Chair Schulman details enforcement data in Upper East Side cluster zip codes
Schulman details that DOHMH issued zero summonses in January, March, May, and June in the cluster area, then 180 summonses to 78 buildings in July after the outbreak. She argues enforcement should not require an outbreak to trigger action.
Data recently pulled from the Office of Administrative Trials and Hearings indicate that building owners owed the city approximately $5.1 million in outstanding balances related to cooling tower violations citywide, including approximately $1.5 million
associated with violations that DOHMH classifies as public health hazards.
And according to a 2025 DOHMH report, DOHMH received 94 test reports showing potentially hazardous
regionella levels in cooling tower systems, and yet no cleanings or disinfections were performed by or on behalf of DOHMH pursuant to these tests.
The same report found at least 800 critical cooling tower violations and over 250 public health hazard violations citywide last year.
Tragically, none of this reporting led to aggressive enforcement prior to the cluster.
in 2026.
According to DOHMH cooling tower inspection data and oath enforcement records for the three zip codes included in the 2026 Upper East Side cluster, enforcement was limited during the first six months of 2026.
After excluding dismissed cases, DOHMH issued 20 summonses to six buildings in February and five summonses to one building in April while issuing none in January, March, May, or June of this year.
However, once the cluster occurred in July, enforcement increased substantially.
DOHMH issued 180 summonses to 78 buildings with a combined face value of $177,000 in fines.
During the 2026 cluster, of the 58 buildings with cooling towers that tested positive through culture testing for Legionella, only two received violations between January 1st and June 17th.
Between June 18th and July 31st, however, 35 of the 58 buildings received a total of 71 summonses with a combined face value of $65,500.