificates of occupancy pursuant to this article. 
Notwithstanding any inconsistent
provision of the 
multiple dwelling law, article 118 of chapter 1, or of any other law, where an
eligible basement or cellar residence in 
a one
- 
or two
-
family home has been issued an
authorization for temporary residence in accordance with section 28
-
507.4, the department may
issue a certificate of occupancy pursuant to the article as follows:
1. For a building erected prior to January 1, 1938 that does not have and is not otherwise
required to have a 
certificate of occupancy, issue a partial certificate of occupancy limited to
the new or altered apartment in the 
basement of a building or the new apartment in the cellar
of a building.
2. For a building with an existing certificate of occupancy, issue an amended certificate of
occupancy limited to 
the new or altered apartment in the basement of such building or the new
apartment in the cellar of such building.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.1 Issuance of an amended or partial certificate of occupancy. 
A partial or
amended certificate of 
occupancy shall be issued subject to the following conditions:
1. Upon inspection, the apartment being created or altered (i) conforms substantially to
the approved con-
struction documents, complies with this code and other applicable laws,
except as specifically provided in 
this article, and is safe for occupancy, or (ii) the
department upon an inspection certifies that waiver of oth-
erwise applicable requirements
is appropriate because such apartment provides for the health and safety of 
all occupants
of such dwelling by alternative means that are no less stringent than the requirements of
MISCELLANEOUS PROVISIONS
this article.
2. Upon inspection, the required means of egress from all floors of the building comply
with this code and 
other applicable laws.
3. A partial or amended certificate of occupancy or a temporary certificate of occupancy
may be issued where 
there are open pre
-
existing violations in the building. All such open
violations, including those specified in 
the exceptions below, shall remain administratively
open and the department may thereafter continue to en-
force against such violations until,
in accordance with applicable provisions of this code, outstanding penal-
ties are paid and,
if applicable, certificates of correction are approved by t
he department.
Exceptions:
1. Where a pre
-
existing 
violation in parts of the building outside of the new or altered
apartment is classified 
as “immediately hazardous,” the condition that gave rise to the
issuance of such immediately hazardous vio-
lation must be removed or remedied in
accordance with the New York city construction codes and to the 
satisfaction of the
commissioner of buildings, and evidence of such removal or remediation in the form of
plans, drawings, photos, affidavits, or a combination thereof, with the signature and
seal of a registered de
sign 
professional or, if applicable, a licensee of the department
in the applicable trade, must be submitted to the 
department prior to the issuance of
such amended or partial certificate of occupancy or a temporary certificate 
of
occupancy.
2. Any condition that gave rise to a pre
-
existing violation in the new or altered
apartment must be removed 
or remedied by work performed under permits issued
pursuant to this article.
3. Notwithstanding any inconsistent provision of this code, including sections 28
-
118.14 and 28
-
219.1, a 
certificate of occupancy or a temporary certificate of
occupancy may be issued for a basement or cellar apart-
ment created or altered
pursuant to this article where there are outstanding fines and civil penalties for preex-
isting
violations, provided that such fines and civil penalties may remain due and
owing, and the department 
may thereafter enforce and collect such amounts in
accordance with this code,
unless such department deter-
mines that such fines and civil
penalties should be waived in the interest of the program. When determining 
whether
to waive such fines and civil penalties, the department may consider factors including
the number 
and pecuniary amount of fines and civil penalties owed, the financial need
of the owner, and the likely effect 
of such fines and civil penalties on compliance with
this code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.2 Refusal to issue a certificate of occupancy or temporary certificate of
occupancy. 
The depart-
ment may refuse to issue a certificate of occupancy or a temporary
certificate of occupancy pursuant to this section 
if there are outstanding violations issued by
the department, penalties or open permits not signed off related for 
work performed under
permits issued pursuant to this article until such penalties have been paid, such violations 
have
been corrected, including filing certificates of corre
ction, if applicable, and permits have been
closed, as 
required by this code.
§ 28
-
507.6.3 Certificates of occupancy to reference this article. 
Every certificate of occupancy
or temporary 
certificate of occupancy issued for a basement or cellar apartment in a one
- 
or
two
-
family home created or altered 
pursuant to this article must contain a reference to this
article. A partial or amended certificate of occupancy or a 
temporary certificate of occupancy
issued pursuant to section 28
-
507.6 must contain a note that such certificate 
of occupancy does
not certify compliance with applicable
laws with respect to parts of the building outside of the
apartment created or altered pursuant to this article.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.4 Certificate of occupancy for one
- 
or two
-
family home. 
Where a basement or
cellar in a one
- 
or 
two
-
family home has been issued an authorization for temporary residence
in accordance with section 28
-
507.4, 
the department shall issue a certificate of occupancy,
temporary certificate of occupancy, partial certificate of 
occupancy, or amended certificate of
occupancy for such dwelling in accordance with the requirements of appen-
dix U of the New
York city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.the department may
issue a certificate of occupancy pursuant to the article as follows:
1. For a building erected prior to January 1, 1938 that does not have and is not otherwise
required to have a 
certificate of occupancy, issue a partial certificate of occupancy limited to
the new or altered apartment in the 
basement of a building or the new apartment in the cellar
of a building.
2. For a building with an existing certificate of occupancy, issue an amended certificate of
occupancy limited to 
the new or altered apartment in the basement of such building or the new
apartment in the cellar of such building.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.1 Issuance of an amended or partial certificate of occupancy. 
A partial or
amended certificate of 
occupancy shall be issued subject to the following conditions:
1. Upon inspection, the apartment being created or altered (i) conforms substantially to
the approved con-
struction documents, complies with this code and other applicable laws,
except as specifically provided in 
this article, and is safe for occupancy, or (ii) the
department upon an inspection certifies that waiver of oth-
erwise applicable requirements
is appropriate because such apartment provides for the health and safety of 
all occupants
of such dwelling by alternative means that are no less stringent than the requirements of
MISCELLANEOUS PROVISIONS
this article.
2. Upon inspection, the required means of egress from all floors of the building comply
with this code and 
other applicable laws.
3. A partial or amended certificate of occupancy or a temporary certificate of occupancy
may be issued where 
there are open pre
-
existing violations in the building. All such open
violations, including those specified in 
the exceptions below, shall remain administratively
open and the department may thereafter continue to en-
force against such violations until,
in accordance with applicable provisions of this code, outstanding penal-
ties are paid and,
if applicable, certificates of correction are approved by t
he department.
Exceptions:
1. Where a pre
-
existing 
violation in parts of the building outside of the new or altered
apartment is classified 
as “immediately hazardous,” the condition that gave rise to the
issuance of such immediately hazardous vio-
lation must be removed or remedied in
accordance with the New York city construction codes and to the 
satisfaction of the
commissioner of buildings, and evidence of such removal or remediation in the form of
plans, drawings, photos, affidavits, or a combination thereof, with the signature and
seal of a registered de
sign 
professional or, if applicable, a licensee of the department
in the applicable trade, must be submitted to the 
department prior to the issuance of
such amended or partial certificate of occupancy or a temporary certificate 
of
occupancy.
2. Any condition that gave rise to a pre
-
existing violation in the new or altered
apartment must be removed 
or remedied by work performed under permits issued
pursuant to this article.
3. Notwithstanding any inconsistent provision of this code, including sections 28
-
118.14 and 28
-
219.1, a 
certificate of occupancy or a temporary certificate of
occupancy may be issued for a basement or cellar apart-
ment created or altered
pursuant to this article where there are outstanding fines and civil penalties for preex-
isting
violations, provided that such fines and civil penalties may remain due and
owing, and the department 
may thereafter enforce and collect such amounts in
accordance with this code,
unless such department deter-
mines that such fines and civil
penalties should be waived in the interest of the program. When determining 
whether
to waive such fines and civil penalties, the department may consider factors including
the number 
and pecuniary amount of fines and civil penalties owed, the financial need
of the owner, and the likely effect 
of such fines and civil penalties on compliance with
this code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.2 Refusal to issue a certificate of occupancy or temporary certificate of
occupancy. 
The depart-
ment may refuse to issue a certificate of occupancy or a temporary
certificate of occupancy pursuant to this section 
if there are outstanding violations issued by
the department, penalties or open permits not signed off related for 
work performed under
permits issued pursuant to this article until such penalties have been paid, such violations 
have
been corrected, including filing certificates of corre
ction, if applicable, and permits have been
closed, as 
required by this code.
§ 28
-
507.6.3 Certificates of occupancy to reference this article. 
Every certificate of occupancy
or temporary 
certificate of occupancy issued for a basement or cellar apartment in a one
- 
or
two
-
family home created or altered 
pursuant to this article must contain a reference to this
article. A partial or amended certificate of occupancy or a 
temporary certificate of occupancy
issued pursuant to section 28
-
507.6 must contain a note that such certificate 
of occupancy does
not certify compliance with applicable
laws with respect to parts of the building outside of the
apartment created or altered pursuant to this article.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.4 Certificate of occupancy for one
- 
or two
-
family home. 
Where a basement or
cellar in a one
- 
or 
two
-
family home has been issued an authorization for temporary residence
in accordance with section 28
-
507.4, 
the department shall issue a certificate of occupancy,
temporary certificate of occupancy, partial certificate of 
occupancy, or amended certificate of
occupancy for such dwelling in accordance with the requirements of appen-
dix U of the New
York city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.the department may
issue a certificate of occupancy pursuant to the article as follows:
1. For a building erected prior to January 1, 1938 that does not have and is not otherwise
required to have a 
certificate of occupancy, issue a partial certificate of occupancy limited to
the new or altered apartment in the 
basement of a building or the new apartment in the cellar
of a building.
2. For a building with an existing certificate of occupancy, issue an amended certificate of
occupancy limited to 
the new or altered apartment in the basement of such building or the new
apartment in the cellar of such building.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.1 Issuance of an amended or partial certificate of occupancy. 
