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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: 

Statement of Basis and Purpose of Adopted Rule

The adopted rule amends section 38-03 of the Campaign Finance Act (“Act”) rules relating to business dealings with the City.  The Act authorizes the Department of Housing Preservation and Development (HPD) to disseminate rules that clearly state which categories of actions, transactions and agreements providing affordable housing do, and do not, constitute business dealings with the City of New York for purposes of the Act.  Entities engaging in actions, transactions and agreements that do not constitute business dealings with the City are not subject to disclosure requirements or to the campaign contribution limitation set forth in the Act.  The proposed amendment clarifies that individuals and entities receiving grants or loans consisting of Community Development Block Grant–Disaster Recovery funds will not be considered to be doing business with the City for purposes of the Act, and so will not be subject to the Act’s disclosure and contribution requirements

Effective Date: 
Sun, 10/19/2014

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

Agency:
Comment By: 
Tuesday, September 16, 2014
Proposed Rules Content: 

This rulemaking action is undertaken to amend the Department of Housing Preservation and Development’s rules regarding successor tenants in City-owned buildings as well as the rules regarding the Tenant Interim Lease Program (TIL).  The amendments are intended to delete references to agency divisions that no longer exist and to clarify that HPD’s successor tenant rules apply to buildings that are in the TIL Program, in addition to the other City-owned buildings under HPD’s jurisdiction.

Subject: 

.Amendments relating to successor tenants in City-owned buildings and the tenant interim lease program

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

Vivian Louie
100 Gold Street
New York, N.Y. 10038

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, September 4, 2014
Proposed Rules Content: 

 

The proposed rule amends certain provisions of the Campaign Finance Act (“Act”) rules relating to business dealings with the City.  The Act authorizes the Department of Housing Preservation and Development (HPD) to disseminate rules that clearly state which categories of actions, transactions and agreements providing affordable housing do, and do not, constitute business dealings with the City of New York for purposes of the Act.  Entities engaging in actions, transactions and agreements that do not constitute business dealings with the City are not subject to disclosure requirements or to the campaign contribution limitation set forth in the Act.  The proposed amendment clarifies that individuals and entities receiving grants or loans consisting of Community Development Block Grant–Disaster Recovery funds will not be considered to be doing business with the City for purposes of the Act, and so will not be subject to the Act’s disclosure and contribution requirements.

Subject: 

Proposed amendments to rules governing implementation of the Campaign Finance Act

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

Assistant Commissioner Kimberly Darga
212 863 8578

Download Copy of Proposed Rule (.pdf): 

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

Agency:
Comment By: 
Tuesday, August 12, 2014
Proposed Rules Content: 

The proposed rule amends certain provisions of the Third Party Transfer program rules, in order to provide more specific guidance regarding evaluation of progress for the eventual ownership by tenants of a residential building that is subject to an in rem foreclosure judgment.

 

The City can convey residential property that is the subject of an in rem foreclosure judgment to a qualified third party. Under § 11-412.1(b)(2) of the New York City Administrative Code, the Department of Housing Preservation and Development (HPD) is responsible for promulgating rules about how third parties are deemed qualified and selected to acquire such property. 

 

The rules governing how third parties may acquire such property 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 proposed amendments modify or clarify portions of Sections 8-06 and 8-07.  The amendments clarify that tenants must have continuously resided in the building after the conveyance of the property to the Third Party in order to be eligible for a transfer of ownership.  The amendments also provide that at least 80% of such tenants must have expressed interest in ownership through subscriptions to buy units.  The amendments clarify that among the factors that HPD may consider in making its determination for tenant ownership is whether the building can be financially viable as a cooperative.  Finally, the amendments provide more flexibility in the timing of training for tenants and for determining the end of the interim evaluation period.

 

Subject: 

Third Party Transfer Program Rule Amendments

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

Leora Jontef
(212) 863-6141

Download Copy of Proposed Rule (.pdf): 

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

Agency:
Comment By: 
Tuesday, October 14, 2014
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. 

The proposed rules amend those criteria to increase the look-back period from three years to five years for violations and paid or unpaid emergency repair charges.  The look-back period is the interval of time in the past during which violations or charges accrued, for the purposes of identifying buildings for participation in the AEP.  The increase would apply beginning in the eighth year of the program.

Distress in a building can be acute or the result of a long period of neglect.  The current look-back period allows HPD to identify buildings experiencing acute or short term distress.  The proposed changes will allow HPD to also include in the AEP buildings experiencing a slow but steady decline in conditions over time. The changes will also increase the cost effectiveness of the AEP by addressing conditions before they become acute and more expensive to correct.  

