Current through Register Vol. 46, No. 39, September 25, 2024
Each offering plan submitted pursuant to this Part must
include a comprehensive narrative description of the building(s) and property
included in the project. Emphasis should be on present condition of premises
including deficiencies probably unknown to occupants, rather than description
of material make-up visually obvious to each resident. The inspection of the
property upon which the description is based must have taken place within 180
days prior to submission of the offering plan to the Department of Law. The
Department of Law may in its discretion require a further inspection and
report. The condition of all systems and materials must be fully described.
Such report(s) shall disclose all defective conditions apparent upon
inspection, and shall note any defective condition which is hazardous or which
requires immediate repair to prevent further deterioration. Identify and
describe all applicable items in the order listed below. Where an item is not
specifically identifiable, it may be generally described,
e.g., "two rows of deciduous trees" rather than "12 poplar and
12 maple trees in two lines." Where an item is not identifiable at all, a
reason must be presented substantiating its unavailability.
(a)
Location and use of
property.
State whether this property and proposed use will comply
with all zoning and use requirements at closing. Include in discussion:
(1) address;
(2) block and lot number;
(3) zoning; and
(4) permissible use.
(b)
Status of construction.
State:
(1) year
built;
(2) class of
construction;
(3) certificate of
occupancy, type and number;
(4)
alteration permit numbers and description of work done.
(c)
Site.
Discuss:
(1)
size;
(2) number of buildings and
use;
(3) streets owned or
maintained by the project:
(i) paving
(material and condition);
(ii)
curbing (material and condition);
(iii) catch basins, drainage (location and
condition);
(iv) street lighting
(material, type, location and condition);
(4) drives, sidewalks and ramps:
(i) paving (material and
condition);
(ii) curbing (material
and condition);
(iii) catch basins,
drainage (location and condition);
(iv) street lighting (material, type,
location and condition).
(d)
Utilities.
Identify source or provider of each utility. Specifically
identify which are public utilities or regulated companies and which are solely
the obligation of the apartment corporation. Indicate whether water, sewer (or
septic tank), gas, electric and telephone are metered individually,
collectively or by any other method of billing.
(e)
Subsoil conditions.
Describe (including water conditions):
(1) whether uneven foundation movement or
settling has occurred (cracking, mortar joint decay, etc.);
(2) whether there is any evidence of moisture
or seepage or ground water infiltation and, if any, indicate whether corrective
action is needed;
(3) whether there
is any danger from flooding, either due to water table in area or overflow from
other bodies of water. Note potential for mudslides or erosion and what
preventive action is appropriate.
(f)
Landscaping and enclosures.
Describe:
(1) grass
cover (type, location);
(2)
plantings (type, location);
(3)
trees (location);
(4) fencing
(type, location);
(5) gates (type,
location);
(6) garden walls (type,
location);
(7) retaining walls
(type, location);
(8) display pools
and foundations (location, materials).
(g)
Building size.
Specify:
(1) total
height (approximate total feet from ground level to highest part of
roof);
(2) crawl spaces (floor to
ceiling, height);
(3) number of
subcellars and cellars;
(4) number
of floors (actual, including penthouses-give floor-to-ceiling height if not
between 7 1/2 and 8 1/2 feet);
(5)
equipment rooms (location and use);
(6) parapet (height above roof).
(h)
Structural
system.
Describe materials used, include type of foundation(s) and
method of installation. Specify:
(1)
Exterior of buildings.
(i) Walls. List
materials, type of construction, method of construction. For New York City
buildings, if Local Law 10 applies, state the results of the inspection. If
Local Law 10 is inapplicable, so state. If such inspection is required but not
performed, specify as a violation. If insulated, describe material, type, size
and insulating value where available.
(ii) Windows. Specify type and materials in
all parts of the building, including sills, screens, window guards, lintels,
storm sash, hardware, single or double glazing and caulking. Indicate whether
lot line windows exist and describe any potential future problems.
(2) Parapets and copings.
State type of materials, how firmly secured in place and
whether there is any indication of problems, e.g., leakage,
spalling, deterioration of mortar, cracking, etc.
(3) Chimneys and caps.
Indicate number, location and material of each chimney for
boilers, incinerators, compactors and fireplaces. If fireplaces are not usable
for wood fires, this fact must be conspicuously disclosed.
(4) Balconies and terraces.
Describe:
(i) deck
finish (material);
(ii) balustrade
(type, material);
(iii) railings
(material);
(iv) copings
(material);
(v) soffits
(material);
(vi) doors to balconies
and terraces (type, material).
(5) Exterior entrances.
Describe:
(i)
exterior doors and frames (material, type, lock);
(ii) vestibule doors and frames (material,
type, lock);
(iii) exterior stairs
(material, location);
(iv) railings
(material, location);
(v) mail
boxes (type, location);
(vi)
lighting (type, location).