A partial or
amended certificate of 
occupancy shall be issued subject to the following conditions:
1. Upon inspection, the apartment being created or altered (i) conforms substantially to
the approved con-
struction documents, complies with this code and other applicable laws,
except as specifically provided in 
this article, and is safe for occupancy, or (ii) the
department upon an inspection certifies that waiver of oth-
erwise applicable requirements
is appropriate because such apartment provides for the health and safety of 
all occupants
of such dwelling by alternative means that are no less stringent than the requirements of
MISCELLANEOUS PROVISIONS
this article.
2. Upon inspection, the required means of egress from all floors of the building comply
with this code and 
other applicable laws.
3. A partial or amended certificate of occupancy or a temporary certificate of occupancy
may be issued where 
there are open pre
-
existing violations in the building. All such open
violations, including those specified in 
the exceptions below, shall remain administratively
open and the department may thereafter continue to en-
force against such violations until,
in accordance with applicable provisions of this code, outstanding penal-
ties are paid and,
if applicable, certificates of correction are approved by t
he department.
Exceptions:
1. Where a pre
-
existing 
violation in parts of the building outside of the new or altered
apartment is classified 
as “immediately hazardous,” the condition that gave rise to the
issuance of such immediately hazardous vio-
lation must be removed or remedied in
accordance with the New York city construction codes and to the 
satisfaction of the
commissioner of buildings, and evidence of such removal or remediation in the form of
plans, drawings, photos, affidavits, or a combination thereof, with the signature and
seal of a registered de
sign 
professional or, if applicable, a licensee of the department
in the applicable trade, must be submitted to the 
department prior to the issuance of
such amended or partial certificate of occupancy or a temporary certificate 
of
occupancy.
2. Any condition that gave rise to a pre
-
existing violation in the new or altered
apartment must be removed 
or remedied by work performed under permits issued
pursuant to this article.
3. Notwithstanding any inconsistent provision of this code, including sections 28
-
118.14 and 28
-
219.1, a 
certificate of occupancy or a temporary certificate of
occupancy may be issued for a basement or cellar apart-
ment created or altered
pursuant to this article where there are outstanding fines and civil penalties for preex-
isting
violations, provided that such fines and civil penalties may remain due and
owing, and the department 
may thereafter enforce and collect such amounts in
accordance with this code,
unless such department deter-
mines that such fines and civil
penalties should be waived in the interest of the program. When determining 
whether
to waive such fines and civil penalties, the department may consider factors including
the number 
and pecuniary amount of fines and civil penalties owed, the financial need
of the owner, and the likely effect 
of such fines and civil penalties on compliance with
this code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.2 Refusal to issue a certificate of occupancy or temporary certificate of
occupancy. 
The depart-
ment may refuse to issue a certificate of occupancy or a temporary
certificate of occupancy pursuant to this section 
if there are outstanding violations issued by
the department, penalties or open permits not signed off related for 
work performed under
permits issued pursuant to this article until such penalties have been paid, such violations 
have
been corrected, including filing certificates of corre
ction, if applicable, and permits have been
closed, as 
required by this code.
§ 28
-
507.6.3 Certificates of occupancy to reference this article. 
Every certificate of occupancy
or temporary 
certificate of occupancy issued for a basement or cellar apartment in a one
- 
or
two
-
family home created or altered 
pursuant to this article must contain a reference to this
article. A partial or amended certificate of occupancy or a 
temporary certificate of occupancy
issued pursuant to section 28
-
507.6 must contain a note that such certificate 
of occupancy does
not certify compliance with applicable
laws with respect to parts of the building outside of the
apartment created or altered pursuant to this article.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.4 Certificate of occupancy for one
- 
or two
-
family home. 
Where a basement or
cellar in a one
- 
or 
two
-
family home has been issued an authorization for temporary residence
in accordance with section 28
-
507.4, 
the department shall issue a certificate of occupancy,
temporary certificate of occupancy, partial certificate of 
occupancy, or amended certificate of
occupancy for such dwelling in accordance with the requirements of appen-
dix U of the New
York city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
MISCELLANEOUS PROVISIONS
*
§ 28
-
507.6.5 Certificate of occupancy for a multiple dwelling. 
Except as may be provided in
the rules of the 
department, in consultation with the fire department, the office of emergency
management, the department of 
housing preservation and development, the department
environmental protection, and the department health and 
mental hygiene, where a basement
or cellar in a multiple dwelling has been issued an authorization for temporary 
residence in
accordance with section 28
-
507.4, the department shall issu
e a certificate of occupancy,
temporary 
certificate of occupancy, or amended certificate of occupancy for such dwelling in
accordance with the require-
ments of this code for Group R
-
2 occupancy.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.7 Waiver of application, permit, and inspection fees by the department. 
The
commissioner shall waive 
all fees, which would otherwise be required to be paid to the department
by this title, the New York city electrical 
code, or the rules of the department, in connection with
applications, permits, and inspections for work in the program 
area related to the creation or
alteration of habitable apartments in basements and cellars where such apartments are 
officially
subsidized under the program administered by the department of housing preservation and
development 
pursuant to section 28
-
507.12.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.8 Waiver of fees by other agencies. 
The department of environmental protection shall
waive all fees which 
would otherwise be required to be paid to such department arising out of the
creation or alteration of habitable apart-
ments in basements and cellars where such apartments
are officially subsidized under the program administered by 
the department of housing
preservation and development pursuant to section 28
-
507.12. Any other agency may prom-
ulgate
rules to waive fees that would otherwise be required to be paid arising out of the creation or
alteration of such 
apartments where such apartments are officially subsidized under the program
administered by the department of 
housing preservation and development pursuant to section 28
-
507.12, and where such agency determines that such 
waiver would facilitate such program.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.9 Compliance with fire code sprinkler requirements for altered buildings on
substandard width 
streets. 
Any habitable apartment in a basement or cellar created or altered
pursuant to section 28
-
507.3 shall be 
deemed to be an alteration subject to exception 5.1 of section
501.4.3.1 of the New York city fire code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.10 Construction. 
Except as specifically provided in this article, nothing in this article is
intended to grant 
authorization for any work to be done in any manner in violation of the
provisions of this code, or any other law or 
rule.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.11 Enforcement and revocation. 
The provisions of this article shall be enforced in
accordance with section 
28
-
507.11.1, 28
-
507.11.2, and 28
-
507.11.3.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.11.1 Violations. 
Violations of this article and rules of the department promulgated
pursuant to this 
article shall be subject to enforcement and penalties in accordance with
chapter 2 of this title. Notices of violation, 
administrative summonses, and appearance tickets
may be issued by employees of the department or the fire 
department.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.11.2 Inspections and revocation. 
The department and the fire department may
inspect eligible base-
ment or cellar residence participating in the program authorized by this
article in accordance with applicable law. 
The department may, after 
notice and opportunity
to be heard, revoke an authorization for temporary residence 
where 3 or more violations of
this article or rules of the department promulgated pursuant to this article have been
committed within a 1 year period, or where any violation of section 28
-
507.4 has been
committed.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
‡‡‡ Chapter 5 was amended by 
Local Law 
77 
of 2023
. This law has an effective date of June 10, 2023.
CHAPTER 5
MISCELLANEOUS PROVISIONS
ARTICLE 501
MAINTENANCE PERMIT FOR OUTDOOR SIGNS
§28
-
501.1 Permit required.
The commissioner may, in his or her discretion, when necessary in the public interest, 
establish a permit requirement for signs maintained in the areas described in this article in accordance with the 
provisions of this article and the rules of the departm
ent. On and after a date to be provided by the rules establishing 
such a permit requirement, and subject to the provisions of section 28
-
501.6 of this code, it shall be unlawful to place 
or maintain a sign, as defined in section 
12
-
10 of the zoning resolution, on any building or premises unless a permit 
for the maintenance of such sign has been issued by the department pursuant to this article if such sign is within a 
distance of 900 linear feet (274 m) from and within view of an 
arterial highway or within a distance of 200 linear 
feet (60 960 mm) from and within view of a public park with an area of one half acre or more.
§28
-
501.1.1 Other permits notwithstanding.
Where a sign maintenance permit has been established by the com
-
missioner pursuant to section 28
-
501.1 such permit shall be required for all signs maintained in the areas described 
in such section 28
-
501.1 and not otherwise excluded under section 28
-
501.6,
whether or not a work permit is 
required and/or has been issued for the installation, alteration or erection of such sign pursuant to chapter 1 of this 
title.
§28
-
501.1.2 Arterial highway.
For the purposes of this article, the term arterial highway shall include all high-
ways that are shown on the master plan of arterial highways and major streets as principal routes, parkways or 
toll crossings and that have been designated by the city planni
ng commission as arterial highways to which the 
provisions of sections 42
-
55 and 32
-
66 of the zoning resolution shall apply as shown in appendix H “Designation 
of Arterial Highways” of the zoning resolution.
§28
-
501.2 Application.
Application for a permit or for the renewal of a permit shall be made on forms to be furnished 
by the department and shall contain such information as the department shall prescribe. Except as otherwise provided 
in section 28
-
501.3, a permit shall remain i
n effect for a period to be determined by rule and may be renewed. The 
fee for a permit or for its renewal shall be established by rule. The identification number of the permit shall be 
displayed on the sign or on the building or pre
mises on which the sign is located or both, in a manner to be provided 
by rule.
§28
-
501.3 Permit expiration.
A permit issued pursuant to this article shall expire and be of no further force or effect 
where:
1.
In the case of a sign which is accessory to a principal use within the meaning of section 12
-
10 of the zoning 
resolution, there has been a discontinuance of the operation of the principal use to which such sign is accessory, 
or in the event the sign is 
no longer in the same ownership as such principal use or is no longer operated and 
maintained substantially for the benefit or convenience of the owners, occupants, employees, customers or vis-
itors of the principal use;
2.
In the case of any sign for which a permit has been issued pursuant to this article, whether or not accessory to a 
principal use within the meaning of section 12
-
10 of the zoning resolution, there has been a change in copy 
which the commissioner has det
ermined renders such sign no longer in compliance with the zoning resolution. 
The commissioner shall prescribe by rule procedures for the notification to the department concerning changes 
in copy which have been made on signs for which permits have been is
sued under this article. Nothing herein 
shall be construed as limiting the ability of any person to apply for a new permit pursuant to this article.
