Office of Borough President James P. Molinaro
Staten Island, New York
Molinaro to Buildings Department: Let's Work Together to Solve Temporary C of O Problem
Solution lies in Increasing Escrow Amount and Registering Builders by Own Name
Borough President James P. Molinaro today said the New York City Department of Buildings (DOB) could solve the problem of temporary Certificates of Occupancy (C of O) with a two-prong approach- increasing escrow amounts to $15,000 for builders, and creating a tracking system of builders by registering them by their own name, not the company name.
"Although there have been improvements in the process for homeowners to obtain a permanent C of O, and increased cooperation from DOB, there are still many problems," said Molinaro. "These problems could have been alleviated if two proposals by the Mayor's Staten Island Growth Management Task Force had been implemented."
"It was the consensus of the Task Force that in dealing with problems of C's of O, one of the solutions would be to increase the escrow amounts that builders have to lay out for their temporary C's of O," Molinaro added.
"For a long time, Staten Islanders have asked the City to take action against incomplete work on new homes, realizing that builders would rather take a small loss than give homeowners what they rightfully deserve," Molinaro continued. "By raising escrow deposits on new homes to $15,000, we would be creating a substantial financial incentive for builders to meet all construction requirements, thereby ensuring that homeowners get their permanent C of O as required by law, which would allow them to refinance or sell their homes."
Molinaro said a second solution the Task Force came up with to the C of O problem was creating a tracking system of builders. Registering individuals who apply for construction permits will allow DOB to track the completion record of a particular person representing a development corporation and will give DOB further insight on problem areas in the process, as well as repeat offenders.
"The DOB already has a system in place that registers expeditors and licensed professionals that do business with the City, so this would just be a simple extension of that system," said Molinaro. "Builders should be forced to register under their own names, not their company names, which can be subject to change," said Molinaro. "This common-sense solution is being implemented in other states, so why not New York?"
To make the builder registration system effective, Molinaro suggests that it should be solely instituted and controlled by the DOB.
"The DOB claims that the Department of Consumer Affairs should undertake the plan, but Consumer Affairs has only limited 'policing abilities' regarding DOB policy and procedure," Molinaro said.
As for eliminating temporary C's of O, Molinaro said that is not an option.
"Temporary Cs of O are necessary because certain work on a homeowner's property, such as planting trees and grass, can only be done during the warmer months of the year," Molinaro explained.
Molinaro said he is pleased that DOB has been more responsive to Staten Island homeowners with new initiatives such as hosting "Open Houses" in its Borough Hall office on Saturdays to address homeowners' concerns about problems ranging from new construction to property violations.
"Now I'm calling on DOB to work with me to solve the problem of temporary C's of O," Molinaro concluded. "The answer is to create a system where temporary C's of O become permanent, and the Task Force's two-pronged approach is the answer."
December 1, 2004