Subject: 

Amendments to Rules Governing the Alternative Enforcement Program

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

Assistant Commissioner Grace DeFina
DEFINAG@hpd.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

 

The rule implements section 27-2051.1 of the New York City Administrative Code, which requires owners of residential dwellings to post a temporary notice with emergency information in the common area of the building prior to the arrival of a weather emergency, a natural disaster, or after being informed about a utility outage that is expected to last for more than 24 hours.  The sign must be removed after the weather emergency, natural disaster, or utility outage has ended. The law requires that the Department of Housing Preservation and Development publish a template that may be used by residential buildings for this purpose.  The rule provides such a template.

 

 

 

This rule implements recently enacted requirements in section 27-2051.1 of the New York City Administrative Code, with only minor discretion or interpretation by the Department of Housing Preservation and Development.  Pursuant to section 1043(d)(4)(iv) of the City Charter, the analysis required by section 1043(d) of the Charter was not performed. 

 

Effective Date: 
Sat, 05/03/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Real Property Tax Law §421-a provides a real property tax exemption for 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") in order to clarify the requirements for obtaining §421-a benefits in the Greenpoint-Williamsburg Waterfront Exclusion Area, whose boundaries are spelled out in Real Property Tax Law §421-a(6)(a)(ii) . Real Property Tax Law §421-a(6) limits benefits in the Greenpoint-Williamsburg Waterfront Exclusion Area to “covered projects” as defined in Real Property Tax Law §421-a(6)(a)(i) that meet the affordability requirements specified by Real Property Tax Law §421-a(6)(b) (20% of the dwelling units at or below 80% of AMI or 10% at or below 80% AMI plus an additional 15% of the units at or below 125% of AMI). The rule amendment clarifies the requirements for one type of covered project that would be eligible for benefits in this area if it meets the prescribed affordability requirements.  Buildings located on tax lots existing on or after June 21, 2005, the effective date of Real Property Tax Law §421-a(6), can be considered one contiguous development, which constitutes one of the potential types of covered projects, even if their buildings are separated by streets, sidewalks or street intersections, provided that they otherwise would be adjacent for at least ten linear feet. All tax lots apportioned from such tax lots shall be deemed part of one contiguous development.

 

Effective Date: 
Fri, 04/25/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of the Adopted Rule

 

The rule implements amendments to Administrative Code §§ 27-2045 and 27-2046 which require owners of residential dwellings to install smoke detectors in dwelling units.  The amendments require that all smoke detectors installed after the effective date of the law be the type that uses a non-removable, non-replaceable battery that powers the alarm for a minimum of ten years, and which sounds an audible notification at the end of the useful life of the alarm.  The law requires that where a smoke alarm was installed prior to the effective date and the useful life of the alarm is not known, that it be replaced with the newly required model within seven years of the effective date of the law.  The law further permits an owner to collect a maximum of twenty-five dollars, or a maximum of fifty dollars where a combined smoke and carbon monoxide detecting device is installed for the cost of providing and installing each device.  The occupant has one year from the date of the installation to make the reimbursement.

 

Effective Date: 
Sun, 04/06/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, March 6, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The proposed rule implements section 27-2051.1 of the New York City Administrative Code, which requires owners of residential dwellings to post a temporary notice with emergency information in the common area of the building prior to the arrival of a weather emergency, a natural disaster, or after being informed about a utility outage that is expected to last for more than 24 hours.  The sign must be removed after the weather emergency, natural disaster, or utility outage has ended. The law requires that the Department of Housing Preservation and Development publish a template that may be used by residential buildings for this purpose.  The rule provides such a template.

Subject: 

.Temporary Posting of Emergency Information

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

Assistant Commissioner Mario Ferrigno

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, February 25, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The proposed rule implements amendments to Administrative Code §§ 27-2045 and 27-2046 which require owners of residential dwellings to install smoke detectors in dwelling units. The amendments require that all smoke detectors installed after the effective date of the law be the type that uses a non-removable, non-replaceable battery that powers the alarm for a minimum of ten years, and which sounds an audible notification at the end of the useful life of the alarm. The law requires that where a smoke alarm was installed prior to the effective date and the useful life of the alarm is not known, that it be replaced with the newly required model within seven years of the effective date of the law. The law further permits an owner to collect a maximum of twenty-five dollars, or a maximum of fifty dollars where a combined smoke and carbon monoxide detecting device is installed for the cost of providing and installing each device. The occupant has one year from the date of the installation to make the reimbursement.

Subject: 

Amendments to rules requiring installation of smoke detectors

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

Mario Ferrigno 212 863 8617

Download Copy of Proposed Rule (.pdf): 

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