§28
-
501.4 Civil penalties.
Any person who places or maintains a sign on a building or premises without an appro-
priate permit in violation of this article shall be liable for a civil penalty of, for a first violation, not more than fifte
en 
MISCELLANEOUS PROVISIONS
thousand dollars and, for a second or subsequent violation, not more than twenty
-
five thousand dollars. Each day’s 
continuance shall be a separate and distinct violation. Such civil penalties may be recovered in an action in any court 
of appropriate jurisd
iction or in a proceeding before the environmental control board. Such board shall have the 
power to impose the civil penalties provided for in this article. Notwithstanding the provisions of section six hundred 
sixty
-
six of the charter, a notice of violat
ion issued by the department pursuant to this section 28
-
501.4 shall not be 
subject to review by the board of standards and appeals.
§28
-
501.5 Construction.
This chapter shall not be construed to grant the right to place or maintain a sign on any 
building or premises where the placement or maintenance of such sign would otherwise be prohibited pursuant to 
the zoning resolution, the administrative code or any o
ther provision of law. No permit for a sign issued hereunder 
shall be deemed to constitute permission or authorization to maintain a sign which is unlawful pursuant to any other 
provisions of law nor shall any permit issued hereunde
r constitute a defense in an action or proceeding with respect 
to such an unlawful sign.
§28
-
501.6 Exemption.
The provisions of this article shall not apply to:
1.
Signs with a surface area of 200 square feet (19 m
2
) or less that are located no higher than 3 feet (914 mm) above 
the floor of the second story of the building on which the sign is located; and
2.
Signs under the control of an outdoor advertising company and included on a certified list of signs, sign stru
c-
tures, and sign locations under the control of such company required to be filed with the department pursuant to 
this chapter.
ARTICLE 502
OUTDOOR ADVERTISING COMPANIES
§28
-
502.1 Definitions.
As used in this chapter, the following terms shall have the following meanings:
AFFILIATE. 
An outdoor advertising company having a controlling interest in another outdoor advertising company 
or in which such other outdoor advertising company has a controlling interest. In addition, where a person or entity 
has control
-
ling interests in two or mo
re outdoor advertising companies, such outdoor advertising companies shall 
be considered affiliates of each other. A “controlling interest” means actual working control, in whatever manner 
exercised, including without limitation, control through
ownership, management, debt instruments or negative con-
trol, as the case may be, as defined in rules of the department.
OUTDOOR ADVERTISING BUSINESS. 
The business of selling, leasing, marketing, managing, or otherwise ei-
ther directly or indirectly making space on signs situated on buildings and premises within the city of New York 
available to others for advertising purposes, whether such advertising di
rects attention to a business, profession, 
commodity, service or entertainment conducted, sold, or offered on the same or a different zoning lot and whether 
such sign is classified as an advertising sign pursuant to section 12
-
10 of the zoning resolution.
‡‡‡
OUTDOOR ADVERTISING COMPANY. 
A 
person, corporation, partnership or other business entity that as a 
part of the regular conduct of its business engages in or, by way of advertising, promotions or other methods, holds 
itself out as engaging in the outdoor advertising business.
SIGN. 
A sign as defined in section 12
-
10 of the zoning resolution except that such term shall not include any sign 
subject to regulation by the department of transportation.
SIGN LOCATION. 
A building or premises on which an out
-
door advertising company is entitled to sell, lease, 
market, manage or otherwise either directly or indirectly make space on signs available to customers, irrespective of 
whether a sign exists on such building or prem
ises.
UNDER THE CONTROL OF AN OUTDOOR ADVER
TISING COMPANY 
in 
reference to a sign, sign struc-
ture, or sign location. That space on such sign, sign structure, or at such sign location that is sold, leased, marketed, 
managed or otherwise either directly or indirectly made available to others for any purposes by such ou
tdoor adver-
tising company.
§28
-
502.2 Registration of outdoor advertising companies.
On and after a date to be provided by rule, it shall be 
unlawful for an outdoor advertising company to engage in the outdoor advertising business or, by way of advertising, 
promotions or other methods, hold itself out as engaging in the outdoor advertising
business unless such company is 
MISCELLANEOUS PROVISIONS
registered in accordance with this code and the rules of the department. Such rules shall establish a procedure pur-
suant to which the department may require the single registration of an outdoor advertising company and its affiliates. 
An outdoor advertisin
g company and its affiliates made subject to single registration shall be considered a single 
outdoor advertising company for purposes of this code.
§28
-
502.2.1 Application.
Application for registration or the renewal of registration shall be made on forms to be 
furnished by the department, may be made through electronic means, and shall contain such information as the 
department shall prescribe. Registration shall remain in f
orce for two years and may be renewed. The fee for such 
registration and for the renewal of such registration shall be established by rule and may be based on the number 
of signs in the registered inventory.
§28
-
502.2.2 Security.
Each outdoor advertising company shall post a bond or provide another form of security to 
the city in an amount to be determined by the department by rule to cover:
1.
All costs incurred by the city pursuant to this code for painting over, covering, rendering ineffective or for 
the removal and storage of an illegal sign or sign structure under the control of such outdoor advertising 
company; and
2.
All fines or civil penalties imposed against such company pursuant to this chapter.
§28
-
502.3 Revocation or suspension of registration.
The department may revoke, suspend or refuse to renew the 
registration of an outdoor advertising company or impose fines or other penalties where it is determined by the 
commissioner, after notice and the opportunity to be heard, that (i) such company has 
made statements that it knew 
or should have known are false in any application or certification filed with the department, (ii) such company has 
failed to comply with section 28
-
502.4 of this code or the 
rules adopted pursuant to its provisions by failing to file a 
listing of signs, sign structures and sign locations under its control as specified in such section within the time and 
in the manner required by department rules or by filing an incomplete list
ing of signs, sign structures and sign loca-
tions under its control as specified in such section, (iii) such company has been found liable for or has admitted to 
violations of the zoning resolution under section 28
-
502.6 of this code committed on three or m
ore occasions within 
a 36 month period, where such violations relate to the erection, maintenance, attachment, affixing, painting or rep-
resentation in any other manner on a building or premises of advertising signs, as defined in section 12
-
10 of the 
zonin
g resolution, at locations where the display of such advertising signs is not permitted under the zoning resolu-
tion or at locations where the display of such advertising signs violates the size, height, or illumination provisions of 
the zoning resolution, 
and such signs are located within a distance of nine hundred linear feet from and within view 
of an arterial highway or within 200 linear feet (60 960 mm) from and within view of a public park with an area of 
one half acre or more, (iv) such company has fa
iled to pay any civil penalties imposed or amounts owed to the city 
pursuant to section 28
-
502.6 of this code or article 503 of this chapter or, (v) such company has violated the depart-
ment’s rules pertaining to outdoor advertising companies. No applicatio
n for registration by an outdoor advertising 
company or any affiliate thereof shall be accepted for filing by the department for a period of five years after revo-
cation of or the refusal to renew the registration of such outdoor advertising company pursuan
t to this code. The 
department shall not accept or process any applications for permits to install, erect or alter signs pursuant to this code 
or for the maintenance of signs pursuant to section 28
-
501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration 
of such outdoor advertising company has been revoked or not renewed or during the term of any period of sus
-
pension of such registrati
on. The commissioner may settle any proceeding in which the revocation, suspension or 
renewal of an outdoor advertising company’s registration is at issue upon such terms and conditions as he or she may 
deem appropriate including but not limited to the agr
eement of an outdoor advertising company to remove signs 
along with supporting sign structures as a condition for the dismissal of such proceeding.
§28
-
502.4 Reporting requirement.
An outdoor advertising company shall provide the department with a list with 
the location of signs, sign structures and sign locations under the control of such outdoor advertising company in 
accordance with the following provisions:
1.
The list shall include all signs, sign structures and sign locations located (i) within a distance of 900 linear feet 
(274 m) from and within view of an arterial highway; or (ii) within a distance of 200 linear feet (60 960 mm) 
from and within view of a
public park with an area of 
1
/
2
acre (2023 m
2
) or more.
2.
The commissioner may, by rule, expand the scope of 
such list to include the reporting of other signs, sign struc-
tures and sign locations, as specified in such rule.
MISCELLANEOUS PROVISIONS
§28
-
502.4.1 Form of list.
The list shall be in such form, containing such information and filed at such periodic 
intervals or upon such other conditions, as the department shall prescribe by rule.
§28
-
502.4.2 Other required information.
Such list shall also indicate the work permit identification numbers for 
the erection, alteration or installation of such signs pursuant to chapter 1 of this title and for the maintenance of 
such signs pursuant to article 501, unless a permit is not requir
ed pursuant to such provisions, as well as the name 
and license number of the master or special sign hanger who hung or erected each such sign.
§28
-
502.4.3 Certification of list.
Such list shall be accompanied by (i) a certification by an architect or engineer, 
co
-
signed by a responsible officer of the outdoor advertising company, that all signs reported on such list are in 
compliance with the zoning resolution; (ii) copies of proo
f that the sign complies with the zoning resolution and 
a certification by the sign’s owner that to the best of the certifier’s knowledge and belief the information provided 
is accurate, or (iii) a written opinion by the 
department, stating that the sign to which the opinion refers complies 
with the zoning resolution. Notwithstanding any inconsistent provision of this code, where, in accordance with 
the department’s rules, the department renders an opinion, determination o
r decision relating to whether a sign is 
nonconforming or whether it is located in proximity to an arterial highway as defined by the zoning resolution, 
such decision, determination or opinion will be appealable to the board of standards and appeals in acc
ordance 
with applicable law. If a timely appeal to such board is taken, the department shall not issue a notice of violation 
with respect to such sign pending a determination of such appeal by such board.
§28
-
502.4.4 Public access to list.
The commissioner shall make all listings filed pursuant to this article accessible 
to the public.