(6) Service entrances.
Describe:
(i) doors
and frames (material, type, lock);
(ii) gates (material, type, lock);
(iii) exterior stairs (material,
location);
(iv) railings
(materials, location).
(7) Roof and roof structures.
Describe:
(i) type
roofs for all areas:
(a) material;
(b) insulation (size, type and insulating
value if available);
(c) surface
finish;
(d) bond or
guarantee;
(e) flashing materials,
including counter flashing;
(ii) drains:
(a) location, materials and type;
(b) gutters and leaders (type,
material);
(iii)
skylights (location, type, material);
(iv) bulkheads:
(a) stairs (materials);
(b) elevator (materials);
(c) other;
(v) metal work at roof levels:
(a) exterior, metal stairs
(materials);
(b) vertical ladders,
including gooseneck (material);
(c)
railings (material);
(d) hatches to
roof (type,material);
(e)
other;
(vi) rooftop
facilities (describe in detail).
(8) Fire escapes.
Describe at each floor and specify any unusual access
situations:
(i) location (describe how
attached and supported);
(ii)
floors covered;
(iii) drop
ladder;
(iv) type;
(v) materials.
(9) Yard and courts.
Describe each yard or court, including front, rear and
interior areas, listing methods of access:
(i) paving (material);
(ii) drainage (type and material);
(iii) railings (material);
(iv) stairs (material);
(v) fencing (type and material);
(vi) walls (type and material).
(10) Interior stairs.
Describe:
(i)
number of stairs of each type;
(ii)
enclosure (construction and interior finishes);
(iii) stair construction (steel, concrete,
wood);
(iv) stringers
(material);
(v) treads
(material);
(vi) risers
(material);
(vii) guardrails
(material);
(viii) balustrade
(material).
(11)
Interior doors and frames.
Describe material, type and location for each and state
whether fireproof or exceeds fire/safety standards:
(i) unit entrance and interior doors and
frames;
(ii) corridor doors and
frames;
(iii) stair hall doors and
frames;
(iv) roof doors, basement
doors and frames.
(12)
Elevators.
Describe:
(i)
number of passenger and service elevators;
(ii) manufacturer, age of each and capacity
(in pounds and number of passengers);
(iii) type of operation for each elevator, by
elevator number or location in building (for large numbers of elevators,
describe by class-passenger/freight);
(iv) automatic (type of controls);
(v) floors served;
(vi) type (hydraulic; gearless);
(vii) doors (sliding, swinging, manual,
automatic);
(viii) location of
machine rooms;
(ix) DC to motor
(manufacturer);
(x) AC to
motor-generator set (manufacturer);
(xi) other.
(13) Elevator cabs.
Describe:
(i) kind
(manufacturer);
(ii) floor
(material);
(iii) walls
(material);
(iv) ceiling
(material);
(v) lighting
(describe);
(vi) alarm, safety
system.
(i)
Auxiliary facilities.
(1)
Laundry rooms.
Describe:
(i)
location and number of rooms;
(ii)
clothes washers, number and type (e.g., heavy duty,
coin-operated, electric, gas);
(iii) clothes dryer (number and
type);
(iv) room ventilation
(method and final exhaust);
(v)
dryer ventilation (method and final exhaust).
(2) Refuse disposal.
Describe, including:
(i) incinerator(s) (number, location,
capacity, type, manufacturer);
(ii)
compactor(s) (number, location, capacity, type, manufacturer);
(iii) approvals by authority having
jurisdiction (date of each approval);
(iv) initial storage location (ultimate
storage location);
(v) pick-up
schedule, and whether public or private provider.
(j)
Plumbing and
drainage.
(1) Water supply.
Describe system, pumps, storage and location.
(2) Fire protection system.
Describe:
(i)
standpipes (material, size, location);
(ii) hose racks, hoses and nozzles
(location);
(iii) sprinkler heads
(type system, location);
(iv)
siamese connection (type, location).
(3) Water storage tank(s) and enclosures.
Describe:
(i)
number, type, location of each;
(ii) material (interior, exterior and roof of
tank);
(iii) access to tank
(e.g., vertical gooseneck ladder);
(iv) capacity (total gallons);
(v) capacity (fire reserve).
(4) Water pressure and
how maintained.
(5) Sanitary sewage
system.
Describe, including:
(i) sewage piping (materials);
(ii) sewage pumps (if any);
(iii) sewage disposal (public/private;
treatment; drain field; sewer).
(6) Permit(s) required.
List and include date(s) obtained.
(7) Storm drainage system.
