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BOMA New York continues its daily efforts by advocating on behalf of the commercial real estate industry, with a shared goal of creating a more equitable and sustainable city. As we collectively lead innovation within the global CRE industry, BOMA New York is well positioned to collaborate with our partner organizations, together with the public sector to help shape future policies. The following is a summary of a few current focal points.
COMMERCIAL RENT TAX
BOMA Executive Director Lori Raphael co-authored an op-ed in AM New York with the NYC Hospitality Alliance and the Manhattan Chamber of Commerce on the need to repeal the Commercial Rent Tax. https://www.amny.com/opinion/its-time-to-repeal-the-commercial-rent-tax/
PROPOSED EV/PARKING GARAGE LEGISLATION
Met with REBNY City legislative affairs team to coordinate follow-up concerns with bill sponsor and City Council central staff.
Developed memo that was submitted with more detailed suggestions/amendments (which mirrored REBNY redlines also submitted to the Council).
Council hopes to finalize the bill and pass it in May (timing still TBD).
E-BIKES
Secured a commitment from the FDNY for a meeting with BOMA representatives on e-bike safety, policies, best practices, etc. April meeting dates currently being considered and FDNY participants are all very senior members of the agency’s policy and legal team:
o Supervising Fire Marshal John Orlando
o Supervising Fire Prevention Inspector Joe Rogers
o FDNY Code Counsel Julian Bazel
o FDNY External Affairs Jason Shelly
E-bike safety bills signed by the Mayor on March 20, 2023:
o Int. No. 656-A - A Local Law to amend the administrative code of the city of New York, in relation to requiring the fire department to develop an informational campaign to educate the public on fire risks posed by powered mobility devices.
o Int. No. 663-A - A Local Law to amend the administrative code of the city of New York, in relation to the sale, lease, and rental of powered bicycles, powered mobility devices and storage batteries.
o Int. No. 722-A - A Local Law in relation to requiring the fire department to report on safety measures to mitigate fire risk associated with powered mobility devices.
o Int No. 749-A - A Local Law to amend the administrative code of the city of New York, in relation to providing food delivery workers with information on safety measures that mitigate the fire risks posed by powered mobility devices.
o Int. No. 752-A - A Local Law to amend the New York city fire code, in relation to prohibiting the sale of lithium-ion batteries assembled or reconditioned using cells removed from used batteries.
New E-bike/battery safety bills introduced by the City Council and scheduled for their initial hearing on April 17, 2023
o Int 949-2023 - By Council Members Powers, Brewer, Gutiérrez, Feliz, Velázquez, Cabán, Louis, Abreu, Hanif, De La Rosa, Restler, Hudson, Brannan, Menin, Brooks-Powers, Narcisse, Gennaro, Williams, Salamanca, Krishnan, Hanks, Holden, Ayala, Ung, Riley, Avilés, Nurse, Paladino and Vernikov (in conjunction with the Brooklyn Borough President) - A Local Law to amend the administrative code of the city of New York, in relation to the establishment of a program to provide reduced cost or no cost lithium-ion batteries used in powered mobility devices.
o Int 950-2023 - By Council Members Powers, Gutiérrez, Brewer, Feliz, Velázquez, Cabán, Louis, Abreu, Hanif, De La Rosa, Restler, Hudson, Brannan, Menin, Brooks-Powers, Narcisse, Williams, Salamanca, Krishnan, Hanks, Holden, Ayala, Ung, Riley, Avilés, Nurse, Paladino and Vernikov - A Local Law to amend the administrative code of the city of New York, in relation to requiring businesses using bicycles for commercial purposes to provide bicycle operators with fireproof or fire-resistant containers for removable storage batteries used to power motor-assisted bicycles.
SCAFFOLDING/SIDEWALK SHEDS
Manhattan Borough President Mark Levine released a comprehensive report on scaffolding/sidewalk sheds with a number of legislative and policy recommendations. We have reached out to the BP’s policy director and have secured a commitment to make a presentation on the plan to BOMA later this spring.
The Plan: http://www.manhattanbp.nyc.gov/wp-content/uploads/2023/03/Shed-the-Shed-Report-V5.pdf
Legislation introduced in March by the NYC Council – at the request of BP Levine – to address a wide range of scaffold/shed issues:
o Int 954-2023 - By Council Members Bottcher, Sanchez and Powers: A Local Law to amend the New York city building code, in relation to preventing interference of sidewalk sheds in parks and playgrounds.
o Int 955-2023 - By Council Members Bottcher, Sanchez and Powers: A Local Law to amend the New York city building code, in relation to the required lighting under sidewalk sheds.
o Int 956-2023 - By Council Members Bottcher, Sanchez and Powers: A Local Law to amend the administrative code of the city of New York, in relation to penalties for failure to apply for corresponding work permits after installing a sidewalk shed.
o Int. 966-2023 - By Council Member Marte: A Local Law to amend the New York city building code, in relation to sidewalk shed inspections.
o Int. 970-2023 - By Council Members Powers, Bottcher, Sanchez and Abreu (in conjunction with the Manhattan Borough President): A Local Law to amend the New York city building code, in relation to sidewalk shed design requirements.
o Int. 971-2023 - By Council Members Powers, Bottcher, Sanchez and Abreu (in conjunction with the Manhattan Borough President):A Local Law to amend the New York city building code, in relation to requiring permit holders responsible for sidewalk sheds or scaffolding to repair or replace certain damaged city-owned trees.
o Int 972-2023 - By Council Members Powers, Bottcher, Sanchez and Abreu (in conjunction with the Manhattan Borough President): A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to removing construction related equipment.
o Int 973-2023 - By Council Members Powers, Bottcher and Abreu (in conjunction with the Manhattan Borough President): A Local Law to amend the administrative code of the city of New York, in relation to altering the timeline of initial façade examinations for new construction and coordinating all façade examinations on each city block.
DOB PROPOSED RULES
Relates to Fees for Boiler and Elevator Inspection Reports and Site Safety Plan Review
o Hearing on 4/13/23
o https://rules.cityofnewyork.us/wp-content/uploads/2023/03/Proposed-Rule-Filing-Fees-for-Boiler-and-Elevator-Inspection-Reports-and-Site-Safety-Plan-Review.pdf
The Department of Buildings is proposing to amend its rules regarding special inspectors and special inspection agencies.
o Hearing on 4/17/23
o https://rules.cityofnewyork.us/wp-content/uploads/2023/03/Proposed-Rule-Amendment-of-Rules-Relating-to-Special-Inspections-and-Special-Inspection-Agencies.pdf
