Public policy is typically dictated by events that cause harm to constituents, and changes to codes and regulations are made to prevent future harm. One such event was the Ann Street parking garage collapse, which occurred on April 18, 2023. The death of one person and injuries to five others as a result of the parking garage’s collapse motivated the legislature to make changes to the inspection and filing requirements for parking structures in all five boroughs of New York City. It is imperative for all owners of parking structures, whether they are individuals, corporations, condominiums or cooperatives, to understand the implications of the new requirements, impending filing deadlines and the consequences of non-compliance.

Definition of a Parking Structure

Scott M. Smiler, partner at Gallet Dreyer & Berkey

Only those structures that fall within the New York City Department of Buildings’ definition of a parking structure will be required to comply with the new inspections and filing requirements. A parking structure is defined as a building or portion of a building used to park and store motor vehicles, including open parking garages and enclosed parking garages (New York City Administrative Code Section 28-323.2).

Dominic P. Notti, associate at Gallet Dreyer & Berkey