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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Update to MIH Affordable Housing Fund contribution schedule for Fiscal Year 2021.

Effective Date: 
Wed, 07/01/2020

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Thursday, June 18, 2020
Proposed Rules Content: 

HPD’s rule amendment updates the MIH Affordable Housing Fund contribution schedule for the coming fiscal year (July 1, 2020 through June 30, 2021). In addition to changes in the contribution amounts, the rule amendment moves Manhattan Community District 10 and Brooklyn Community District 8 from Fee Tier 3 to Fee Tier 2 and Brooklyn Community District 4 from Fee Tier 3 to Fee Tier 5, in order to reflect changes in the relative market characteristics of those Community Districts.

Subject: 

HPD has determined, pursuant to New York City Charter section 1043(e), that a public hearing on the proposed rule would serve no public purpose.

Contact: 

No contact

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Thursday, May 28, 2020
Proposed Rules Content: 

Statement of Basis and Purpose

When large, new buildings are designed, there currently is no requirement that such buildings consider waste management planning and incorporate measures for managing the substantial amount of refuse and recyclables generated by residents of such buildings. Curbside placement of piled bags of refuse generated at such buildings for collection by the Department of Sanitation (“DSNY”), given their large size, results in mountains of black bags placed along the curb on the sidewalks, not only obstructing pedestrian flow, but also impacting the quality of life of the surrounding area, especially in the summer months and after delayed collection during the winter months due to  snow.  These bags are also a huge food source for rats.  

The proposed rule would require owners and/or managing agents of certain new residential multiple dwellings to install a waste containerization system for the management of waste generated (unless DSNY determines that collection service through this system is not feasible).

Pursuant to Local Law 56 for the Year 1967, Local Law 11 for the Year 1971, and Chapter 907 of the Laws of 1985, DSNY, the Department of Health and Mental Hygiene (“DOHMH”), and the Department of Housing Preservation and Development (“HPD”) must jointly approve via rule (“Tripartite General Orders”) any new specifications for waste management systems in dwellings.

This jointly drafted proposed rule would amend the existing Tripartite General Orders by requiring owners and/or managing agents of certain new residential multiple dwellings, including commercial buildings that are turned into residential buildings, to install a waste containerization system to manage waste generated at such building unless DSNY determines that collection service through this system is not feasible.      

Specifically, this proposed rule would require the installation of a waste containerization system in:

  • Any new multiple dwelling building that contains 300 or more dwelling units; or
  • Any commercial building that is altered, enlarged or otherwise modified from its original physical design in order to be newly classified by the New York City Department of Buildings (“DOB”) as a multiple dwelling building that contains 300 or more dwelling units; or
  • Any commercial building having 50 percent or more of its floor area renovated in order to be classified by DOB as a multiple dwelling building that contains 300 or more dwelling units.

DSNY also reserves the right to waive this mandatory requirement if it determines such waste containerization system is not operationally feasible at any time for reasons including, but not limited to, one or more of the following: 

  • the vehicle operator for DSNY must be able to drive safely any of its collection vehicles within the boundary lines of any private property that such collection vehicle must access. DSNY reserves the right to require the submission of drawings or plans, including, but not limited to, an auto-turn analysis depicting one of its collection vehicles; or
  • a DSNY collection truck must be able to enter and exit the waste holding area with normal and customary maneuvering by the operator; or
  • DSNY must have the necessary vehicles and equipment to collect the materials placed out for collection by the building through the waste containerization system; or  
  • the area in which such containers are stored, if located on private property, must continually be kept and maintained in good condition and not pose any threat of injury to DSNY workers or damage to its vehicles and equipment during collection; or
  • meeting all specifications outlined in section 17-12 of this subchapter.

 DSNY may deny or suspend collection service to any building required by the proposed rule to have a waste containerization system if all provisions have not been met. 

 In conjunction with section one of this rule, DSNY and HPD will amend their respective provisions of the existing Tripartite General Orders, which can be found in, respectively, Chapter 9 of Title 16 of the Rules of the City of New York and Chapter 27 of Title 28 of the Rules of the City of New York.

 DOHMH’s authority for this rule is found in sections 556 and 1043 of the New York City Charter and section 27-2021 of the New York City Administrative Code.

 

Subject: 

To join the hearing, please use the link on the attached PDF version of the proposed rule.

Location: 
WEBEX NY
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 16, 2020
Proposed Rules Content: 

Notice of postponement of hearing

Subject: 

.

Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 16, 2020
Proposed Rules Content: 

The proposed rule would require owners and/or managing agents of certain new residential multiple dwellings, including commercial buildings that are turned into residential buildings, to install a waste containerization system for the management of waste generated (unless DSNY determines that collection service through this system is not feasible). This rule is jointly proposed by the Departments of Sanitation, Health and Mental Hygiene, and Housing Preservation and Development.

Subject: 

.Requirements for Waste Containerization Systems in Certain Buildings

Location: 
125 Worth Street second floor auditorium
New York, NY 10013
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Notice of Repeal of the Neighborhood Entrepreneurs Program Rules

 

Notice is hereby given that, pursuant to the authority vested in the Commissioner of the Department of Housing Preservation and Development (“HPD”) by Section 1802 of the New York City Charter, and in accordance with the requirements of Section 1043 of the Charter, HPD is repealing Chapter 35 of Title 28 of the Rules of the City of New York, the “Neighborhood Entrepreneurs Program”. 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.  HPD determined, pursuant to New York City Charter Section 1043(e), that a public hearing on the proposed rule would have served no public purpose.

