NYC BUILDINGS OF 50,000 SQUARE FEET OR MORE ARE REQUIRED TO COMPLETE BENCHMARKING FORMS BY AUGUST 1ST

Benchmarking Information and Resources

1. Date for Penalties: The City will accept the 2010 Benchmarking Compliance Report up to August 1, 2011 without the issuance of any penalty. Failure to benchmark will result in a building violation and a penalty of $500. Continued failure to benchmark will result in an additional penalty of $500 each quarter.

2. Benchmarking Hotline: A hotline is available to answer general benchmarking questions and about the use of Portfolio Manager. It can be accessed Monday through Friday, 10:00am-4:00pm, by dialing 311 or 212-442-7901. This resource has been made available through a partnership between the City University of New York (CUNY), New York State Energy Research and Development Authority (NYSERDA), and the City of New York.

3. Benchmarking Training: The Association for Energy Affordability is offering the last in-person training on the Portfolio Manager tool Tuesday, July 26th. The training also covers how to comply with Local Law 84. To register for the class visit their website: http://www.aeanyc.org/site/c.dhJJJTOzFoH/b.6441573/k.5FCE/Benchmarking_Training.htm

4. Updates on the City’s Website: Please visit the Greener, Greater Buildings Plan website for more information on Local Law 84: http://www.nyc.gov/GGBP

5. Presentations on the Greener, Greater Buildings Plan: The Urban Green Council is providing free presentations on New York’s four new energy efficiency laws. To book a presentation, go to: http://www.urbangreencouncil.org/education/ggbp-education/

FEDERATION of NEW YORK HOUSING
COOPERATIVES & CONDOMINIUMS
UPDATE

The Federation is working on the following issues that affect the cooperative and condominiums community:

• To extend the time from the quick conversion from number six oil to number four oil to a more reasonable timeframe.
• Support HUD’s initiative of expanding the refinancing program 223(f) to cooperatives.
• Energy Benchmarking – to delay implementation because of short timing of regulations to be issued.
• ( To get a step by step guide to benchmarking, NYC code updates and Lead Based Paint guide go to the Federation’s website fnyhc.coop)
• Fighting for a permanent and expanded Veterans loan availability to acquire cooperative apartments.

The Federation was part of a National movement to eliminate Transfer Tax fees that went back into the building, so the share loan market would not dry up.

The Federation will continue to fight any Federal, State or City legislation or regulation that adversely affect the cooperative and condominium community.

FHFA PROPOSES RULE ON
PRIVATE TRANSFER FEE COVENANTS

Washington, DC - FHFA today sent a proposed rule to the Federal Register to begin formal rulemaking on private transfer fees. This rulemaking, which addresses comments received on a previously proposed guidance, would limit Fannie Mae, Freddie Mac, and the Federal Home Loan Banks from dealing in mortgages on properties encumbered by certain types of private transfer fee covenants and in certain related securities.

Transfer fees are contractual arrangements where an owner pays a fixed amount or a percentage of the sales price at the time of transferring the property.

The proposed rule would exclude private transfer fees paid to homeowner associations, condominiums, cooperatives, and certain tax-exempt organizations that use private transfer fee proceeds to benefit the property. Fees that do not directly benefit the property would be barred.

With limited exceptions, the rule would apply only prospectively to private transfer fee covenants created on or after the date of publication of the proposed rule. With this formal rulemaking, comments are again being solicited and are due 60 days from publication in the Federal Register. Regulated entities are required to comply with the final rule within 120 days after its publication.

DOWNLOAD THE RULING (PDF)

DOWNLOAD THE RULE (PDF)

BENCHMARKING GUIDE FOR BUILDING PROPERTY MANAGERS, SUPERINTENDENTS, OWNERS, AND BUILDING SERVICE PERSONNEL

1. REVIEW THE LAWS

Legislation and Rules have not been made final and training programs are available.  Latest public information available on the city’s Plan NYC website: www.nyc.gov/html/planyc2030/html/plan/buildings_plan.shtml

2. COLLECT INFORMATION

• Per EPA Guidelines for Benchmarking, billing data must completely encompass entire calendar year covering electrical, gas, fuel oil, steam, etc. and water consumption.
• Aggregate information from Con Edison via e-mail to citybenchmarking@coned.com at a cost of $102.50 per building. Provides spreadsheet summary of meters in building.  National grid expected to provide the same information for gas customers.
• Information to be solicited from Commercial Tenants as well via solicitation form on Plan NYC Website.
• Verify building size from Dept. of Finance records as well as listing on PlanNYC site.

