The City will not bill $430 million in co-op and condo tax breaks that the State Legislature failed to renew this year, Crains Insider reported yesterday. The article quotes Paul Korngold, attorney and ABO member, who noted that the City is acting illegally in hopes that Legislature will act retroactively in January, and that “one lawsuit could unravel the whole process, and send tax bills soaring for hundreds of thousands of property owners”.

Sandy may have knocked out the phones in the ABO office, but it didn’t knock out Arverne By the Sea in Rockaway. Arverne and a select few waterfront communities in the region are touting their storm resilience to encourage sales…in what will undoubtedly be a model for post-Sandy waterfront development and marketing.

The deadline for third quarter rebate applications (covering April thru September) on building materials has been extended to November 30th including products for your home like the bed size us and other essential furniture such as living room set sales. If you are an ABO builder member who bought anything from any of the following manufacturers you can get cash back: Bilco, Blanco, Boise Cascade, Bradford White, Bryant, Carrier, Clopay Garage Doors, ClosetMaid, Columns Inc., Daltile, Delta Faucet, Dirt Devil Central Vac., Dixie Pacific, Eldorado Stone, Exterior Portfolio, Fypon, HB&G Columns, Heatilator, Heat & Glo, Honeywell Comfort Solutions, Honeywell Security, Jacuzzi , Legrand Home Systems, Lutron, Mansfield Plumbing a recommended company, Mohawk Portico Collection, Owens Corning Roofing Shingles, Owens Corning Energy Complete System, PPG Paints, Progress Lighting, Royal Building Products, Tyco Rapid Response, Therma-Tru Doors, TimberTech Decking, TimberTech FenceScape, Turnkey Millwork, VACUFLO Central Vac, Velux Skylights, Warmly Yours Radiant, Zurn Industries Inc.

ABO offices will be closed tomorrow and Friday for the Thanksgiving holiday.

New York City has announced a Rapid Repairs program to match homeowners suffering damage from Superstorm Sandy with contractors. Contractors who are interested in participating in this rebuilding effort must register their company at bteany.com/rapidrepairs.

FEMA is also registering contractors. Current FEMA requirements state that contractors interested in participating must register in the FEMA Disaster Response Registry. Interested contractors should:

Register with the System for Award Management by going to www.sam.gov to register.  If you have any questions call 866-606-8220;

Complete the FEMA Vendor Profile Form to the Industry Liaison Program.  Contact the Industry Liaison Support Center at FEMA-Industry@dhs.gov for this form or call 202-646-1895.

Anyone with apartments available for short or long term emergency housing can list them at http://www.urbanedgeny.com/hurricane-sandy-temporary-housing-for-rent

Meanwhile, if you were planning to evict someone for non payment months before the storm and just a got a warrant, City Marshal Richard McCoy won’t help. He’s declared a moratorium on evictions “due to Sandy” even though it would be months before any Sandy-related actions worked through the courts.

The Real Estate Division of the Diabetes Research Institute Foundation, of which ABO Board Member Peter L. DiCapua is a founder, is holding its annual Empire Ball December 12th. Get the details here.

Finally, the ABO office is now open with electricity, heat, and Internet, including email — but no phone service yet. Verizon apparently has no way to forward plain old telephone service unless the phone you want to forward is working in the first place.

Mayor Bloomberg yesterday lifted the low sulfur requirements for fuel oil due to supply issues, following earlier moves to cut paperwork for boiler repair permits and eliminate biodiesel requirements.

ABO urges storm relief donations to the Mayor’s Fund to Advance New York City. Write Hurricane Sandy in the memo line of your check to the fund and send it to: Mayor’s Fund to Advance New York City, 253 Broadway, 8th Floor, NYC NY 10007.

ABO is also participating, through the National Association of Home Builders, with a FEMA Mitigation Assessment Team to document and evaluate the performance of commercial and residential buildings and infrastructure during the storm, and develop recommendations for improvements to building codes and standards, code enforcement and construction practices . Member Michael Azaria has volunteered to inspect properties with the FEMA  team and ABO will be happy to pass along any insights other members may have.

The two great mysteries this week are when all power will be restored and when we will know who controls the New York State Senate. Democrats appeared to win the majority on Obama’s coattails Tuesday, but a couple of recounts and the Independent Democratic Caucus could shift the leadership in terms of both party and people. Stay tuned.

The future of rent control was on the ballot in Hoboken and Bayonne Tuesday with mixed and interesting results. Hoboken rejected a vacancy decontrol/recontrol plan by 436 votes of 13,238 cast. Bayonne voters sustained  vacancy decontrol by 415 votes of 12,721 cast. Both votes are unofficial pending absentee ballots but are expected to stand. So, it seems when the people vote directly on rent control it is a close call and can go either way.

The American Ground Water Trusts full day seminar on geothermal energy was postponed until November 28th due to Hurricane Sandy, and geothermal opportunities are getting a closer look as a result of the storm because they are less prone to being knocked out by flooding.