 

 

Statement of Basis and Purpose of Rule

Chapter 35 of Title 28 of the Rules of the City of New York were adopted in 2002 to establish the procedures for selecting buildings for the Neighborhood Entrepreneurs Program (“NEP”), notifying tenants of such selection and the rental adjustments made in conjunction with the program, and carrying out rehabilitation and disposition of buildings in the program.  NEP enabled neighborhood-based private property owners to own and manage clusters of occupied and vacant City-owned buildings.  The program has been completed and there are no more properties to be disposed of.

 

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.

Effective Date: 
Tue, 03/31/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT 

Notice of Adoption of Rules 

Notice is hereby given that pursuant to the authority vested in the Commissioner of the Department of Housing Preservation and Development (HPD) pursuant to Section 1802 of the City Charter and Section 421-a of the New York State Real Property Tax Law and in accordance with Section 1043 of the City Charter, HPD is adopting amendments to chapter 50 to title 28 of the Rules of the City of New York to implement changes to the prevailing wage requirements for building service employees in buildings receiving tax benefits under New York State Real Property Tax Law section 421-a (the “421-a Statute”) enacted by Chapter 20 of the Laws of 2015 and Chapter 59 of the Laws of 2017 and to the minimum average hourly wage requirements for construction workers for certain projects in accordance with subdivision 16 of the 421-a Statute. 

A notice of proposed rulemaking was published in the City Record on October 15, 2019.  A public hearing was held on November 19, 2019. 

Statement of Basis and Purpose 

Section 421-a of the Real Property Tax Law (“421-a Statute”) provides real property tax exemptions for eligible new multiple dwellings. In New York City, HPD determines eligibility for these exemptions and is responsible for ensuring that applicants for the exemption comply with the exemption’s eligibility requirements, including the requirement that the applicant’s building service employees receive a prevailing wage. 

Chapter 20 of the Laws of 2015 amended the 421-a Statute to add enforcement oversight over the building service employees’ prevailing wage requirements by designating enforcement authority to the fiscal officer which, in New York City, is the Comptroller. Chapter 20 of the Laws of 2015 also articulated the fiscal officer’s enforcement powers, which include conducting investigations to determine the prevailing wage for building service employees, holding related hearings, and issuing rules necessary for the proper execution of the duties, responsibilities, and powers conferred upon the fiscal officer by Chapter 20. 

Chapter 59 of the Laws of 2017 amended RPTL Section 421-a(16) and provided for Affordable New York Housing Program tax exemption benefits for buildings that commenced construction after December 31, 2015, and on or before June 15, 2022, and who completed construction no later than June 15, 2026.  Chapter 59 of the Laws of 2017 requires compliance with the prevailing wage requirements for building service workers and provides enforcement authority to the New York City Comptroller.  RPTL Section 421-a(16) provides that eligible multiple dwellings containing less than thirty dwelling units are exempt from the requirement.  For an eligible multiple dwelling receiving benefits pursuant to RPTL Section 421-a(16) to meet the affordability exemption from the building service workers prevailing wage requirements, all of the dwelling units must be affordable housing units and at least 50%, upon initial rental and subsequent rentals following a vacancy, must be affordable to and restricted to occupancy by individuals or families at or below 125% of Area Median Income.  

Chapter 59 of the Laws of 2017 also provided that in addition to the other requirements provided in subdivision 16 of the 421-a Statute, rental projects with 300 or more dwelling units that are located in portions of Manhattan, Queens and Brooklyn must pay construction workers a minimum average hourly wage.  The Comptroller also was given enforcement authority with respect to these minimum average hourly wage requirements for construction workers. 

Chapter 50 of Title 28 of the Rules of the City of New York governs building service worker prevailing wage requirements and construction workers minimum average hourly wage requirements in certain buildings receiving benefits pursuant to the 421-a Statute. 

HPD’s rule amendments authorize the imposition of civil penalties for violations of the prevailing wage and minimum average hourly wage requirements.  The civil penalty cannot be more than 25% of either (a) the prevailing wage underpayment, or (b) the differential between the wages set forth in the contractor’s certified payroll report and the actual wages paid.  The civil penalty shall be assessed based upon such factors as size and good faith of applicant, contractor or subcontractor, as relevant, the gravity of the violation, the violation history and the failure to comply with bookkeeping and other non-wage requirements. 

The rule amendments also amend the definition of “Owner” in the rules to track Labor Law Article 9 and ensure that the definition covers any entity that is employing building service workers for work that extends beyond such entity’s individual residential or commercial unit.  Finally, the rule amendments make some technical amendments to Chapter 50.  

HPD’s authority for these rules is found in sections 1043 and 1802 of the New York City Charter and section 421-a of the Real Property Tax Law.

Effective Date: 
Sun, 03/01/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The rule amendments remove from consideration for the Speculation Watch List those multiple dwellings that were constructed within the last several years and in which a majority of dwelling units are rent regulated due to Real Property Tax Law Section 421-a(1)-(15) requirements.

Effective Date: 
Fri, 12/06/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Amendments to Rules regarding Lead Paint Poisoning and Control

Effective Date: 
Mon, 12/09/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 19, 2019
Proposed Rules Content: 

HPD’s proposed rule amendments authorize the imposition of civil penalties for violations of the prevailing wage and minimum average hourly wage requirements. The civil penalty cannot be more than 25% of either (a) the prevailing wage underpayment, or (b) the differential between the wages set forth in the contractor’s certified payroll report and the actual wages paid. The civil penalty shall be assessed based upon such factors as size and good faith of applicant, contractor or subcontractor, as relevant, the gravity of the violation, the violation history and the failure to comply with bookkeeping and other non-wage requirements.The proposed rule amendments also amend the definition of “Owner” and make some technical amendments to Chapter 50.

Subject: 

RPTL Section 421-a Prevailing Wage Rule Amendments

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

Meilan Chiu, Director of Operations and Policy Analysis, 100 Gold Street, Room 9-Z2, New York, New York 10038

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