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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: 

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 21, 2015
Proposed Rules Content: 

The proposed 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 proposes to 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.

Subject: 

Amendments to Inclusionary Housing Guidelines

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

Assistant Commissioner Louise Carroll

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Real Property Tax Law §421-a provides real property tax exemptions for eligible, new multiple dwellings. HPD determines eligibility for §421-a real property tax exemptions.  HPD is amending Chapter 6 of Title 28 of the Rules of the City of New York (the "421-a Rules") to clarify a grandfathering provision that was added to the rules after major programmatic changes were enacted by State and local legislatures between December 2006 and February 2008.

Deadline for Exemption from Affordability Requirements and the AV Cap

  • Under the 421-a Program, developers apply to HPD for certificates of eligibility to receive the tax exemption.  A Preliminary Certificate of Eligibility entitles a project to a real property tax exemption for up to three years of construction, and a Final Certificate of Eligibility entitles a project to post-completion exemption benefits, which last between 10-25 years and are phased out over the benefit period. 
  • The §421-a Program includes a Geographic Exclusion Area, which is a residential zone in the City established by State and local laws.  In the Geographic Exclusion Area, §421-a benefits are not as-of-right and projects must meet certain affordability requirements to receive a §421-a tax exemption ("Affordability Requirements").
  • If projects in the Geographic Exclusion Area provide affordable units offsite instead of onsite, they may only receive §421-a benefits for a portion of the project’s billable exempt assessed value ("AV Cap"), depending upon when the project commenced and completed construction and the date of the written agreement for the construction of offsite affordable units.  If the AV Cap applies, a portion of the project’s assessed value is fully taxable.
  • The Geographic Exclusion Area was expanded by State and local laws between December 2006 and February 2008.  However, these laws included an exemption for projects that commenced construction prior to July 1, 2008.  Projects that were formerly outside the Geographic Exclusion Area and which commenced construction prior to July 1, 2008 would not have to meet the Affordability Requirements. 
  • The rules implementing these legislative changes defined commencement of construction as the later of:

(a) the date of issuance of a building or alteration permit based upon Department of Buildings (DOB)-approved architectural and structural plans, or,

(b) the date upon which a new metal or concrete structure to be incorporated into the multiple dwelling that shall perform a load bearing function for such multiple dwelling is installed.

  • The rules also addressed the effect of any future upzoning of properties within the new Geographic Exclusion Area.  The rules provided that the commencement date for a project located on property that was later upzoned would only be altered if the architectural and structural plans initially approved by DOB were amended to provide for more than a 35% increase in the multiple dwelling’s floor area ("35% standard"). 
  • HPD intended for the 35% standard to apply to (1) projects that were outside the Geographic Exclusion Area before the applicable deadline, but in the Geographic Exclusion Area after the applicable deadline; and (2) projects that would not have been subject to the AV Cap before the applicable deadline, but would have been subject to the AV Cap after the applicable deadline.
  • The proposed rule amendments reflect HPD’s original intention for the 35% standard: The 35% standard will only apply to projects that were affected by the change in the Geographic Exclusion Area in relation to the Affordability Requirements or the AV Cap. 
  • The proposed rule amendments also incorporate the definition of floor area contained in Zoning Resolution §12-10, which should govern the measured building expansion. 
Effective Date: 
Thu, 03/26/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 9, 2015
Proposed Rules Content: 

The Department of Housing Preservation and Development (HPD) proposes amendments to the rules governing fees for administration of loan programs and other municipality-aided projects.  Specifically, HPD proposes establishing a fee for monitoring compliance with Executive Order 50 of 1980 (as amended by Executive Order 94 of 1986, Executive Order 108 of 1986, and Executive Order 159 of 2011) which requires equal employment opportunity in New York City contracting.  HPD also proposes to establish a fee for monitoring compliance with 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 §6-109 which require the payment of prevailing wages and compliance with labor standards..

 

Subject: 

Fees for Monitoring Compliance with Employment and Wage Requirements

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

Deputy Commissioner Eva Trimble

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The rules governing how third parties may acquire property that is the subject of an in rem foreclosure judgment, as well as the third party transfer process, are in Chapter 8 of Title 28 of the Rules of the City of New York (RCNY). Section 8-03(e) sets forth factors that HPD may consider in selecting a third party.  Among those factors is “whether an application has been submitted under sponsorship of a Third Party on behalf of Tenants for eventual ownership by the Tenants of a property that is subject to an in rem judgment of foreclosure.”  28 RCNY 8-03(e)(9).  Section 8-06 describes how HPD evaluates the tenants’ progress toward ownership of the property when a third party sponsor has submitted an application on their behalf.  Section 8-07 describes how HPD determines whether or not to approve a transfer of property from a third party to tenants.    