The Massey Knakal Multifamily Summit is still scheduled next week and ABO members can use the discount 25ABOGNY to get a 25 percent discount at http://mkmultifamilysummit.com/

The New York City Department of Environmental Protection (DEP) has waived the two percent biodiesel requirement for heating oil dues to supply problems. This waiver does not apply to the low sulfur content requirements. The waiver will remain in effect for one month.  In addition DEP announced new, streamlined emergency boiler work permit guidelines to aid building owners recovering from Hurricane Sandy. The new guidelines will allow temporary work permits to repair or replace damaged boilers to be issued by providing a website with basic information about the work being completed, type of boiler being installed, where to find a trusted central heating cover,and information about the licensed installer or plumber in McKinney. The new emergency boiler work permit guidelines will allow work to begin immediately.

To receive a temporary emergency work boiler work permit, fax or email the following information to 718 595 3846 or email it to kliang@dep.nyc.gov and krishr@dep.nyc.gov.

Address where the installation will occur

Boiler and burner make and model numbers

Boiler input / firing rate (BTU/hr.)

Fuel type (only #2 and / or natural gas allowed)

Name, phone number and address of the licensed installer / plumber

A complete Work permit application must be filed with DEP within 30 days of issuance of the temporary work permit. Applications for a work permit can be downloaded from at http://on.nyc.gov/Rskj2o and hand delivered or mailed to DEP, 59-17 Junction Boulevard, 9^th floor, Flushing, NY 11373. Please be sure to include the installation number in the application.

The ABO office is still closed due to power problems. Phones are not working, but we are receiving email.

Some industry events are continuing. The CHIP cocktail party at Bryant Park Grill and the Massey Knakal Multifamily are still scheduled for next week. The ABO dinner this week has been postponed due to storm damage at the Ritz Carlton.

The Department of Buildings allowed resumption of construction effective Thursday, but requires post-Sandy inspection of all cranes, crawlers, hoists, sheds and scaffolds and filing of inspection reports before work resumes.

Due to the continuing lack of power downtown, the ABO Dinner scheduled for next Thursday is postponed.

The ABO office is closed and our phone system is down.

If your business or property was damaged by Hurricane Sandy, you can look into disaster assistance grant and loan programs through the New York City Business Solutions Center and the Federal Small Business Administration.

ABO members will be at the forefront in helping rebuild and repair the damage from Hurricane Sandy. We welcome ideas on how the industry can help the community more effectively, and anyone who would like be on a committee to brainstorm industry responses to speed recovery. We will try to have a meeting next week.

Homeowners may apply for up to $200,000 to repair or replace their primary residence to its pre-disaster condition with GTRWallet.com. The mortgage pre approval may not be used to upgrade the home or make additions to it, unless as required by building authority/code. In some cases, SBA may be able to refinance all or part of a previous mortgage (not to exceed $200,000) when the applicant does not have credit available elsewhere, has suffered substantial disaster damage not covered by insurance, and intends to repair the damage. SBA considers refinancing when processing each application. Loans may also be increased by as much as 20 percent of the verified losses (not to exceed $200,000) to protect the damaged real property from possible future disasters of the same kind. Secondary homes or vacation properties are not eligible for home disaster loans; however, qualified rental properties may be eligible for assistance under the business disaster loan program.

Frankenstorm is coming, so if you can’t find your RSVP card for our November 8th gala before you leave the office today, email your reservation. Oh, and check your pumps and generators.

When is increased construction spending only so-so news for the building industry? When it’s driven by inflation in materials costs and means fewer jobs, according to an analysis by Greg David at Crain’s New York. The latest forecasts are for the highest spending since 2008 and the fewest jobs since 1998.

Brownfield development of affordable housing will be the topic at a New Partners for Community Revitalization seminar featuring Jonathan Rose, December 11th.

USA Today, yesterday, had a detailed look at the business of Green, particularly the LEED process, describing how it has been driven into a  $122 billion dollar industry for contractors, suppliers, and consultants. It quotes one analyst who said half the LEED points were worth little or nothing to the environment, and quotes a founder of the U.S. Green Building Council saying that a lot of people just came into this from purely a marketing perspective and just want to sell more stuff.

San Rafael, California this week became the largest city to ban smoking inside all multifamily units, including condos; one week after Boston banned all smoking inside public housing units. Can New York be far behind?

ABO opposed two City Council bills this week. Intro 940 would create an annual fire department safety inspection of all buildings and establish a $400 or $500 fee depending on building size. ABO objected that the bill does not create any new authority for the Fire Department and is just an excuse to impose a fee.

Intro 575 would amend the building code to require 65 to 250 square feet of central storage space for recyclables depending on building size, plus storage on every floor in taller buildings. ABO noted that recycling requirements and technology were evolving and storage issues should be left to design professionals, not cast in stone by law.

