ny-DOS-20-26-00002-A: Minimum standards for administration and enforcement of the Uniform Code

I.D. No. DOS-20-26-00002-A Filing No. 877 Filing Date: 2026-09-17 Effective Date: 2026-10-07 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Action taken: Amendment of sections 1203.2 and 1203.3 of Title 19 NYCRR. Statutory authority: Executive Law, section 381(1)(j); L. 2023, ch. 57, part T, section 4 Subject: Minimum standards for administration and enforcement of the Uniform Code. Purpose: To revise such standards to include procedures requiring documentation of compliance with 10 NYCRR, Subpart 67-5. Text of final rule: Subdivision (b) of section 1203.2 of Title 19 of the Of- ficial Compilation of Codes, Rules and Regulations of the State of New York is amended as follows: (b) Where the State is responsible under section 1201.2(d) of Part 1201 of this Title for administration and enforcement of the Uniform Code, the state agency or agencies determined in accordance with the provisions of Part 1204 of this Title shall administer and enforce the Codes in accor- dance with Part 1204 of this Title and paragraph (2) of subdivision (h) and subdivision (j) of section 1203.3[(j)] of this Part. For the purposes of sec- tion 1203.3(j)(5) of this Part, the period fixed by the code enforcement program of such state agency, as the interval between periodic condition assessments, shall not exceed three years. Paragraph (2) of subdivision (h) of section 1203.3 of Title 19 of the Of- ficial Compilation of Codes, Rules and Regulations of the State of New York is amended as follows: (2) Recordkeeping requirements. (i) Each authority having jurisdiction shall include in its code enforcement program provisions requiring that after each inspection, the authority having jurisdiction shall note the premises as satisfactory, or the owner and operator shall be notified as to the manner in which the premises fails to comply with the Uniform Code, including a citation to the specific Uniform Code provision or provisions that have not been met. (ii) Provisions relating to 10 NYCRR Subpart 67-5, Department of Health regulations promulgated pursuant to New York State Public Health Law section 1377. In the case of dwellings that require inspections pursu- ant to section 1203.3(h)(1)(iii) of this Part that were built before 1980 which, by virtue of their property class designation, are potentially eligible for rental, lease, let or hiring out, each authority having jurisdiction over a community of concern referenced in section 1377 of the Public Health Law, shall include in its code enforcement program provisions requiring that as a part of each inspection on and after October 1 of the year a lead safety certification is due pursuant to 10 NYCRR section 67-5.6(b), such authority having jurisdiction shall check the State Rental Registry maintained by the New York State Department of Health pursuant to sec- tion 1377 of the Public Health Law for an inspection certification that such dwelling is free of lea