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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 15, 2016
Proposed 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 reinspection to be uncorrected. 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.

Subject: 

.Proposed Rules Relating to Elevator Violation Referrals

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

Josh Cucchiaro

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 12, 2016
Proposed Rules Content: 

The proposed rules implement the new RPTL 421-a extended affordability program, RPTL Section 421-a(17), enacted by the State Legislature last year in Chapter 20 of the Laws of 2015.

Subject: 

.The proposed rules implement the RPTL 421-a extended affordability program that was enacted by the State Legislature as RPTL 421-a(17) in Chapter 20 of the Laws of 2015.

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

No contact

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

Agency:
Comment By: 
Thursday, February 25, 2016
Proposed Rules Content: 

The Mitchell-Lama Law (Article II of the Private Housing Finance Law) was enacted to address the “seriously inadequate” supply of “safe and sanitary” housing for families of low and moderate income. 41 N.Y. Priv. Hous. Fin. Law § 11 (McKinney’s 2002). Realizing that the necessary housing could not “readily be provided by the ordinary unaided operation of private enterprise,” the law provides incentives to encourage development of such income housing. Id. Specifically, housing companies are provided with low-interest mortgage funding for construction and real estate tax exemptions. 41 N.Y. Priv. Hous. Fin. Law §§ 22-23. In exchange for these benefits, housing companies are subject to numerous statutory restrictions, as well as to extensive regulatory and supervisory oversight and control, including regulations concerning rent, profits, disposition, and tenant selection. See, e.g., 41 N.Y. Priv. Hous. Fin. Law §§ 27, 31, 32, 32-a. HPD is the supervising agency for New York City’s municipally-aided Mitchell-Lama program.

Summary of Proposed Rule and Bases for Proposed Changes

• The Mitchell-Lama rule amendments that became effective on December 25, 2014, prohibit application transfers except between spouses and children of at least 18 years of age who were on the applicant’s original application. The ability to transfer an application to a sibling was inadvertently omitted. Siblings often enter lotteries for Mitchell-Lama apartments together, but only one can be entered as the potential head of household. Since waiting times for these apartments are extensive, the housing needs of such siblings are bound to change over time. The proposed rule amendment would 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, thereby correcting this omission.

• The proposed amendment to the definition of “probable aggregate annual income” is for clarification purposes to better reflect HPD’s current policy of excluding up to $20,000 of each secondary wage earner’s income.

• The Mitchell-Lama rule amendments that became effective on December 25, 2014, also prohibited a housing company from adding a family member to the stock certificate for a mutual redevelopment company unless such family member was approved for succession. Previously, family members could be added to stock certificates even if they had not been approved for succession, but co-ownership of shares indicated a financial interest only and did not guarantee succession. Thus, family members that had been added to the stock certificates prior to the rule change were required to independently meet succession requirements if and when the shareholder of record permanently vacated the apartment.

The December 25, 2014, rule amendment inadvertently failed to address family members who had previously been added to stock certificates before the establishment of succession rights was a prerequisite to such additions. The proposed rule change addresses that omission and reiterates the requirement that such family members would need to meet the succession requirements in order to establish occupancy rights.

Subject: 

Mitchell-Lama Proposed Rule Amendments

Location: 
HPD
100 Gold Street First Floor, Room 1R
New York, NY 10038
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Under the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies the most distressed buildings in need of repair and systems replacement, and monitors the progress of owners towards correcting Housing Maintenance Code violations or corrects the violations itself.  Pursuant to section 27-2153 of the New York City Administrative Code, HPD is authorized to revise the criteria used to select buildings for participation in the program and does so in Chapter 36 of Title 28 of the Rules of the City of New York.  Local Law 64 of 2014 amended section 27-2153 by increasing the number of buildings that will participate in the AEP annually to 250, and authorizing HPD to set the criteria for participation by rule.

In 2016, the ninth year of the program, and for each succeeding year, the adopted rules specify the number of housing maintenance code violations issued and the amount of paid or unpaid emergency repair charges incurred during a look-back period that result in a property being considered for inclusion in the AEP.   The look-back period is the interval of time in the past during which violations were issued or charges accrued.

The adopted rules also add criteria for prioritizing buildings for participation, and for adding buildings when the initial criteria do not yield a total of 250 buildings.  The rules also define the term “rehabilitation” for the purpose of implementing the authority under the law to exclude buildings from the AEP that are the subject of a rehabilitation loan made by HPD or the New York City Housing Development Corporation.  The rules also exclude buildings that were formerly in the AEP and discharged in the past three years as a result of work performed by HPD.