3. SET UP ACCOUNT FOR BENCHMARKING

• Visit EPA Benchmarking Site: https://www.energystar.gov/istar/pmpam/
• Create login and ID – can be used for entire portfolio of buildings
• Use options to add building and define building information.

• Define type of Property, Hit continue and complete general information on subsequent webpage.

• Then taken to Facility Summary Page listing General Information, Facility Performance Summary, Space Use, Energy Meters, Water Meters (Optional Entry), Renewable Energy Certificates.

4. ENTERING ENERGY USAGE INFORMATION

• Define Spaces (Commercial Area, Residential Area, Offices, Garages, Stores, Etc.)

• Define Meters for Spaces

• Have to specify 12 Month Period covering entire calendar year.
• Considerations for fuel oil deliveries and full calendar year.

5. GENERATE ENERGY REPORT

• Visit building summary page (page with meters and energy use summary for particular building.

• Select appropriate period in following webpage along with report contents (Statement of Energy Performance, Data Checklist and Facility Summary.

• Save PDF file that is generated and submit to weblink to be provided on Plan NYC website. Weblink may also require custom report to be completed within EPA portfolio manger.
• This service can also be obtained from a professional firm, such as RAND Engineering & Architecture, PC.
  

Click to download PDF.

CODES UPDATE
Council of New York Cooperatives and Condominiums
November 14, 2010

Presenters:
Leon Geoxavier, Rand Engineering & Architecture
Gregory Carlson, CNYC Board Member

Table of Content:

1. Recycling update
2. Energy Saving Lighting requirements
• Local Law 47-10 Intro 262A
• Local Law 52-10 Intro 277A
3. Local Law 2-10 - Tenant Screening Report Disclosures
4. Back Flow Devices Local Law 76-09 Intro 935A
5. Bed Bug Disclosure Rule
6. Introduction to NYC Green Building Laws by Phyllis Weisberg, Esq

GET READY FOR HIGHER FUEL COSTS

Governor Patterson has recently signed into law legislation that will require lower sulfur content in number 2 heating oil. In order for the oil companies to lower sulfur content, they have to refine the number 2 oil more then they do now. The result will be higher costs for consumers. This law will go into effect July, 2012.

On Thursday, July 19th, the city will most likely pass legislation (Intro 194A) similar to the state law regarding number 4 oil. When this new legislation goes into effect, it will be more costly for the consumers. The Mayor is expecting to sign the legislation. The proposed effective date is October, 2012.

NEW 4-YEAR  BUILDING SERVICE EMPLOYEES CONTRACT

A Fair Contract with Significant Innovations
At midnight on Tuesday, April 20, 2010, Michael Fishman, president of Local 32BJ of the Building Service Employees International Union,  and Howard Rothschild, president of the Realty Advisory Board on Labor Relations, Inc. shook hands on a four year contract agreement that includes pay increases of 2.33% per year. for 32BJ’s 3000 residential apartment building workers in Manhattan, Brooklyn, Queens and Staten Island.

Pledged Savings in Health Costs
The contract further provides that the Health Fund, which is jointly administered by trustees from the Union and from the RAB, will commission a study to help implement annual savings of $70,000,000 or 10% of the Health Plan’s  current average annual expenditures beginning no later than January 1, 2012. 

Employer Contributions Firmly Capped
Caps on employer contributions to the Health and Pension plans during the life of this contract ensure that if, as was the case in 2004, the reserves of either Health or Pension plans should become depleted, employers will not be responsible to make any additional contributions (the opposite was the case in 2004 when employers agreed to substantial, unexpected contributions ($2400 per employee) to rescue the then failing health fund.  This dramatic change in the paradigm ensures employers of certainty in their budgeting for labor during the term of this contract.  All parties are optimistic that no problems will arise, and that the anticipated economies will be easily achieved.

Reduction In Force
In addition, in recognition of the length and the extent of the economic downturn an important phrase has been added to the contract provision regarding Reduction In Force, enabling a building to reduce staff upon submitting proof of financial hardship, provided that no additional work is added to the job descriptions of remaining employees.

A Fair Agreement
The building service workers who are members of Local 32BJ are the best paid service workers in the world; they also have excellent benefits and training opportunities.  And this is as it should be.  These workers  keep our buildings safe and clean. They are part of the community that is our cooperative or condominium. They watch our children grow up; they help us daily in many ways largae and small.  We are all pleased that the current negotiation has produced a contract that is fair to one and all.  

