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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: 

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New York Real Property Tax Law (RPTL) § 420-cwas originally enacted to provide tax exemption for non-profit sponsors which develop affordable housing with federal low income housing tax credits.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): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The regulatory agenda provides notice of possible rulemaking actions by the agency during the 2015-2016 fiscal year.

Effective Date: 
Tue, 05/05/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The adopted rule implements the Department of Housing Preservation and Development’s authority pursuant to Zoning Resolution §23-96 to waive certain provisions of the Zoning Resolution.  Specifically, Zoning Resolution §23-96(b), (c), and (d) authorize HPD to waive the requirements for height and horizontal distribution, the distribution requirements for bedroom mix, and the size requirements of affordable housing units, respectively, for substantial rehabilitation affordable housing on generating sites.  HPD will waive such requirements under one or more of the following circumstances: (1) there are tenants who are returning to such affordable housing units after rehabilitation is completed, (2) the building is the subject of an in rem tax lien foreclosure judgment for the City of New York, or (3) the building is owned by a housing development fund corporation or other entity designated by HPD.

 

HPD’s ability to waive these requirements under these circumstances will help to preserve existing unit configurations to allow occupants to return after rehabilitation is completed.  This is important because where buildings are fully or partially occupied the ability to waive these requirements will avoid any diminution in the number of units rehabilitated and ensure that occupants can return to their units.  In addition, the ability to waive these requirements can result in the creation of more affordable housing units under certain HPD programs.

 

Effective Date: 
Sat, 05/30/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The adopted rule amends certain provisions of the Department of Housing Preservation and Development’s (HPD) rules governing fees for administration of loan programs and certain other municipality-aided projects.  The rule provides for a fee to be collected by HPD for monitoring contracts for compliance with equal employment opportunity and prevailing wage and labor standards. 

 

EO 50 of 1980 (as amended by Executive Order 94 of 1986, Executive Order 108 of 1986, and Executive Order 159 of 2011)prohibitsentities doing business with New York City from discriminating against any employee, applicant, or supplier.  It requires an entity that receives City funding to submit an employment report prior to contract award.  For HPD housing construction contracts, the project sponsor and prime contractors are among the entities required to submit construction employment reports to HPD’s Labor Monitoring Unit for compliance review.  The $1,400 fee will cover the agency’s costs in processing and reviewing the two submitted reports.

 

The Federal Davis Bacon Act (40 U.S.C. §3141 et seq.), State Labor Law §§220 and 230, Real Property Tax Law §421-a(8), and New York City Administrative Code §6-109require payment of prevailing wages and compliance with labor standards by contractors.  HPD’s Labor Monitoring Unit reviews payrolls and associated documentation, conducts site visits to gather data on wages, hours of work and other employment conditions, investigates complaints, and cooperates with other labor investigatory agencies like the U.S. Department of Labor.  The $30,000 fee will cover the required cost related to ongoing monitoring and enforcement of these requirements.

 

HPD has determined that certain programs covered by the equal employment opportunity and prevailing wage laws should be exempt from payment of fees for compliance monitoring.  The exempt programs provide loans or grants to projects for small buildings, buildings that were impacted by Super Storm Sandy, formerly City-owned buildings, or buildings that are under court-ordered administration.  All of these projects have limited financial resources and imposition of the fee is a hardship and impractical.  Therefore, HPD has determined that these programs should be exempt from the proposed compliance monitoring fees. 

 

Effective Date: 
Wed, 05/20/2015

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