Effective Date: 
Mon, 10/05/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

New York Real Property Tax Law (RPTL) § 420-cwas originally enacted to provide tax exemption for non-profit sponsors which develop affordable housing with federal low income housing tax credits.  In 2004, RPTL § 420-c was amended by Chapter 522 of the Laws of 2004 to require that at least 50% of the controlling interest in an entity owning the property be held by a charitable or social welfare organization formed under 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code.  The 2004 amendments eliminated the prior governmental loan requirement for RPTL § 420-c benefits and provided that the municipality must sign or approve a regulatory agreement requiring that the real property be used to provide low income housing for the entire term of the RPTL § 420-c tax exemption.  The 2004 amendments also authorized existing eligible projects to start receiving RPTL § 420-c tax benefits if they terminated any current tax benefits and executed new regulatory agreements.

The rule amendments add the 2004 statutory amendments to the current rules since the amendments apply to all RPTL § 420-c applications approved by HPD on or after September 28, 2004, the effective date of the amendments. They also make some technical changes to the existing § 420-c regulatory provisions.

 

Effective Date: 
Sun, 09/20/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Local Law 65 of 2014 (LL 65) authorizes the Department of Housing Preservation and Development (HPD) to impose a fee to conduct a third complaint-based inspection for a dwelling unit that HPD has inspected twice in the same twelve-month period. For this fee to apply, HPD must have issued a hazardous (class B) or immediately hazardous (class C) violation in the dwelling unit as a result of each such inspection in that period, and the owner must have failed to certify that all of those violations have been corrected.  Under the law, if the fee has not been paid, it becomes a tax lien against the property.   

The new law provides HPD with authority to, by rule:  

(1)  

Increase the fee for such inspections when they are performed during “heat season” (the period of October 1st through May 31st),

 

(2)  

Exclude certain hazardous or immediately hazardous violations from the inspection fee, and

 

(3) Determine what documents HPD would require for an owner to object to the inspection fee. An owner must prove that he/she attempted to access the dwelling unit to make repairs but was unable to do so.  The owner’s objection would be made under the process provided by Administrative Code §27-2129 and related statutes, and HPD’s rules in 28 RCNY Chapter 17.  

The rules provide for a new Chapter 47 to specify which hazardous and immediately hazardous violations would not generate the complaint-based inspection fee.  They also amend 28 RCNY Chapter 17 to describe the documents required for an owner to protest the inspection fee on the basis of lack of access to a dwelling unit to make repairs. The rule also clarifies Chapter 17 to specify that the rules pertaining to objections to charges enforced as tax liens apply to charges incurred under Administrative Code § 27-2091 and 27-2115(k). 

Housing Maintenance Code §27-2008 establishes an owner’s right of access to a tenant’s dwelling unit.  The law authorizes HPD to make rules regarding an owner’s entry to a dwelling unit at a reasonable time and in a reasonable manner.  Under LL 65, an owner would be able to protest a recurring violation inspection fee on the basis of lack of access to a dwelling unit to make repairs.  The rule amends Chapter 25, Subchapter H, §25-101 to clarify and update requirements regarding notification to tenants and the right of access to a dwelling unit at a reasonable time and in a reasonable manner to repair violations and conduct inspections for making improvements and other repairs.  

In addition, Local Law 47 of 2015, which was signed into law by the Mayor on June 2, 2015, provides for owners to notify occupants when certain repairs are to be made to essential services like heat and hot water.  The final rule incorporates those requirements by making conforming amendments to §25-101.

Effective Date: 
Thu, 08/20/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 20, 2015
Proposed Rules Content: 

Under the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies the most distressed buildings in need of repair and systems replacement, and monitors the progress of owners towards correcting Housing Maintenance Code violations or corrects the violations itself.  Pursuant to section 27-2153 of the New York City Administrative Code, HPD is authorized to revise the criteria used to select buildings for participation in the program and does so in Chapter 36 of Title 28 of the Rules of the City of New York.  Local Law 64 of 2014 amended section 27-2153 by increasing the number of buildings that will participate in the AEP annually to 250, and authorizing HPD to set the criteria for participation by rule.

In 2016, the ninth year of the program, and for each succeeding year, the proposed rules specify the number of housing maintenance code violations issued and the amount of paid or unpaid emergency repair charges incurred during a look-back period that result in a property being considered for inclusion in the AEP.   The look-back period is the interval of time in the past during which violations were issued or charges accrued.

