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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: 

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 15, 2016
Proposed Rules Content: 

Chapter 20 of the Laws of 2015 adopted requirements for projects seeking RPTL Section 421-a benefits that commence construction on or after June 15, 2015 and on or before December 31, 2015. These new requirements prohibit the isolation of affordable units to a specific floor or area of a building and require shared common entrances and common areas for all residents. The proposed rules implement these new requirements.

Subject: 

.

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

No contact

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

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