§28
-
502.5 Display of name and registration number of outdoor advertising company.
On and after a date to be 
pre
-
scribed by rule, the commissioner shall require that each outdoor advertising company display, in a manner to 
be pro
-
vided by rule, on each sign under its control or on the building or premises where each sign under its contro
l 
is located or both, (i) the name and registration number of such company and, (ii) unless a permit is not required, the 
work permit identification number for the installati
on, alteration or erection of the sign pursuant to chapter 1 of this 
code and, if applicable, for the maintenance of the sign pursuant to article 501.
§28
-
502.6 Criminal and civil penalties.
Outdoor advertising companies that violate the zoning resolution, this code, 
the 1968 building code or rules of the department shall be subject to criminal and civil penalties in accordance with 
this article.
§28
-
502.6.1 General.
Notwithstanding any other provision of law, an outdoor advertising company shall be liable 
for a civil penalty in accordance with this article if a sign under its control has been erected, maintained, attached, 
affixed, painted on, or in any other manner r
epresented on a building or premises in violation of any provision of 
the zoning resolution, this code, the 1968 building code or rules adopted pursuant thereto relating to signs.
§28
-
502.6.2 Unlawful for outdoor advertising company to sell space on illegal sign.
It shall be unlawful for an 
out
-
door advertising company to sell, lease, market, manage or otherwise make available to others for advertising 
purposes space on a sign that has been erected, maintained, attached, affixed, painted on or in any other manner 
r
epresented on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 
building code or rules adopted pursuant thereto or to enter
into any agreement for such purpose.
§28
-
502.6.3 Unlawful to transfer sign to unregistered outdoor advertising company.
On and after a date to be 
provided by rule, it shall be unlawful for an outdoor advertising company to sell or otherwise transfer control of 
a sign or sign location or of any right of such company to sell, lease, market, manage or otherwise make space on 
a
sign or at a sign location available to others for advertising purposes to an outdoor advertising company that is 
not registered in accordance with this article and the rul
es of the department.
§28
-
502.6.4 Civil penalty.
An outdoor advertising company that violates any of the provisions of this article shall 
be subject to a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent violation, not more than twenty
-
five th
ousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.5 Criminal penalty.
Notwithstanding any inconsistent provision of law, an outdoor advertising com-
pany shall, upon being found guilty, be subject to fines or imprisonment or both pursuant to this code if a sign 
under its control has been erected, maintained, attached, affixed,
painted on, or in any other manner represented 
MISCELLANEOUS PROVISIONS
on a building or premises in violation of any provision of the zoning resolution, this code, the 1968 building code 
or rules adopted pursuant thereto relating to signs.
§28
-
502.6.6 Activity by unregistered company.
On and after a date to be provided by rule, an outdoor advertising 
company that engages in the outdoor advertising business or, by way of advertisement, promotion or other meth-
ods holds itself out as engaging in the outdoor advertising business without reg
istering with the department pur-
suant to this chapter, or, after such registration has been revoked or not renewed pursuant to this code continues 
to engage in such business beyond a date specified by the commi
ssioner in his or her determination to revoke or 
not renew, shall be guilty of a misdemeanor subject to a fine not to exceed five thousand dollars or a sentence of 
imprisonment of not more than one year or both such fine and imprisonment for each offense. 
In the case of a 
continuing violation each day’s continuance shall be a separate and distinct violation. Such company shall also 
be liable for a civil penalty of, for a first violation, not more than fifteen thousand dollars and, for a second or 
subsequent
violation, not more than twenty
-
five thousand dollars. Each day’s continuance shall be a separate and 
distinct violation.
§28
-
502.6.7 Venue.
Civil penalties may be recovered in an action in any court of appropriate jurisdiction or in a 
proceeding before the environmental control board. Such board shall have the power to impose the civil penalties 
provided for in this article. Notwithstanding th
e provisions of section six hundred sixty
-
six of the charter, a notice 
of violation issued by the department pursuant to this article shall not be subject to review by the board of stand-
ards and appeals.
§28
-
502.7 Signs under control of unregistered outdoor advertising company are public nuisance.
On and after a 
date to be provided by rule, it shall be unlawful to erect, maintain, attach, affix, paint on, or in any other manner 
represent on a building or premises any sign that is under the control of an unregistered outdoor advertising company. 
In a
ddition to or as an alternative to any other remedies or penalties provided under any other provision of law, the 
commissioner may commence a proceeding for the 
removal of such sign or its sign structure or both in accordance 
with the procedures set forth in this code for the abatement of a nuisance and any such sign and its sign structure is 
hereby declared to be a public nuisance pursuant thereto. All of the pro
visions of article 503 of this chapter shall 
apply to the removal of a sign pursuant to this article except that a sign under the control of an unregistered outdoor 
advertising company may be removed whether or not it is in compliance with the zoning resol
ution, this code, the 
1968 building code or rules adopted pursuant thereto, and irrespective of whether it has a surface area greater than 
200 square feet (19 m
2
).
§28
-
502.8 Franchise or concession disqualification.
Not
-
withstanding any other provision of law to the contrary, 
an out
-
door advertising company, or any affiliate thereof, that has been found guilty of a misdemeanor or liable for 
a civil penalty pursuant to this article or whose registration has been revoke
d shall be considered ineligible for the 
award of any city franchise or concession, and shall be prohibited from administering any advertising program on 
behalf of a city franchisee or concessionaire, for
a period of five years following judgment or decision.
§28
-
502.9 Investigations.
The department may investigate any matter within the jurisdiction conferred by this chap-
ter and shall have full power to compel the attendance, examine and take testimony under oath of such persons as it 
may deem necessary in relation to such investigation
, and to require the pro
-
duction of books, accounts, papers and 
other evidence relevant to such investigation. The department of investigation may, at the request of the commis-
sioner, assist the department in any investigation con
ducted pursuant to this article.
ARTICLE 503
NUISANCE ABATEMENT FOR ILLEGAL SIGNS
§28
-
503.1 General.
A sign with a surface area greater than 200 square feet (19 m
2
) that is erected, maintained, 
attached, affixed, painted on, or in any other manner represented on a building or premises in violation of the zoning 
resolution, this code, the 1968 building code or rules adopted pursuant thereto is hereby declared to be a
public 
nuisance. The commissioner may, after notice and hearing, order the removal of such illegal sign or its sign structure 
or both, as hereinafter provided.
§28
-
503.2 Notice.
The commissioner shall serve a notice of hearing with regard to the proposed nuisance abatement 
on the owner and mortgagee of record of the building or premises and other persons having a recorded interest in the 
property in the manner provided in article 
212 of chapter 2 of this title for the service of an order of closure. If the 
sign is under the control of an outdoor advertising company and an address for such company is reasonably 
MISCELLANEOUS PROVISIONS
ascertainable, the notice shall also be served on such outdoor advertising company by mail to the last known address 
for such company or, if such company is registered in accordance with section 28
-
502.2, at the address provided to 
the department by the re
gistrant.
§28
-
503.3 Hearing.
The office of administrative trials and 
hearings shall conduct the hearing. The administrative 
law judge assigned to hear the matter shall submit his or her pro
-
posed findings of fact and recommended disposition 
to the commissioner. If based on such recommended disposition, proposed findings of 
fact and the record of the 
hearing the com
-
missioner determines (i) that the sign has a surface area greater than 200 square feet (19 m
2
) and, 
(ii) that the sign has been erected, maintained, attached, affixed, painted on, or in any other manner represente
d on 
the building or premises in violation of the zoning resolution, this code, the 1968 building code or rules adopted 
pursuant thereto, he or she may order the removal of the illegal sign or its sign structure or both.
§28
-
503.3.1 Lack of knowledge no defense.
At such hearing it shall not be a defense that an owner or other 
person having an interest in the property lacked knowledge of or did not participate in the erection or maintenance 
of the illegal sign.
§28
-
503.4 Posting of order.
The commissioner’s order of removal shall be posted, mailed and filed in the manner 
pro
-
vided in this code for an order of closure.
§28
-
503.5 Enforcement of order.
On or after the tenth business day after the posting of such order and upon the 
written directive of the commissioner, police officers and authorized representatives of the department shall act upon 
and enforce such order by removing, covering, painting ov
er or otherwise rendering ineffective the illegal sign or its 
sign structure or both. Such work shall at all times be performed by a licensed sign hanger where required by law. 
Nothing in this article shall be construed to p
rohibit an owner or other person having an interest in the property from 
removing or causing the removal of an illegal sign or its sign structure prior to the arrival of such enforcement 
officers. On and after the posting of such removal order, no further 
permits for signs shall be issued for such building 
or premises pursuant to this code and, if the sign structure is not removed, no further display shall be exhibited on 
such sign structure unless and until the commissioner rescinds such order.
§28
-
503.6 Rescission of order.
The commissioner may rescind the order if the owner or other person having an 
interest in the building or premises provides assurance in a form satisfactory to the commissioner that all signs 
erected or maintained at such building or premises will be in co
mpliance with the zoning resolution, this code, the 
1968 building code or rules adopted pursuant to such provisions. If such order is rescinded, the commissioner shall, 
upon request of such owner, mortgagee or other person, p
rovide a certified copy of such rescission which may be 
filed with the county clerk or register of the county in which such building or premises is located.
§28
-
503.7 Costs.
The costs and expenses for painting over, covering, rendering ineffective or for the removal and 
storage of such sign and its sign structure may be recovered from the owner of the premises or, if the illegal sign is 
under the control of an outdoor advertis
ing company and notice was served on such company in accordance with 
this article, from such out
-
door advertising company. Such amounts may be recovered by the city in an action or 
proceeding in any court of appropriate jurisdiction and, w
ith respect to amounts owed by an outdoor advertising 
company, by drawing upon any bond posted or other security provided by such company pursuant to section 28
-
502.2. Nothing in this article shall be construed to limit the ability of an owner to seek reco
very of such costs and 
expenses from any other party.
§28
-
503.8 Lien.
In addition, such costs and expenses shall constitute a lien on the land and building on which the 
sign was located which may be entered and enforced pursuant to the pro
-
visions of this code in the same manner as 
an unpaid fee.