Pattern Agreement
The RAB negotiates a pattern agreement, which each of its residential members with 32BJ employees is then invited to sign,   Copies of the agreement will shortly be sent to your building (or your managing agent).  If your cooperative or condominium has six or more employees, your superintendent is a Resident Manager, subject to an agreement that expires June 20th.

WARNING: BE ALERT TO A NEW SCAM

Do not be taken in by the clever marketing ploy of a lead inspection company that may send to your buiding a very official looking notice advising you that you are required to perform inspections for lead paint.

Note that this is an inspection that building staff can perform in your public areas if your building was built prior to 1978, and that cooperatives and condominiums do NOT have any responsibility for inspecting apartments occupied by shareholders or unit owners. While professional inspections may be appropriate in certain situations (in which case, you will seek out a known, reliable company), the law permits inspections by building staff.

Great News on the Co-op News Front
On March 22, 2010 the State Senate passed its proposed budget and the Senate’s version of the budget DID NOT include the much maligned recording tax on co-op loans. As you are aware, the Federation was extremely aggressive and active in their opposition to this exorbitant tax on co-op loans. On March 12, 2010, members of the Federation met with State Senator Stavisky, who is on the Senant Finance Committee. Clearly our voice was heard and we are appreciative of State Senator Stavisky’s opposition to this co-op tax and all the help she provided in stopping this measure.

The Federal Environmental Protection Agency (EPA) has issued new "regulations" in the handling of lead paint by staff or outside contractors. "The" new "regulations "affect" more "buildings" than the New York City law (pre-1978) and cooperatives and condominiums are included and not "carved" out. See the "chart below" to see if your building is "affected!"

NEW 967A

Recently the Federation has had meetings with representatives of the Mayor’s Office and the City Council, pertaining to some radical changes in 967A. The original 967A bill called for an energy audit and if a capital improvement had a payback period of seven years or less the building had to comply with just a small amount of wiggle room to postpone the project. This bill applies to a project over 50,000 square feet or in residential terms approximately 50 units. The Federation opposed the bill as an unfunded mandate of capital improvements to our members. For a more detailed report on the old 967A bill please “click” legislation on this web site.

Under the new 967A, a building over 50,000 square feet would still have to do an energy audit and must include recommended capital improvement with their simple payback periods. It would also include recommended maintenance of the heating and cooling systems. The following is a list of building systems: the building envelope; the HVAC (heating ventilating and air conditioning) systems; conveying systems; domestic hot water systems and electrical and lighting systems.

The energy audit must be done by a registered design professional (architect and/or engineer). Presuming that you do the maintenance work recommended by the energy audit and then after a period on time, you must then do a retro-commissioning report (An energy efficiency report on how efficient your building systems are) Both the energy report and the retro-commissioning report are to be filed with the Buildings Department. There are a list of items the retro-commissioning inspection is looking for such as leaks, insulation of pipes and calibration of equipment. This is all before the Buildings Department issues the regulations, if the legislation passes and is signed into law. There are a few opt-outs such as if you are a “LEED” building or in the top twenty five percent of energy efficient buildings. (Another bill requires doing energy benchmarking every year).

With the Mayor’s office insistence on having a registered design professional (architect and/or engineer) doing the energy report, because they want someone licensed on the line, the cost of the energy audit would be expensive. The amount of paper work that must be kept such as interviews with staff and minutes of meetings is onerous. In addition, with the rise in costs to cooperatives and condominiums at a fast clip, especially New York City Real Estate Taxes and Water and Sewer bills, now is not the time to add to the cost of running our buildings.

With due respect with energy conservation and lessening of the carbon footprint the City is trying to achieve, the Federation opposed the bill. At this time of economic uncertainty and city rising rates of real estate taxes and water and sewer bills, to increase cost to our buildings with unfunded mandates can not be tolerated. The Federation again opposes 967A.

SEMINAR COVERED EVERYTHING
FROM BEDBUGS TO TRUSTS
by Jessica Lyons, The Queens Courier, May 21, 2009
Click to download the article (PDF)

FNYHC NEWSLETTER

Click to download the latest issue:

• May 2009 "Mini Newsletter"
• Spring 2009

Due to the increase in postage and printing expenses, the  Federation has temporarily suspended producing a "paper" newsletter. Up to date  information will be posted on this website and emailed to those on  our email list. If you would like to be added to this list please  complete the form below.

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