 

The amendments modify or clarify portions of Sections 8-06 and 8-07. The amendments provide more flexibility in the timing of training for tenants and for determining the end of the interim evaluation period.

Effective Date: 
Wed, 03/25/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

This final rule implements New York City Administrative Code section 26-1103, which was recently enacted by Local Law 45 of 2014.  Section 26-1103 requires owners of multiple dwellings to post a notice in a conspicuous place within view of the area in the multiple dwelling to which mail is delivered regarding the availability of a housing information guide for tenants and owners.  The law authorizes the Department of Housing Preservation and Development to determine the form of the required notice.

Effective Date: 
Mon, 01/19/2015

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

Agency:
Comment By: 
Monday, January 12, 2015
Proposed Rules Content: 

Real Property Tax Law §421-a provides real property tax exemptions for eligible, new multiple dwellings. HPD determines eligibility for §421-a real property tax exemptions. HPD is proposing amendments to Chapter 6 of Title 28 of the Rules of the City of New York (the "421-a Rules") to clarify a grandfathering provision that was added to the rules after major programmatic changes were enacted by State and local legislatures between December 2006 and February 2008.

Deadline for Exemption from Affordability Requirements and the AV Cap

• Under the 421-a Program, developers apply to HPD for certificates of eligibility to receive the tax exemption. A Preliminary Certificate of Eligibility entitles a project to a real property tax exemption for up to three years of construction, and a Final Certificate of Eligibility entitles a project to post-completion exemption benefits, which last between 10-25 years and are phased out over the benefit period.
• The §421-a Program includes a Geographic Exclusion Area, which is a residential zone in the City established by State and local laws. In the Geographic Exclusion Area, §421-a benefits are not as-of-right and projects must meet certain affordability requirements to receive a §421-a tax exemption ("Affordability Requirements").
• If projects in the Geographic Exclusion Area provide affordable units offsite instead of onsite, they may only receive §421-a benefits for a portion of the project’s billable exempt assessed value ("AV Cap"), depending upon when the project commenced and completed construction and the date of the written agreement for the construction of offsite affordable units. If the AV Cap applies, a portion of the project’s assessed value is fully taxable.
• The Geographic Exclusion Area was expanded by State and local laws between December 2006 and February 2008. However, these laws included an exemption for projects that commenced construction prior to July 1, 2008. Projects that were formerly outside the Geographic Exclusion Area and which commenced construction prior to July 1, 2008 would not have to meet the Affordability Requirements.
• The rules implementing these legislative changes defined commencement of construction as the later of:
(a) the date of issuance of a building or alteration permit based upon Department of Buildings (DOB)-approved architectural and structural plans, or,
(b) the date upon which a new metal or concrete structure to be incorporated into the multiple dwelling that shall perform a load bearing function for such multiple dwelling is installed.
• The rules also addressed the effect of any future upzoning of properties within the new Geographic Exclusion Area. The rules provided that the commencement date for a project located on property that was later upzoned would only be altered if the architectural and structural plans initially approved by DOB were amended to provide for more than a 35% increase in the multiple dwelling’s floor area ("35% standard").
• HPD intended for the 35% standard to apply to (1) projects that were outside the Geographic Exclusion Area before the applicable deadline, but in the Geographic Exclusion Area after the applicable deadline; and (2) projects that would not have been subject to the AV Cap before the applicable deadline, but would have been subject to the AV Cap after the applicable deadline.
• The proposed rule amendments reflect HPD’s original intention for the 35% standard: The 35% standard will only apply to projects that were affected by the change in the Geographic Exclusion Area in relation to the Affordability Requirements or the AV Cap.
• The proposed rule amendments also incorporate the definition of floor area contained in Zoning Resolution §12-10, which should govern the measured building expansion.

Subject: 

.Proposed RPTL Section 421-a Rule Amendments

Location: 
HPD
100 Gold Street 9th Floor Room 9P-10
New York, NY 10038
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Friday, January 16, 2015
Proposed Rules Content: 

 

The proposed rules repeal former §18-01 and provide for a new §18-01 regarding the Department of Housing Preservation and Development (HPD) 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.

 

 

 

Subject: 

Proposed Amendments to Rules pertaining to Relocation Services

Location: 
NYC Department of Housing Preservation & Development
100 Gold Street Room 1R, First Floor
New York, NY 10038
Contact: 

Assistant Commissioner Vivian Louie
100 Gold Street, Room 7-T3
New York, N.Y. 10038

Download Copy of Proposed Rule (.pdf): 

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