§28
-
503.9 Storage and disposal.
The commissioner shall adopt rules to provide for the storage and disposal of any 
sign or sign structure removed pursuant to this article. If the identity and address of the owner of such property is 
reasonably ascertainable, notice of the removal shall be
sent to the owner within a reasonable period of time after 
the removal. If such property is not claimed within thirty days after its removal, it shall be deemed to be abandoned 
and may be sold at a public auction after havi
ng been advertised in the City Record and the proceeds paid into the 
general fund or if the commissioner deter
-
mines that the property is not saleable, he or she may turn over such 
property to the department of sanitation for disposal. Property removed pur
suant to this article shall be released to 
the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set 
forth in the rules of the department and any fines or civil penalties imposed for the violation or,
if an action or 
proceeding for the violation is pending in court or before the environmental control board, upon the posting of a 
MISCELLANEOUS PROVISIONS
bond or other form of security acceptable to the department in an amount which will secure the payment of such 
costs and any fines or civil penalties which may be imposed for the violation.
§28
-
503.10 Definitions.
For the purposes of this article the terms “sign” and “surface area,” in reference to a sign, 
shall be as defined under section 12
-
10 of the zoning resolution.
§28
-
503.11 Review of order.
An order of the commissioner issued pursuant to this article shall be a final determi-
nation of the commissioner for purposes of review pursuant to article seventy
-
eight of the civil practice law and 
rules. Notwithstanding any inconsistent provision of para
graph (a) of subdivision six of section six hundred sixty
-
six of the New York city charter, such order shall not be subject to review by the board of standards and appeals.
ARTICLE 504
BICYCLE ACCESS TO BUILDINGS
§28
-
504.1 Bicycle access to certain office buildings.
This section shall apply to buildings that satisfy each of the 
following conditions: (i)    the main occupancy of such building is offices that    are classified as occupancy 
group B, 
(ii) such building was in existence on December 11, 2009, or a permit for such building has been issued on or before 
such date but such building has not yet been completed, (iii) such building has a freight elevator that either complies 
with ASME 
A17.1 with regard to the carrying of passengers on freight elevators, as referenced in chapter 35 of the 
New York city building code, or is operated by a freight elevator operator, and (iv) is not subject to the bicycle 
parking provisions of sections 25
-
80
, 36
-
70 and 44
-
60 of the New York city zoning resolution. It shall be presumed 
that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§28
-
504.1.1 Request for bicycle access.
The tenant or subtenant of a building to which this section is applicable 
may request in writing, on a form provided by the department of transportation, that the owner of such building 
complete a bicycle access plan in accordance with section 28
-
504.1.2 a
nd provide bicycle access in accordance 
with such plan. Such request shall include a certification by such tenant or subtenant that there is sufficient space 
within such tenant’s or subtenant’s premises to store the 
requested number of bicycles in a manner that does not 
violate the building or fire code or any other applicable law, rule or code, or which would impede ingress or egress 
to such premises or building. Such request shall be sent to such owner by certified 
mail, return receipt requested, 
and a copy of the request shall be filed with the department of transportation.
§28
-
504.1.2 Bicycle access plan.
Bicycle access plans shall comply with sections 28
-
504.1.2.1 through 28
-
504.1.2.4.
§28
-
504.1.2.1 Owner requirement. 
Where a request for a bicycle access plan has been submitted pursuant to 
this section, the owner of such building shall, within 30 days after receipt of such request, complete and im-
plement a bicycle access plan or provide to the tenant or subtenant a copy
of the request for an exception that 
has been filed with the department of transportation in accordance with section 28
-
504.1.3.
§28
-
504.1.2.2 Contents of plan. 
A bicycle access plan shall be completed on a form provided by the depart-
ment of transportation and shall include, at a minimum: 
1.
Provisions for at least one freight elevator to satisfy each of the following conditions:
1.1.
Such elevator will be made available for bicycle access for each building tenant or subtenant who 
requests such access, and employees thereof, during the regulating operating hours of such elevator;
1.2.
Bicycles will be allowed to be transported to and from such elevator along each route that is used to 
transport freight to and from such elevator, to the extent practicable and where such routes do not 
present substantial safety risks;
1.3.
No escort by building personnel will be required for a person transporting a bicycle to or from such 
elevator if no such escort is required when a person is transporting freight to or from such elevator; 
and
1.4.
A person transporting a bicycle to or from such elevator, and any package or other material in such 
person’s possession, shall be subject to the same or substantially similar security measures applicable 
to other persons entering such building or such
elevator;
MISCELLANEOUS PROVISIONS
2.
Provisions allowing bicycles to be brought in or out of such building using one or more designated pas-
senger elevators that the building owner may designate as temporary freight elevators at any time when 
no freight elevator satisfying the conditions of
item 1 is operational;
3.
The location of building entrances; 
4.
The route to freight elevators that accommodate bicycle access; 
5.
The route to a designated area for bicycle parking on an accessible level if such bicycle parking is made 
available; 
6.
A notice to tenants and subtenants informing them of their responsibilities with respect to bicycle storage; 
and
7.
Such other information as the department of transportation may require. 
§28
-
504.1.2.3 Amendment of plan. 
A bicycle access plan may be amended from time to time to 
accommodate 
requests from other tenants or subtenants to provide bicycle access pursuant to this article.
§28
-
504.1.2.4 Limitations. 
If an owner of a building is issued a violation of this code or the New York city 
fire code, or a rule promulgated thereunder, that results from storage of a bicycle, and such owner shows that 
such violation occurred in an area of such building that is und
er the control of a tenant or subtenant, such owner 
may restrict or limit bicycle access under the bicycle access plan for such tenant or subtenant.
§28
-
504.1.3 Exceptions.
Bicycle access need not be provided pursuant to this section if the commissioner of 
transportation grants an exception for such building under this section. Such commissioner may grant such an 
exception if an owner of such building applies to such commissi
oner for an exception, on a form provided by the 
department of transportation and sent to the department of transportation by certified mail, return receipt re-
quested, within fifteen days after such owner has received a request for 
a bicycle access plan, and certifies that 
either:
1.
No freight elevator in such building is available for the use described in this section because unique circum-
stances exist involving substantial safety risks directly related to the use of each such elevator. Such applica-
tion shall include the reasons f
or such assertion and supporting documentation; or
2.
There is sufficient secure alternate covered no
-
cost off
-
street bicycle parking or sufficient secure alternate 
indoor no
-
cost bicycle parking available on the premises or within four blocks or 1,000 feet (304.8 m), which-
ever is less, of such building to
accommodate all tenants or subtenants of such building requesting bicycle 
access and that such off
-
street parking is accessible on a 24
-
hour basis. Such application shall include sup-
porting documentation for such assertion, including proof that such alter
nate off
-
street or indoor parking is 
available to or under the control of such owner.
If an exception is sought pursuant to item 1 of this section, the department shall conduct an inspection of the 
building and each freight elevator and shall thereafter issue a final determination as to whether to grant an excep-
tion. If an exception is soug
ht pursuant to item 2 of this section, the department, in consultation with the department 
of transportation, shall thereafter conduct an inspection of the secure alternate no
-
cost covered off
-
street bicycle 
parking, secure indoor no
-
cost bicycle parking a
nd the department of transportation shall thereafter issue a final 
determination as to whether to grant an exception. In either event, a letter of exception or denial shall be sent by 
certified mail, return receipt requested, to the owner, lessee, manager 
or other person in control of the building. If 
the exception is denied, a bicycle access plan shall be posted within 20 days after receipt of such determination. 
Failure to timely post a bicycle access plan shall be cause for the issuance of a violation.
§28
-
504.1.4 Posting and availability of bicycle access plan or letter of exception. 
Bicycle access plans shall be 
posted and made available as provided in sections 28
-
504.1.4.1 through 28
-
504.1.4.3.
§28
-
504.1.4.1 Posting of plan. 
The owner of a building subject to this section shall either post in such building 
each bicycle access plan that is in effect, notifying the requesting tenants and subtenants of their right to bicycle 
access in accordance with such plan, or shall post a no
tice in the building lobby indicating that such plan is 
available in the office of the building manager upon request. Either such posting shall be made within five 
days after completion of such plan. Such posting or notice sh
all indicate the other tenants or subtenants are 
entitled to access according to the plan upon request, provided such tenants and subtenants, upon making such 
request, certify that there is sufficient space within such tenant’s or subtenant’s premises to s
tore the requested 
MISCELLANEOUS PROVISIONS
number of bicycles in a manner that does not violate the building or fire code or any other applicable law, rule 
or code, or which would impede ingress or egress to such premises or building.
§28
-
504.1.4.2 Posting of exception letter. 
The owner of such building shall post in such building any letter of 
exception granted by the commissioner or commissioner of transportation, including the basis or bases for the 
exception and, if applicable, the route to alternate off
-
street or indoor par
king, as provided in section 28
-
504.1.3, or shall post a notice in the building lobby indicating that such letter is available in the office of the 
building manager upon request. Either such posting shall be made 
within five days after receipt of such letter 
of exception. 
§28
-
504.1.4.3 Location. 
Plans, letters of exception or notices of availability of either shall be posted in a 
prominent location easily visible to a building’s tenants, subtenants and the building’s employees, and shall be 
made available upon request by the department, the depart
ment of transportation or authorized representatives 
of any other city agency. 
§28
-
504.1.5 Filing of plan.
The department or department of transportation may require that plans implemented 
pursuant to the provisions of this section be filed with either such agency.
§28
-
504.2 Construction.
Nothing in this article shall be construed to require an owner of a building governed by 
this article to provide space for bicycles brought into such building or to permit a bicycle to be parked in a manner 
that violates building or fire codes or any other
applicable law, rule or code, or which otherwise impedes ingress or 
egress to such building.
§28
-
504.3 Foldable bicycle access.
It shall be unlawful for an owner of a building the main occupancy of which is 
offices that are classified in occupancy group B to bar a tenant or subtenant from transporting a foldable bicycle to or 
from such tenant or subtenants space on a passenger ele
vator, provided that such bicycle is fully folded. For purposes 
of this section, the term “foldable bicycle” means a bicycle designed to fold into a compact assembly not exceeding 
20 inches (508 mm) by 36 inches (914 mm) b
y 32 inches (813 mm).
