Tenant Protection Plan (TPP) in NYC: A Comprehensive Guide for Building Owners 

Understanding the Tenant Protection Plan (TPP) is essential for building owners and contractors. When construction or renovations occur in an occupied building, a Tenant Protection Plan is critical for minimizing disruption and health risks. The Tenant Protection Plan outlines key measures for protecting residents and workers from construction or renovation hazards.

It is both a fundamental responsibility and a legal requirement to protect tenants' health and safety during construction or renovation. Since the safety of our tenants is our priority, read and understand more about the Tenant Protection Plan, the key elements of the Tenant Protection Plan, when it is required, and the specific TPP requirements.

What is a Tenant Protection Plan (TPP)? 

A Tenant Protection Plan is a legal document that outlines the specifics and measures that both building owners and contractors must take to protect building occupants from disruption, nuisances, or health hazards during construction or renovation activities. The primary goal of TPP is to avoid or mitigate service disruption and the negative effects of construction.

Tenant Protection Plans are required in New York City to ensure the safety of residents in residential and mixed-use buildings during construction. Once the Department of Buildings (DOB) application is approved, a professional Engineer or registered architect must prepare the Tenant Protection Plan for review. 

Special Provisions of a Tenant Protection Plan 

  1. Egress: The Tenant Protection Plan ensures that there are always adequate exits during construction or renovation. 

  2. Fire safety: TPP identifies safety measures that are being taken to ensure the fire safety of tenants in buildings under construction.

  3. Health requirements: The TPP specifies the methods required for dust control, pest control and sanitary facility maintenance, construction debris disposal, and noise reduction to acceptable levels. Lead and asbestos must be subject to compliance measures. 

  4. Compliance with housing standards: TPP ensures that the New York City Housing Maintenance Code and the New York State Multiple Dwelling Law are strictly followed during construction.

  5. Structural safety: TPP ensures that all structural work is completely safe and that no occupants are in danger.

  6. Noise restrictions: TPP identifies the necessary measures to limit noise to an acceptable level in accordance with the NYC Noise Control Code, as well as the hours of the day and days of the week when construction may take place.

  7. Maintaining essential services: TPP describes the procedures required to maintain essential services such as cold water, hot water, gas, heat, electricity, and other utility services in accordance with the New York City Housing Maintenance Code. Anticipated disruption of any essential service, duration of disruption, methods to reduce disruption, and adequate replacement services during the disruption must all be specified. All building occupants impacted by the disruption must be notified.

When is the Tenant Protection Plan Required? 

According to NYC Building Code Chapter 33, Section 3303.10, a tenant protection plan is required for construction or renovation operations in occupied buildings with occupied dwelling units. A commercial or public assembly occupancy requires an Occupant Protection Plan. In New York City, the TPP is required before applying for a partial demolition or construction alteration permit. It is important to note that the TPP defers permit applications based on the scope of work involved in the operation.

Posting Requirements for TPP 

Construction can be dusty, loud, and disruptive. Staying in a building under construction or renovation can be difficult, but the conditions should never be dangerous or pose a risk to the building's tenants. To keep tenants safe and informed during construction, building owners must:

  • Distribute the TPP notice to each occupied dwelling unit

  • Post the TPP Notice to Occupants in the building lobby.

  • Post the TPP Notice to Occupants on each floor within ten feet of the elevator.

  • If there is no elevator within ten feet of the building's elevator, post the TPP Notice to Occupants in the main stairwell.

  • Always provide a paper copy of the TPP to a building occupant on request.

  • Certify that the building under construction has units that will be occupied by tenants during construction, and specify which units or flats will be occupied during operation.

  • Notify the Department of Building with a TPP 72 hours before commencing any construction or renovation work in the building.

Conclusion

The Tenant Protection Plan is essential in ensuring that construction operations do not negatively affect the tenant's safety. It plays a key role in minimizing the disruptions to the building occupant's daily lives. As a building owner, it is vital to understand that TPP is a mandatory requirement for any construction work involving occupied buildings in New York City. For more information, visit the official presentation of the NYC DOB.

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Tenant Protection Plan Compliance Inspection: New York City