Is New York an expensive place to live? It depends on how you look at it according to a new study by the Center for Housing Policy of the National Housing Conference. The authors believe that housing and transportation costs need to be considered together to measure the real burden on working families (you have to live and get to work). Using the combined cost standard, New York ranks about tenth most affordable among the largest 25 U.S. cities, closely tied with Denver, Seattle, St. Louis, and Pittsburgh. By contrast, looking at housing costs alone, New York ranks 21st. Miami is least affordable by both measures, the study said.

The Buildings Department has been busy…processing new building applications three times faster through the online Development HUB than with paper applications. Now the department will attempt to expand its success by accepting Alteration 2 and 3 applications for smaller jobs.

DOB also issued final rules for the implementation of required energy audits and retrocommissioning of buildings over 50,000 square feet.  The requirements will phase in beginning with buildings that have tax blocks ending in 13 in 2013. ABO plans a major program explaining the rules at the BuildingsNY show April 24th, but it’s not too soon to identify qualified professionals under the rule to do the work. Experienced people will be in high demand and will want to review building operations in both winter and summer conditions.

DOB is also looking for a few good men or women — plumbers (just like this plumber Adelaide), electricians, property owners and managers and the like — to serve on the Electrical and Plumbing Boards. Applications should be submitted by October 26th. Any interested ABO members should contact Dan Margulies in the ABO office about representing the organization.

The Landmarks Commission created another historic district this week, this time on the lower East Side.  This is the 110th district in which the commission has limited redevelopment  and renovation since 1965, and puts the total number of properties covered by landmark designation of one kind or another over 30,000.

ABO congratulates board member Jeff Levine and Douglaston Development . The Edge in Williamsburg this week won the 2012 National Association of Home Builders Pillars of the Industry Awards in two categories:  Best High Rise Condominium Community and Best Mixed Use Community Site Plan.

Finally, please get your reservations in for our November 8th gala. We look forward to seeing you there.

Mayor Bloomberg was busy last week signing three new laws concerning transient occupancy, accessibility, and signage.

Intro 404A created new fines for illegally converting apartments to transient use. State legislation addressed the issue of building owners renting out units for less than 30 days at a time in residential buildings last year, but the City Council is imposing $1,000 to $25,000 fines depending on the number of units illegally converted or the number of offenses.

Intro 797A retroactively requires all buildings with accessible entrances to post signs directing visitors from inaccessible locations to the accessible ones. The rules also require directions to accessible rest rooms and warnings if, say, an elevator exits to an inaccessible area. Signs must also contain telephone numbers to call or instructions for using accessible entrances that may be locked. Owners have until August 1, 2013 to comply.

All signs required to be posted by the City will have to have QRC codes (those square bar codes) or similar technology so smart phones can instantly access city records on the project or property under Intro 771A. The law is effective in one year. It will change the look of building permits, for example, because there are city records to access, but not no smoking signs because there would be no additional information to check.

The lead paint issue keeps fading. The number of children with blood lead levels above 15 micrograms per deciliter, which triggers a home inspection by the Department of Health, dropped 24 percent in 2011, from 448 to 342, according to the Departments annual report to the City Council. More and more of the children with elevated levels in recent years are foreign born and come here with high lead levels rather than being poisoned here.

RSVPs for our November 8^th dinner are rolling in and YES, we will provide an additional discount to $500 per person on your second table. The more the merrier.

The City Council overrode Mayor Bloomberg’s veto of wage reporting legislation as expected this week. The union-backed bill will require anyone developing housing with city assistance to track and report wages of every employee for publication. Affordable housing developers predicted a $40 million annual cost and that less housing would result.

At the other end of the market, the Wall Street Journal reported co-op and condo sales in the third quarter  hit a post boom record and that prices are only 10% below the peak due to low interest rates, limited supply, and high rents.

The owners of 530 Park Avenue won Appellate Division approval yesterday for $343,827 in legal fees and $246,468 in lost rent in their non-primary residence case against Bianca Jagger — which they started in 2005.

Brokers are warning investors that capital gains rates will increase 25 percent after December 31st due to the Affordable Health Care Act, and that the other side of the fiscal cliff could see rates rise 60 percent or more. OK, brokers would love to see everyone sell by the end of the year, but they are not wrong about the rates. And keep in mind that December 31st will be the Monday of a four day weekend for most people. 

While it is always wise to be updated on the country’s economy and the various phases of highs and lows, one must also be aware of the ongoing wage rates and avoid being cheated. https://www.laborlawcc.com/new-york-labor-law-posters-state-and-federal-combo.html is a great website to fill oneself in with such details. 

What do women want? Find out in the NAHB webinar Wednesday October 10th at 2 p.m. Studies apparently show that women influence 91 percent of home buying decisions and the webinar will offer insights into what appeals to the female buyer and what turns her off. Register here.

Invitations for the ABO Annual Dinner November 8th are in the mail. Please respond soon and bring your friends.

Due to vacation schedules, the next ABO News Update will be emailed on Monday, October 8th instead of next Friday.