§28
-
504.4 Emergencies.
In an emergency that requires an evacuation of all or part of such a building, the owner may 
limit or restrict bicycles and foldable bicycles from being transported through any means of egress.
§28
-
504.5 Bicycle access to residential buildings.
In any building the main use or dominant occupancy of which is 
classified as occupancy group R
-
2 it shall be unlawful for an owner to bar a tenant or subtenant from using a passenger 
elevator to transport a bicycle to and from such tenant’s or subtenant’s
dwelling unit. 
Exceptions:
1.
An owner may bar tenants or subtenants from utilizing passenger elevators to transport bicycles where (i) a 
freight elevator is provided for bicycle access to and from such tenants’ or subtenants’ dwelling units, pro-
vided that passenger elevators may be
used during any period of time such freight elevator is not operating 
and (ii) there is no requirement that building personnel escort such tenants or subtenants when using the 
freight elevator. 
2.
An owner may limit bicycle access to one or more passenger elevators designated for such access.
§28
-
504.6 Foldable bicycles on passenger elevators in residential buildings.
In any building classified in occu-
pancy group R, it shall be unlawful for an owner to bar a tenant or subtenant from transporting a foldable bicycle on 
a passenger elevator provided that such bicycle is fully folded. For purposes of this section, the term
“foldable bicycle” 
means a bicycle designed to fold into a compact assembly not exceeding 20 inches (508 mm) by 36 inches (914 mm) 
by 32 inches (813 mm).
ARTICLE 505
CERTIFICATION OF NO HARASSMENT PILOT PROGRAM
§28
-
505.1 General.
The commissioner shall not approve construction documents, nor issue an initial or reinstate 
permit in connection therewith, for the alteration or demolition of a pilot program building identified by the department 
of housing preservation and development 
pursuant to section 27
-
2093.1 except as set forth in this article. Applications 
for post approval amendments to construction documents are subject to this article where the application proposes a 
change within a covered category of work a
s set forth in section 28
-
505.3.
MISCELLANEOUS PROVISIONS
§28
-
505.2 Definitions.
As used in this article, the following terms have the following meanings:
LOW INCOME HOUSING.
The term “low income housing” has the same meaning as in section 27
-
2093.1 of the 
New York city housing maintenance code.
O
WNER.
The term “owner” has the same meaning as in section 27
-
2004 of the New York city housing maintenance 
code.
PILOT PROGRAM BUILDING.
The term “pilot program building” has the same meaning as in section 27
-
2093.1 
of the housing maintenance code.
‡‡‡
*
§28
-
505.3 Covered categories of work.
Applications for the approval of construction documents for the fol-
lowing categories of work are covered by this article:‡
1.
Demolition of all or part of the pilot program building, other than interior demolition being conducted in the 
course of renovation of occupied units for the purpose of repair to such units where the commissioner determines 
that the issuance of such per
mit is necessary to perform work to protect public health and safety;
2.
Change of use or occupancy of all or part of a dwelling unit, any residential portion of the pilot program building, 
or any part of such building serving 
such dwelling units;
3.
Any alteration resulting in the addition or removal of kitchen or bathrooms, an increase or decrease in the number 
of dwelling units, or any change to the layout, configuration, or location of any portion of any dwelling unit;
4.
An application for a new or amended certificate of occupancy; or
5.
Such other types of alteration work to a pilot program building as shall be prescribed by rule of the commissioner 
of housing preservation and development. 
Exceptions:
1.
Work solely for the purpose of either (i) making the public areas of a pilot program building accessible to 
persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making 
the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities shall 
not be covered by this article.
2.
Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract 
with a city agency shall not be covered by this article.
3.
Repairs, replacement, modification, or partial demolition work in a building that is the minimum required to 
be performed to address conditions for rescission of a vacate order issued by the department of housing 
preservation and development or the depa
rtment.
4.
Work performed on a building that has an administrator currently appointed pursuant to article seven
-
a of the 
real property actions and proceedings law shall not be covered by this article.
5.
Other categories of work that are excluded from the definition of covered categories of work by rule of the 
department of housing preservation and development shall not be covered by this article.
*Section §28
-
505.3
was amended by 
Local Law 1
40
of 2021
. This law has an effective date of 
October
31
, 202
1. 
§28
-
505.4 Required submittal documents.
The commissioner shall not approve any construction documents, nor 
issue an initial or reinstated permit in connection therewith, for a pilot program building for the covered categories of 
work unless the applicant provides:
1.
A sworn affidavit by or on behalf of all the owners of such building that has been provided to the department of 
housing preservation and development, which states that there will be no harassment of the lawful occupants of 
such building by or on behalf
of such owners during the construction period;
2.
A tenant protection plan as provided for in this code; and
3.
The following documents from the commissioner of housing preservation and development:
3.1.
A current certification of no harassment that there has been no harassment of the lawful occupants of such 
pilot program building within the 60 month period prior to submission of an application for such 
MISCELLANEOUS PROVISIONS
certification to the department of housing preservation and development, provided, however, that such cer-
tification of no harassment shall except any portion of such 60 month period during which title was vested 
in the city;
3.2.
A waiver of such certification; or
3.3.
A certification that a restrictive declaration, in accordance with subdivision e of section 27
-
2093.1 of the 
housing maintenance code, has been recorded in the office of the city register or the Richmond county clerk 
and indexed as provided by the dep
artment of housing preservation and development.
§28
-
505.5 Process.
Application for a certification of no harassment or waiver shall be made pursuant to section 27
-
2093.1 of the housing maintenance code.
§28
-
505.6 Time period for approval or rejection of construction documents.
The time period in which the com-
missioner is required to approve or reject an application for construction document approval or resubmission thereof 
pursuant to this code shall commence from the date that the commissioner receives the documents required p
ursuant 
to item 3 of section 28
-
505.4.
§28
-
505.7 Certificate of occupancy.
The department shall not issue any temporary or permanent certificate of occu-
pancy for any new or existing structure or portion thereof on a lot subject to an restrictive declaration pursuant to 
subdivision e of section 27
-
2093.1 of the housing maintenance code, other than for any low income housing located 
on such lot, until the department of housing preservation and development certifies that the low income housing re-
quired by such restrictive declaration has been compl
eted in compliance with the restrictive declaration and the de-
partment has issued a temporary or permanent certificate of occupancy for each unit of low income housing covered 
by such restrictive declaration.
§28
-
505.8 Request for stop
-
work or rescission.
The commissioner shall be empowered to issue a stop
-
work notice 
or order with respect to an alteration or demolition permit or to rescind approval of construction documents at the 
request of the commissioner of housing preservation and development pursuan
t to section 27
-
2093.1 of the housing 
maintenance code.
*
ARTICLE 506
EMISSION PROFILE OF BUILDINGS
*Article 
§28
-
506
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
§28
-
506.1 Prohibited Emissions in New Buildings. 
New buildings shall be subject to the emissions limits set forth 
in section 24
-
177.1.
The commissioner shall not approve an application for the approval of construction documents, 
nor issue any permit in connection therewith, for a new building that does not comply with section 24
-
177.1.
Exceptions
: 
1.
A building that is seven stories or more where an application for the approval of construction documents is 
submitted on or before July 1, 2027.
2.
A building that is less than seven stories where an application for the approval of construction documents is 
submitted on or before December 31, 2023. 
3.
A building, other than a building
‡
that is classified as group R
-
3, where such emissions are in connection 
with the provision of hot water and an application for the approval of construction documents is submitted 
on or before July 1, 2027.
4.
A building that is less than seven stories where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive dec
laration, or similar instrument with a federal, state, or local govern-
mental entity or instrumentality for the creation or preservation of affordable housing, and an application for 
the approval of construction documents is submitted before December 31, 20
25.
5.
A building that is seven stories or more where the building owner demonstrates in accordance with rules 
promulgated by the department that 50 percent or more of the dwelling units in such building are subject to 
a regulatory agreement, restrictive decla
ration, or similar instrument with a federal, state, or local 
MISCELLANEOUS PROVISIONS
governmental entity or instrumentality for the creation or preservation of affordable housing, and an appli-
cation for the approval of construction documents is submitted before December 31, 2027.
6.
A building that will be primarily used by a utility regulated by the public service commission for the gener-
ation of electric power or steam. 
7.
A building within a facility operated by the department of environmental protection that treats sewage or 
food waste.
8.
An application filed by or on behalf of the school construction authority submitted before December 31, 
2024.
9.
A building where it would not be required to comply with section 24
-
177.1 because the combustion of a 
substance that emits 25 kg or more of carbon dioxide per million British thermal units of energy is necessary 
for a manufacturing use or purpose, or for the operation of a laboratory, laundromat, hospital, crematorium, 
commercial kitchen as defined in section 602 of the New York city fire code, or where used for emergency 
or standby power, or other use allowed by rule of the department, to the extent necessary for, and in the space 
occupied by such use or purpose.
*Section §28
-
506
.1
was added by 
Local Law 154 of 2021.
This law has an effective date of December 22, 2021.
*
ARTICLE 50
7 
PILOT PROGRAM FOR ELIGBILE BASEMENT AND CELLAR RESIDENCES
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§28
-
507.1 Definitions. 
For purposes of this article, the following terms have the following
meanings:
APARTMENT. 
The term “apartment” has the same meaning as defined in section BC 202 of the
New York city 
building code.
APPLICATION. 
The term “application” means an application for authorization for temporary
residence pursuant to 
this article.
AUTHORIZATION FOR TEMPORARY RESIDENCE. 
The term “authorization for
temporary” residence means 
an authorization issued by the department pursuant to section 28
-
507.4 authorizing the temporary use of an eligible 
basement or cellar as an apartment prior to the
issuance of a certificate of occupancy or temporary certificate of occu-
pancy for such use.
BASEMENT. 
The term “basement” means a story partly below the grade plane and having less
than one
-
half of its 
clear height, measured from finished floor to finished ceiling, below the grade
plane.
CELLAR. 
The term “cellar” means that portion of a building that is partly or wholly
underground, and having one
-
half or more of its clear height, measured from finished floor to
finished ceiling, below the grade plane.
