HOW THE PROS HANDLE ANNUAL SAFETY NOTICE MAILINGS

KRISTEN HARITON

New York, NYNovember 3, 2016

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Review the Rules – How do Annual Safety Notices Impact You? What the pros do:

Best Practice One: Prep early Best Practice Two: Post-mailing tenant reach outs are critical Best Practice Three: Make responses directly actionable

Best Practices in Practice The Bottom Line & Questions

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REVIEW THE RULES What are annual safety notice mailings?

Annual safety notice mailings are a collective term for the NYC laws requiring yearly mailings to certain classes of residential buildings

What’s included in annual safety notice mailings? Fire Safety Guides (Parts I and II) Window Guard Notices Lead Paint Notices

REVIEW THE RULES What are you responsible for?

Ensuring all tenants are sent the required forms and information Tracking and storing all tenant responses and follow-up efforts Any work to be completed as responses are received: inspections for

lead paint and any required window guard installations Notifying the Department of Health and Mental Hygiene (DOHMH) in

any case where you are unable to determine if a child lives in a unit Maintaining records of sent mailings, follow-up efforts and tenant

responses for 10 years to avoid penalties and criminal liability

REVIEW THE RULES

Fire Safety Guide Part I Building specific details

(combustible or non-combustible, means of egress)

Fire Safety Guide Part II Fire Department contact

information Emergency instructions

REVIEW THE RULES Fire Safety Notice

These are different – these are posted rather than mailed, although they include similar information.

REVIEW THE RULES Window Guard Notices

Window guards must be installed in units with children age 10 or younger (properties with 3+ units, some exceptions)

Applies uniformly to condos/co-ops Lead paint notices

Lead paint inspections must be performed in units with children age 6 or younger (properties built prior to Jan. 1, 1960 with 3+ units)

In owner-occupied co-op units, liability shifts to unit owner

REVIEW THE RULES What does that mean for me?

Because window guards and lead paint are sent within the same time frame (Jan 1 – 15 annually, by law), they are typically sent together. Fire Safety Guides can be sent during Fire Safety Week (October), but are usually sent together as one package during the mailings process

Condo and co-op management boards typically handle this process to minimize liability

REVIEW THE RULESAgency Violation Cost Knowingly Failing to Comply

Lead Paint Notices

DOHMH Up to $1,500 per violation $500 fineMisdemeanor charge and/or imprisonment

Window Guards DOHMH Up to $500 per violation $500 fineMisdemeanor charge and/or 6 month imprisonment

Fire Safety Guides FDNY Up to $5,000 per infractionAdditional civil penalties

$10,000 fineMisdemeanor charge and/or 6 month imprisonment

In addition, there are incalculable financial and criminal risks in the case of an incident – including increased insurance rates, negative brand impact, and jail time

BEST PRACTICE ONE: PREP EARLY Gathering information is a year-round process

Has your portfolio seen any adjustments since last annual safety notice mailings period?

Do you have tenant contact information (phone/e-mails)? Are your tenants aware that they’ll be receiving a mailing in the new year?

Advance notice can boost response rates

BEST PRACTICE TWO: POST-MAILING REACHOUTS Post-mailing attempts to acquire information are just as

important, if not more important, than the mailing itself Building efficiencies into your process is key Does your super have an easy way to track in-person responses? Do you utilize additional ways to acquire information beyond in-person

inspections?

BEST PRACTICE THREE: TURN MAILING RESPONSES INTO WORK ORDERS Getting responses from tenants is only the beginning –

performing inspections and installing window guards efficiently is critical

How are you organizing your responses and making them actionable? Organizations compile reports by building and response type to create an

action plan

BEST PRACTICES IN PRACTICE

THE BOTTOM LINE? Successful organizations treat annual safety notice mailings as a

yearlong process: Ongoing preparation and awareness Clear, efficient mailings Organized responses Documented action

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