Describe system, adequacy method of disposal and materials
including:
(i) catch basins
(location);
(ii) yard and roof
drains (location);
(iii) piping
(materials);
(iv) eject or sump
pumps (describe in detail and describe conditions requiring pumps).
(k)
Heating.
Describe (including space heating and domestic hot water
heating):
(1) describe heating and
distribution of domestic hot water and whether capable of providing peak
required services. Describe heating system's ability to maintain legally
required conditions under anticipated weather conditions, specifying internal
temperature and ambient temperature used in calculations;
(2) number of boilers and
description;
(3) manufacturer and
age of boiler(s) (model, capacity-alternatively give type, approximate age and
approximate remaining useful life);
(4) manufacturer and age of burners
(model-alternatively give type and approximate remaining useful
life);
(5) type of
controls;
(6) radiators, piping,
insulation, valves, pumps;
(7) fuel
(for oil give type and grade);
(8)
location of oil tank, materials, enclosure;
(9) capacity of oil tank;
(10) for gas (details on type and supply
system).
(l)
Gas
supply.
If not described above, describe:
(1) type;
(2) meters;
(3) piping.
(m)
Air conditioning.
Describe cooling system's adequacy to maintain comfortable
conditions under anticipated weather conditions, specifying internal
temperature and base ambient temperature used in calculations. Describe:
(1) type of system;
(2) central system (give manufacturer, model
and capacity);
(3) cooling towers,
condensers (rooftop, self-contained units, including number, location and
description);
(4) individual units
covered by the offer (window/sleeve-specify number, capacity, amperage and
efficiency).
(n)
Ventilation.
Describe system in kitchens, fireplaces and all windowless
areas such as corridors, garages, laundries, baths, etc.
(o)
Electrical system.
Specify:
(1)
service from main service switchgear (amperes, voltage, phases, wire protective
equipment);
(2) service to
individual units (rises, etc.);
(3)
compartment switch gear (location and floor of sectional meter boards and
transformers supplying power to the meter boards);
(4) unit service (ratings of main fuses,
circuit breakers or fuses to units and ratings);
(5) adequacy:
(i) service-average number of circuits per
apartment and capacity to handle modern appliances-specifically air
conditioners, dishwashers and electric dryers:
(ii) lighting and fixtures:
(iii) convenience outlets, appliance
outlets;
(6)
intercommunication and/or door signal systems.
(p)
Television reception
facilities.
Master antennae, cable TV, antennae by tenants, security
closed-circuit TV.
(q)
Public area lighting.
Describe and state adequacy (entrances, halls and stairs,
corridors, basements, courts and yards).
(r)
Garages and parking areas.
Describe:
(1)
location of garages (description of facility);
(2) location of parking areas (number of
spaces in each);
(3) surfaces
(materials used, lighting, fencing, etc.);
(4) parking (attended or not
attended);
(5) garage ventilation
(method and equipment);
(6) garage
fire protection (method and equipment);
(7) drainage.
(s)
Swimming pool(s).
Describe in detail:
(1) type (concrete, material composition) and
location on property;
(2) size,
including length, width, depth and approximate number of bathers permitted at
any time;
(3) enclosure (material
including roof);
(4) pumping and
filter system (describe material);
(5) water heating equipment or usage of
building's hot water (feed or heat exchangers);
(6) if on building roof, specify structural
support system.
(t)
Tennis courts, playgrounds and recreation facilities.
(1) Tennis courts.
Describe:
(i) type
(clay, macadam, turf);
(ii) number
and size;
(iii) lighting (number
and type);
(iv) fencing or
enclosure (including distance between fence or enclosure and all sides of
court);
(2) Playgrounds.
Describe location and size(s) of playground(s), fencing (if
any), equipment types and sand bed or safety padding.
(3) Other recreation facilities.
Describe any beach or lake front, boating facilities, golf
course(s), handball, basketball or other game courts.
(u)
Permits and
certificates.
List all applicable permits which must be obtained and
inspections which are to be done. List type of inspection, authority inspecting
and duration of approval once obtained, include all compactors, incinerators,
boilers, oil storage tanks, elevators, etc. In New York City include Department
of Air Resources, Elevator Safety, Boiler Safety, Fire Department and Buildings
Department permits.
(v)
Violations.
List all violations outstanding as the date of this report
and the agency imposing the violation, the condition involved, the date
violation issued and work required by violation notice to cure. If no
violations are outstanding, so state.
(w)
Unit information.
Specify the number of units inspected. Specify the unit
designations for each typical unit or line of units, including the number and
type of rooms. Give criteria for calculations. For lofts give useable
residential space in square feet. Describe (include foyers, living rooms,
dining areas, kitchen, bedrooms, bathrooms, etc.):
(1) Type and grade of finish material used in
each type of unit and the number of coverings given. Include paint, wall and
floor coverings, as well as specifying the type of flooring, walls and ceiling
used.