ELIGIBLE BASEMENT OR CELLAR RESIDENCE. 
The term “eligible basement or cellar
residence” means a 
basement or cellar in an existing dwelling within the program area, unlawfully
arranged to be occupied as an apartment 
with acceptable 
kitchen and sanitation facilities as
described in department rules, and which apartment was in exist-
ence prior to April 20, 2024.
FAMILY. 
The term “family” has the same meaning as defined in the multiple dwelling law, except
that as used in 
this article, family shall not include any boarders, roomers, or lodgers.
PRE
-
EXISTING VIOLATION. 
The term “pre
-
existing violation” means a violation issued by an
agency of the city 
of New York for the illegal occupancy of a basement or a cellar for which a
notice of violation, administrative sum-
mons, criminal court summons, or other process was issued
prior to the date of issuance of an authorization for tem-
porary residence by the department
pursuant to this article.
PROGRAM AREA. 
The term “program” area means Bronx community district 9; Bronx
community district 10; 
Bronx community district 11; Bronx community district 12; Brooklyn
community district 4; Brooklyn community 
district 10; Brooklyn community district 11; Brooklyn
community district 17; Manhattan community district 2; 
MISCELLANEOUS PROVISIONS
Manhattan community district 3;
Manhattan community district 9; Manhattan community district 10; Manhattan com-
munity district
11; Manhattan community district 12; and Queens community district 2, and such other
community 
districts as may be authorized pursuant to section 289 of the multiple dwelling law.
RENTED. 
The term “rented” means leased, let, or hired out, with or without a written agreement.
TEMPORARY RESIDENCE PROGRAM. 
The term “temporary residence program” means a
program established 
pursuant to this article to facilitate the legalization of eligible basement and
cellar residences within the program area 
and to authorize their temporary use as apartments
pending the issuance of a certificate of occupancy or temporary 
certificate of occupancy for such
use.
TENANT. 
The term “tenant” means an individual to whom an eligible basement or cellar
residence is rented.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.2 Eligibility. 
This article applies to private dwellings and multiple dwellings. The
department shall estab-
lish a temporary residence program in accordance with 
this article. To
participate in such program, an owner of an 
eligible basement or cellar residence shall apply for
authorization for temporary residence pursuant to section 28
-
507.4 on or before April 20, 2029.
An application for temporary residence may not be made where the eligible base-
ment or cellar
residence is located within the 10
-
year rainfall flood risk area or the coastal flood risk area as
described 
in section 24
-
809, except as otherwise allowed pursuant to the New York city zoning
resolution.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.3 Occupancy. 
Notwithstanding section 27
-
751 of the 1968 New York city building code,
section 27
-
2087, 
section 1208.2 of the New York city building code, any applicable laws in
existence prior to December 6, 1968, or 
any provision of any other local law or the multiple
dwelling law that is inconsistent with or that would frustrate the 
purpose of this article, the
department may authorize the use of an eligible basement or cellar residence within the 
program
area as an apartment in accordance with th
is article.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4 Authorization for temporary residence. 
The department may issue an authorization
for temporary res-
idence for the use of an eligible basement or cellar residence in the program
area as an apartment prior to the issuance 
of a certificate of occupancy or temporary certificate
of occupancy in accordance with this section. The owner of an 
eligible basement or cellar
residence may submit an application for an authorization for temporary residence to the
department in a form and manner determined by th
e department. An application for an
authorization for temporary 
residence may not be used as the basis for an enforcement action for
illegal occupancy of such residence, provided 
that nothing in this article shall be construed to
prevent the issuance of a vacate order for an imminently hazardous or 
otherwise unsafe condition.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.1 Issuance of authorization for temporary residence. 
The department may issue
an authorization
for temporary residence upon determining that:
1. The basement or cellar referenced in such application is an eligible basement or cellar
residence;
2. Such eligible basement or cellar residence contains an apartment that was in existence
prior to April 20, 2024; 
and
3. Such eligible basement or cellar residence has been inspected, and:
3.1 Would not pose an imminent risk to the life or safety of occupants;
3.2 Contains a battery
-
operated or hard
-
wired smoke detector and carbon monoxide
detector;
3.3 Contains at least 1 means of egress directly to the outdoors in accordance with the
construction standards 
of chapter 10 of the New York city building code, including
access to a public way. Such means of egress 
shall be an exterior door that swings
inward and is provided with landings on both the interior and exterior 
sides in
accordance with section 1010.1.6 of the New York city building code; and
MISCELLANEOUS PROVISIONS
3.4 Has a minimum clear ceiling height in accordance with section 202.5 of appendix
U of the New York 
city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.2 Rulemaking. 
The department, in consultation with the fire department and the
office of emergency 
management, shall adopt rules governing the occupancy and use, prior to
the issuance of a certificate of occupancy 
or temporary certificate of occupancy, of eligible
basement and cellar residences that have been issued an author-
ization for temporary
residence, including minimum housing maintenance standards. Such rules shall:
1. Require occupancy of an eligible basement or cellar residence by not more than 1 family
maintaining a 
common household;
2. Prohibit an owner or occupant from renting or offering to rent such eligible basement
or cellar residence 
for less than 30 consecutive days; and
3. Prohibit registration of such residence for short
-
term rental pursuant to chapter 31 of
title 26.
Except as otherwise provided in such rules, the provisions of chapter 2 of title 27 shall not
apply to such eligible 
basement and cellar residences.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.3 Vacate orders. 
The department, the department of housing preservation and
development, or the 
fire department may stay an order to vacate an eligible basement or cellar
residence once an 
owner has applied 
for authorization for temporary residence or at any time
following the issuance of an authorization for temporary 
residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.4 Expiration of authorization for temporary residence. 
An authorization for
temporary residence 
expires 10 years after the date of its issuance. Prior to such expiration
date, the owner must obtain a certificate of 
occupancy or temporary certificate of occupancy
for such residence in accordance with section 28
-
507.6. An 
owner must comply with the
conditions set forth in section 28
-
507.4.5 during such 10
-
year period. The issuance 
of an
authorization for temporary residence allows occupancy of the
eligible basement or cellar
residence prior 
to the issuance of a certificate of occupancy or temporary certificate of
occupancy.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5 Requirements for maintaining an authorization for temporary residence. 
An
authorization for 
temporary residence shall be subject to the requirements set out in sections
28
-
507.4.5.1, 28
-
507.4.5.2, and 28
-
507.4.5.3
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5.1 Requirements within 3 months. 
Not later than 3 months following the date
such authori-
zation is issued, the owner must submit documentation in a form and manner
determined by the department 
establishing that:
1. Such eligible basement or cellar residence has smoke and carbon monoxide alarms
in 
accordance with 
sections U103.6.2 and U103.6.3 of appendix U of the New York
city building code;
2. Such eligible basement or cellar residence has water sensors and alarms in
accordance with section 
U202.11 of appendix U of the New York city building code;
3. Such eligible basement or cellar residence has the required signage posted in a
manner prescribed by 
chapter 2 of title 27 and the rules of the department of housing
preservation and development; and
4. The owner has notified any tenants in such eligible basement or cellar residence
about enrollment in 
an emergency alert system operated by the office of emergency
management.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
MISCELLANEOUS PROVISIONS
*
§ 28
-
507.4.5.2 Authorization requirements within 1 year. 
Not later than 1 year following
the date such 
authorization is issued, the owner must submit documentation in a form and
manner determined by the de-
partment establishing that such eligible basement or cellar
residence:
1. Complies with the fire separation standards set forth in section U202.7 of appendix
U of the New 
York city building code; and
2. Is tested and meets the standard set forth in rules promulgated by the department of
health and mental 
hygiene in consultation with the mayor’s office of environmental
remediation, in accordance with sec-
tions U202.9 and U202.10 of appendix U of the
New York city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.5.3 Authorization requirements within 2 years. 
Not later than 2 years
following the date such 
authorization is issued, the owner must submit documentation in a
form and manner determined by the de-
partment establishing that such eligible basement
or cellar residence has an automatic sprinkler system in 
accordance with section U103.6.1
of Appendix U of the New York city building code and section 28
-
507.9, 
provided, however,
that notwithstanding any provision of this article or the multiple dwelling law, in no case
shall the addition of an eligible basement or cellar residence require the installation of an
automatic sprinkler 
outside of the eligible basement or cellar residence, or outside of the
means of egress from such residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.4.6 Additional safety or construction requirements. 
An eligible basement or cellar
residence must 
be in compliance with any additional safety or construction requirements
established pursuant to rules promul-
gated by the department in consultation with the fire
department and the office of emergency management.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.5 Deferral or waiver of penalties by the department. 
Payment of any civil penalties for
violations issued 
by the department that would otherwise be required to be paid by an owner of an
eligible basement or cellar residence 
before the issuance of a permit for alterations to comply with
section 28
-
507.4 may be deferred, and upon issuance of 
a certificate of occupancy or temporary
certificate of occupancy in accordance with section 28
-
507.6, such deferred 
amounts may be
waived. Notwithstanding the p
receding sentence, deferred amounts shall continue to be due and
owing to the department. Where an owner fails to comply with the requirements of this article,
deferred amounts shall 
no longer be deferred and payment may be enforced in accordance with
this code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6 Certificates of occupancy pursuant to this article. 
Notwithstanding any inconsistent
provision of the 
multiple dwelling law, article 118 of chapter 1, or of any other law, where an
eligible basement or cellar residence in 
a one
- 
or two
-
family home has been issued an
authorization for temporary residence in accordance with section 28
-
507.4, the department may
issue a certificate of occupancy pursuant to the article as follows:
1. For a building erected prior to January 1, 1938 that does not have and is not otherwise
required to have a 
certificate of occupancy, issue a partial certificate of occupancy limited to
the new or altered apartment in the 
basement of a building or the new apartment in the cellar
of a building.
2. For a building with an existing certificate of occupancy, issue an amended certificate of
occupancy limited to 
the new or altered apartment in the basement of such building or the new
apartment in the cellar of such building.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.1 Issuance of an amended or partial certificate of occupancy. 