The proposed rules also add criteria for prioritizing buildings for participation, and for adding buildings when the initial criteria do not yield a total of 250 buildings.  The rules also define the term “rehabilitation” for the purpose of implementing the authority under the law to exclude buildings from the AEP that are the subject of a rehabilitation loan made by HPD or the New York City Housing Development Corporation.  The rules also exclude buildings that were formerly in the AEP and discharged in the past three years as a result of work performed by HPD.

Subject: 

.Amendments to Rules Governing the Alternative Enforcement Program

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

Assistant Commissioner Grace DeFina

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, August 3, 2015
Proposed Rules Content: 

New York Real Property Tax Law (RPTL) § 420-cwas originally enacted to provide tax exemption for non-profit sponsors which develop affordable housing with federal low income housing tax credits.  In 2004, RPTL § 420-c was amended by Chapter 522 of the Laws of 2004 to require that at least 50% of the controlling interest in an entity owning the property be held by a charitable or social welfare organization formed under 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code.  The 2004 amendments eliminated the prior governmental loan requirement for RPTL § 420-c benefits and provided that the municipality must sign or approve a regulatory agreement requiring that the real property be used to provide low income housing for the entire term of the RPTL § 420-c tax exemption.  The 2004 amendments also authorized existing eligible projects to start receiving RPTL § 420-c tax benefits if they terminated any current tax benefits and executed new regulatory agreements.

The proposed rule amendments add the 2004 statutory amendments to the current rules since the amendments apply to all RPTL § 420-c applications approved by HPD on or after September 28, 2004, the effective date of the amendments. They also make some technical changes to the existing § 420-c regulatory provisions.

Subject: 

Proposed Amendments to Rules Governing Tax Exemptions under Real Property Tax Law section 420-c

Location: 
Department of Housing Preservation & Development
100 Gold Street Room 8-D09
New York, NY 10038
Contact: 

Elaine R. Toribio

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The adopted rules repeal former §18-01 and provide for a new §18-01 regarding the Department of Housing Preservation and Development providing relocation services. Tenants who live in dwelling units that are the subject of a vacate order by a City agency may be eligible to receive relocation services, such as temporary shelter, moving expenses and storage services.

 

The proposed rules:

 

· Update and clarify eligibility for such services;

· Set forth the requirements for relocated persons to continue to be eligible for them; and

· Outline the circumstances under which such services may be terminated.

Effective Date: 
Mon, 07/20/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, June 18, 2015
Proposed Rules Content: 

Local Law 65 of 2014 (LL 65) authorizes the Department of Housing Preservation and Development (HPD) to impose a fee to conduct a third complaint-based inspection for a dwelling unit that HPD has inspected twice in the same twelve-month period. For this fee to apply, HPD must have issued a hazardous (class B) or immediately hazardous (class C) violation in the dwelling unit as a result of each such inspection in that period, and the owner must have failed to certify that all of those violations have been corrected.  Under the law, if the fee has not been paid, it becomes a tax lien against the property.   

The new law provides HPD with authority to, by rule:  

(1)  

Increase the fee for such inspections when they are performed during “heat season” (the period of October 1st through May 31st),

 

(2)  

Exclude certain hazardous or immediately hazardous violations from the inspection fee, and

 

(3) Determine what documents HPD would require for an owner to object to the inspection fee. An owner must prove that he/she attempted to access the dwelling unit to make repairs but was unable to do so.  The owner’s objection would be made under the process provided by Administrative Code §27-2129 and related statutes, and HPD’s rules in 28 RCNY Chapter 17.

 

The proposed rules provide for a new Chapter 47 to specify which hazardous and immediately hazardous violations would not generate the complaint-based inspection fee.  They also amend 28 RCNY Chapter 17 to describe the documents required for an owner to protest the inspection fee on the basis of lack of access to a dwelling unit to make repairs.

 

Housing Maintenance Code §27-2008 establishes an owner’s right of access to a tenant’s dwelling unit.  The law authorizes HPD to make rules regarding an owner’s entry to a dwelling unit at a reasonable time and in a reasonable manner.  Under LL 65, an owner would be able to protest a recurring violation inspection fee on the basis of lack of access to a dwelling unit to make repairs.  The proposed rule amends Chapter 25, Subchapter H, §25-01 to clarify and update requirements regarding notification to tenants and the right of access to a dwelling unit at a reasonable time and in a reasonable manner to repair violations and conduct inspections for making improvements and other repairs.

 The proposed rule also makes a clarification to Chapter 17 of Title 28 of the RCNY to specify that the rules pertaining to objections to charges enforced as tax liens apply to charges incurred under § 27-2091.

 

Subject: 

.Rules Relating to Recurring Complaint-Based Inspections

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

Assistant Commissioner Mario Ferrigno

Download Copy of Proposed Rule (.pdf): 

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