(2) Describe presence, type
and condition of all bathroom fixtures.
(3) Describe presence, type and condition of
kitchen and laundry equipment.
(i) If data is
substantially the same for all units, a single narrative may be substituted for
this schedule.
(ii) If any
equipment or fixtures described are not included in the offering price, or the
offering price is conditioned on the equipment and fixtures selected, such fact
must be conspicuously noted in the body of the plan.
(x)
Finish schedule of
spaces other than units.
The following is a form of schedule to be given for each
floor:
|
Room |
Floor |
Walls |
Ceiling |
Remarks |
Show all common rooms and spaces, including but not limited
to: sub-subcellar, subcellar, basement, first floor, penthouse floor, public
and service halls, corridors, lobbies.
(y)
Safety and warning devices.
Describe any fire or smoke safety devices installed in
units and common areas. State what devices are required by law, and whether any
required devices have not been installed.
(z)
Additional information
required.
Include the following in the Description of
Property section of the plan:
(1) a site plan showing roads, the outside
dimensions of the building and clearly designated common areas, including
recreation and refuse disposal areas if more than one building is being
offered; and
(2) an area map
showing the location of the cooperative with respect to its surroundings, if
the cooperative is not located in a highly urban area.
(aa)
Asbestos.
(1) State whether asbestos-containing
material (ACM) is present in insulating or fireproofing material anywhere in
the building(s). Sponsor shall perform such tests as are necessary to make such
determination. In the event that ACM is present, sponsor shall have a person
who is qualified to render an opinion on asbestos prepare a report on the
asbestos in the building(s) (the "asbestos report"). Such asbestos report shall
contain at least the following information:
(i) the qualifications of the person
preparing the report;
(ii) a
detailed inventory of the asbestos in each apartment and in all other areas of
the property, including the location, amount of ACM, type and concentration of
asbestos in the ACM, and condition. State whether the presence of any of the
ACM poses an immediate health or safety hazard. State which apartments, if any,
were not examined and describe efforts made to gain access to any such
apartments;
(iii) recommendations
for handling each and every item of the asbestos inventory,
i.e., removal, enclosure, encapsulation, or leaving
undisturbed;
(iv) how the
recommendations should be implemented. Include, if applicable, whether
apartments must be vacated or whether use of certain rooms will be limited and
the projected duration thereof. State whether the work must be performed in
compliance with New York City Local Law 76 of 1985 or any other applicable
laws; and
(v) a recommended
protocol for the future handling and maintenance of asbestos which will remain
in the building, whether encapsulated, enclosed or left undisturbed.
In addition, the offering plan must state that the
recommendations of the asbestos report will be expeditiously carried out by the
sponsor if the closing has not occurred, or the apartment corporation if the
closing has occurred but the sponsor is in control, and that it will be the
responsibility of the apartment corporation to monitor and, whenever necessary,
to treat or remove ACM which remains in the building(s) after the conversion to
a cooperative.
(2) The provisions of this subdivision shall
take effect on August 8, 1986.
(i) Proposed
offering plans submitted to the Department of Law on or after February 8, 1987
shall contain a statement as to whether ACM is present in the building(s) and,
if so, shall contain an asbestos report.
(ii) Offering plans submitted and/or accepted
for filing between August 8, 1986 and February 8, 1987 shall be revised or
amended no later than May 8, 1987 to include a statement as to whether ACM is
present in the building(s) and, if so, shall be revised or amended to include
an asbestos report no later than May 8, 1987. Such plans shall not be declared
effective until 30 days after such statement and report are incorporated in an
amendment and presented to tenants and subscribers.
(iii) Offering plans accepted for filing
prior to August 8, 1986 in which any units remain unsold shall be amended no
later than May 8, 1987 to include a statement as to whether ACM is present in
the building(s) and, if so, shall be revised or amended to include an asbestos
report no later than May 8, 1987. If before such an amendment is accepted for
filing the sponsor seeks to declare the plan effective, close, or sell unsold
shares, the sponsor shall amend the offering plan to inform tenants and
prospective purchasers that such statement and asbestos report are forthcoming.
Such amendment shall give purchasers the opportunity to delay closing until 30
days after the amendment containing such statement and asbestos report have
been distributed to them. If any closings take place prior to the completion of
asbestos removal and treatment work, sponsor shall place in escrow a sum of
money sufficient to pay for said work, the amount to be determined by a person
qualified to render an opinion on asbestos, but in no event less than $2,500
per unit.
(ab)
Lead-based paint.
Include records, reports, violations and any other
information known or available to the sponsor or its agents concerning the
presence of lead-based paint and/or lead-based paint
hazards.
