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Department of Housing Preservation and Development
Codified Title: 
Title 28: Department of Housing Preservation and Development

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Monday, March 6, 2017
Proposed Rules Content: 

The proposed rule amendments reflect what has traditionally been HPD’s practice by clarifying HPD’s ability to revoke tax benefits granted before all eligibility criteria are fulfilled when those criteria are not fulfilled in a timely manner.. They also clarify the wording of §39-05 to unambiguously reflect HPD’s policy of delivering notices by mail to both the fee owner and, where relevant, the mortgagee, in addition to the notices delivered by mail to the real property tax bill addressee and both the agent and the owner identified in the multiple dwelling registration. Finally, the proposed rule amendment adds “Noticed Property” as a defined term, in order to put §39-05 in plainer English and thus make it easier to read and understand.

Subject: 

.Revocation Rule Amendments

Location: 
HPD
100 Gold Street Room 9P10, 9th Floor
New York, NY 10038
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, February 13, 2017
Proposed Rules Content: 

The unauthorized occupant policy rules for City-owned buildings under HPD’s jurisdiction in Chapter 19 were enacted to regularize the process for evaluating unauthorized tenancies. The policy expired on February 29, 1992, with a final notification process and deadline of May 31, 1992. Any determinations to be made under the policy were completed, and therefore the rules may be repealed. Currently, HPD’s rules in Chapters 21, 24, and 34 apply to tenancies in City-owned buildings under HPD’s jurisdiction. For these reasons, HPD proposes to repeal Chapter 19.

This rule was identified as part of a comprehensive rules review initiative undertaken by the NYC Mayor’s Office of Operations, working with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget. The initiative identified rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance.

Subject: 

.No public hearing

Contact: 

Vivian Louie at: Department of Housing Preservation and Development, 100 Gold Street, Room 7T2, New York, N.Y. 10038.

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, December 28, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

Article V of the Private Housing Finance Law (“Redevelopment Companies Law”) was a precursor to the Mitchell-Lama program.  It authorizes the City to sell property and grant partial tax exemptions to "redevelopment companies" that develop housing projects with private financing.  A sponsor's plan and project for area redevelopment requires approval by the City Planning Commission and the City Council.  The City Council also approves a tax exemption for such developments and a contract with each redevelopment company regulating rents.

HPD is proposing to repeal the Redevelopment Companies Rules.  The Redevelopment Companies Law provides sufficient guidance and, therefore, the rules are unnecessary.

Working with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget, the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified through this initiative.

HPD’s authority for these rules is found in sections 1043 and 1802 of the New York City Charter and section 117 of the Private Housing Finance Law.

Subject: 

Repeal of Redevelopment Company Rules

Location: 
7th Floor, Room 7Z10
100 Gold Street
New York, NY 10038

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The Department of Housing Preservation and Development adopts amendments to the rules relating to applications for successor tenancy in City-owned buildings.

Effective Date: 
Sat, 12/17/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

These adopted rules implement the prevailing wage requirement for building service workers in buildings receiving tax benefits pursuant to Real Property Tax Law Section 421-a enacted by the State Legislature by Chapter 618 of the Laws of 2007 and further amended by Chapter 15 of the Laws of 2008 and Chapter 20 of the Laws of 2015.

Effective Date: 
Sun, 10/23/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, October 27, 2016
Proposed Rules Content: 

The Department of Housing Preservation and Development (HPD) proposes to amend its rules to clarify the requirements for an application for successor tenancy in City-owned buildings. The proposed amendments describe the documents that must be submitted with the application form.

Subject: 

The Department of Housing Preservation and Development (HPD) proposes to amend its rules to clarify the requirements for an application for successor tenancy in City-owned buildings. The proposed amendments describe the documents that must be submitted with the application form.

Location: 
Department of Housing Preservation & Development
100 Gold Street Room 5R1
New York, NY 10038
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

The adopted Mitchell-Lama rule amendments allow siblings to transfer applications as long as they both were included on the original application and at least 18 years of age at the time of such original application. They also clarify the definition of “probable aggregate annual income” to better reflect HPD’s current policy of excluding up to $20,000 of each secondary wage earner’s income.  The rule amendments fix an inadvertent omission of the requirements for succession for people added to stock certificates in Mitchell-Lama cooperative developments before the December 25, 2014 rule change prohibiting such additions.  Finally, the amendments recognize that, upon request and with HPD’s prior approval, spouses that meet certain requirements can be added as co-owners of shares and co-signatories of occupancy agreements without such succession determinations.

Effective Date: 
Fri, 08/12/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 9, 2016
Proposed Rules Content: 

The proposed rules implement the enforcement mechanism enacted by Chapter 20 of the Laws of 2015 for prevailing wages for building service workers in covered 421-a buildings.

Subject: 

.

Location: 
HPD
100 Gold Street 9th Floor Room 9P10
New York, NY 10038
Contact: 

Elaine R. Toribio

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, June 30, 2016
Proposed Rules Content: 

2016-2017 Regulatory Agenda for the Department of Housing Preservation and Development

Subject: 

.

Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Local Law 101 of 2015 (LL 101) requires the Department of Buildings (DOB) to refer to the Department of Housing Preservation and Development (HPD) immediately hazardous elevator violations in multiple dwellings that are found after inspection to be uncorrected by the owner. When DOB inspectors find an immediately hazardous condition in an elevator that requires the elevator to be taken out of service until the condition is corrected, they will refer the condition to HPD. Upon such referral, HPD will make an assessment of what action may be necessary based on the inoperable condition of the elevator and other relevant factors. The rules provide criteria to assist HPD in making its determination regarding such action.

Effective Date: 
Mon, 06/27/2016

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