A partial or
amended certificate of 
occupancy shall be issued subject to the following conditions:
1. Upon inspection, the apartment being created or altered (i) conforms substantially to
the approved con-
struction documents, complies with this code and other applicable laws,
except as specifically provided in 
this article, and is safe for occupancy, or (ii) the
department upon an inspection certifies that waiver of oth-
erwise applicable requirements
is appropriate because such apartment provides for the health and safety of 
all occupants
of such dwelling by alternative means that are no less stringent than the requirements of
MISCELLANEOUS PROVISIONS
this article.
2. Upon inspection, the required means of egress from all floors of the building comply
with this code and 
other applicable laws.
3. A partial or amended certificate of occupancy or a temporary certificate of occupancy
may be issued where 
there are open pre
-
existing violations in the building. All such open
violations, including those specified in 
the exceptions below, shall remain administratively
open and the department may thereafter continue to en-
force against such violations until,
in accordance with applicable provisions of this code, outstanding penal-
ties are paid and,
if applicable, certificates of correction are approved by t
he department.
Exceptions:
1. Where a pre
-
existing 
violation in parts of the building outside of the new or altered
apartment is classified 
as “immediately hazardous,” the condition that gave rise to the
issuance of such immediately hazardous vio-
lation must be removed or remedied in
accordance with the New York city construction codes and to the 
satisfaction of the
commissioner of buildings, and evidence of such removal or remediation in the form of
plans, drawings, photos, affidavits, or a combination thereof, with the signature and
seal of a registered de
sign 
professional or, if applicable, a licensee of the department
in the applicable trade, must be submitted to the 
department prior to the issuance of
such amended or partial certificate of occupancy or a temporary certificate 
of
occupancy.
2. Any condition that gave rise to a pre
-
existing violation in the new or altered
apartment must be removed 
or remedied by work performed under permits issued
pursuant to this article.
3. Notwithstanding any inconsistent provision of this code, including sections 28
-
118.14 and 28
-
219.1, a 
certificate of occupancy or a temporary certificate of
occupancy may be issued for a basement or cellar apart-
ment created or altered
pursuant to this article where there are outstanding fines and civil penalties for preex-
isting
violations, provided that such fines and civil penalties may remain due and
owing, and the department 
may thereafter enforce and collect such amounts in
accordance with this code,
unless such department deter-
mines that such fines and civil
penalties should be waived in the interest of the program. When determining 
whether
to waive such fines and civil penalties, the department may consider factors including
the number 
and pecuniary amount of fines and civil penalties owed, the financial need
of the owner, and the likely effect 
of such fines and civil penalties on compliance with
this code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.2 Refusal to issue a certificate of occupancy or temporary certificate of
occupancy. 
The depart-
ment may refuse to issue a certificate of occupancy or a temporary
certificate of occupancy pursuant to this section 
if there are outstanding violations issued by
the department, penalties or open permits not signed off related for 
work performed under
permits issued pursuant to this article until such penalties have been paid, such violations 
have
been corrected, including filing certificates of corre
ction, if applicable, and permits have been
closed, as 
required by this code.
§ 28
-
507.6.3 Certificates of occupancy to reference this article. 
Every certificate of occupancy
or temporary 
certificate of occupancy issued for a basement or cellar apartment in a one
- 
or
two
-
family home created or altered 
pursuant to this article must contain a reference to this
article. A partial or amended certificate of occupancy or a 
temporary certificate of occupancy
issued pursuant to section 28
-
507.6 must contain a note that such certificate 
of occupancy does
not certify compliance with applicable
laws with respect to parts of the building outside of the
apartment created or altered pursuant to this article.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.6.4 Certificate of occupancy for one
- 
or two
-
family home. 
Where a basement or
cellar in a one
- 
or 
two
-
family home has been issued an authorization for temporary residence
in accordance with section 28
-
507.4, 
the department shall issue a certificate of occupancy,
temporary certificate of occupancy, partial certificate of 
occupancy, or amended certificate of
occupancy for such dwelling in accordance with the requirements of appen-
dix U of the New
York city building code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
MISCELLANEOUS PROVISIONS
*
§ 28
-
507.6.5 Certificate of occupancy for a multiple dwelling. 
Except as may be provided in
the rules of the 
department, in consultation with the fire department, the office of emergency
management, the department of 
housing preservation and development, the department
environmental protection, and the department health and 
mental hygiene, where a basement
or cellar in a multiple dwelling has been issued an authorization for temporary 
residence in
accordance with section 28
-
507.4, the department shall issu
e a certificate of occupancy,
temporary 
certificate of occupancy, or amended certificate of occupancy for such dwelling in
accordance with the require-
ments of this code for Group R
-
2 occupancy.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.7 Waiver of application, permit, and inspection fees by the department. 
The
commissioner shall waive 
all fees, which would otherwise be required to be paid to the department
by this title, the New York city electrical 
code, or the rules of the department, in connection with
applications, permits, and inspections for work in the program 
area related to the creation or
alteration of habitable apartments in basements and cellars where such apartments are 
officially
subsidized under the program administered by the department of housing preservation and
development 
pursuant to section 28
-
507.12.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.8 Waiver of fees by other agencies. 
The department of environmental protection shall
waive all fees which 
would otherwise be required to be paid to such department arising out of the
creation or alteration of habitable apart-
ments in basements and cellars where such apartments
are officially subsidized under the program administered by 
the department of housing
preservation and development pursuant to section 28
-
507.12. Any other agency may prom-
ulgate
rules to waive fees that would otherwise be required to be paid arising out of the creation or
alteration of such 
apartments where such apartments are officially subsidized under the program
administered by the department of 
housing preservation and development pursuant to section 28
-
507.12, and where such agency determines that such 
waiver would facilitate such program.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.9 Compliance with fire code sprinkler requirements for altered buildings on
substandard width 
streets. 
Any habitable apartment in a basement or cellar created or altered
pursuant to section 28
-
507.3 shall be 
deemed to be an alteration subject to exception 5.1 of section
501.4.3.1 of the New York city fire code.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.10 Construction. 
Except as specifically provided in this article, nothing in this article is
intended to grant 
authorization for any work to be done in any manner in violation of the
provisions of this code, or any other law or 
rule.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.11 Enforcement and revocation. 
The provisions of this article shall be enforced in
accordance with section 
28
-
507.11.1, 28
-
507.11.2, and 28
-
507.11.3.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.11.1 Violations. 
Violations of this article and rules of the department promulgated
pursuant to this 
article shall be subject to enforcement and penalties in accordance with
chapter 2 of this title. Notices of violation, 
administrative summonses, and appearance tickets
may be issued by employees of the department or the fire 
department.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.11.2 Inspections and revocation. 
The department and the fire department may
inspect eligible base-
ment or cellar residence participating in the program authorized by this
article in accordance with applicable law. 
The department may, after 
notice and opportunity
to be heard, revoke an authorization for temporary residence 
where 3 or more violations of
this article or rules of the department promulgated pursuant to this article have been
committed within a 1 year period, or where any violation of section 28
-
507.4 has been
committed.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
MISCELLANEOUS PROVISIONS
*
§ 28
-
507.11.3 Reinstatement of prior actions upon expiration or revocation. 
Where an
authorization for 
temporary residences expires or is revoked before a certificate of occupancy
or temporary certificate of occupancy 
is issued for an eligible 
basement or cellar residence,
the department, the department of housing preservation and 
development, or the fire
department may,
as applicable, take any of the following actions: 
1. Issue a vacate order if the basement or cellar is occupied.
2. Reinstate any prosecution for illegal occupancy that was deferred or waived pursuant
to this article.
3. Reinstate and commence collection of any penalties that were deferred or waived
pursuant to sections 28
-
507.5 or 28
-
507.6, including interest that would have accrued from
the time of such deferral or waiver.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.12 Technical assistance and outreach. 
The department of housing preservation and
development shall 
establish a program to provide technical assistance to owners of eligible
basement or cellar residences that are con-
tained within one
-
family or two
-
family homes and
conduct public education and outreach to owners of dwellings such 
department determines are
likely to include eligible conversions.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.13 Tenant protections. 
Protections for a tenant of an eligible basement or cellar
residence shall be in 
accordance with sections 28
-
507.13.1, 28
-
507.13.2, and 28
-
507.13.3.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.13.1 Certification of rental status as of April 20, 2024.
An application for
authorization for temporary 
residence pursuant to section 28
-
507.4 must be accompanied by
a certification from the owner of an eligible 
basement or cellar residence indicating whether
such residence was rented to a tenant on April 20, 2024, notwith-
standing whether the
occupancy of such residence was authorized by law. Such certification may not be used as 
the
basis for an enforcement action for the illegal occupancy of such unit, provided however that
nothing in this 
article shall prevent the issuance of a vacate order for imminently hazardous
or unsafe conditions.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.13.2 Tenant right of first return. 
A tenant in occupancy of an inhabited eligible
basement or cellar 
residence on April 20, 2024 who is evicted or otherwise removed from such
residence as a result of an alteration 
necessary to bring such residence into compliance with
the standards set out in this article shall have a right of 
first refusal to return to such unit as a
tenant upon its first occupancy following such alteration, notwithstanding 
whether such
occupancy on April 20, 2024 was authorized by law, subject to rules established by the
department 
of housing preservation and development.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.13.3 Tenant cause of action. 
A tenant unlawfully denied a right of first refusal to
return to an eligible 
basement or cellar residence pursuant to this article shall have a cause
of action in any court of competent juris-
diction for compensatory damages or declaratory and
injunctive relief as the court deems necessary in the interests 
of justice, provided that such
compensatory relief shall not exceed the annual rental charges for such eligible 
basement or
cellar residence.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.
*
§ 28
-
507.14 Application deadline. 
To participate in the temporary residence program, the owner
of an eligible 
basement or cellar residence must apply for authorization for temporary residence
pursuant to section 28
-
507.4 not 
later than April 20, 2029.
*Article 
§28
-
50
7 
was added by 
Local Law 1
26
of 202
4.
This law has an effective date of June 16, 2025.