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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 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): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Final J-51 Rule Amendments implementing Chapter 4 of the Laws of 2013 and Local Law No. 48 for 2013.

Effective Date: 
Sun, 12/22/2013

Proposed Rules: Closed to Comments (View Public Comments Received:27)

Agency:
Comment By: 
Saturday, November 30, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

 

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

 

Application Requirements and Procedures

 

  • In addition to the requirement that applicants meet occupancy requirements at the time of application, requires applicants to meet the occupancy requirements at the time an apartment becomes available.

 

  • Limits transferability of applications to spouses and/or children at least eighteen years of age who were on the original application, and limits applicants to one entry per lottery while prohibiting their inclusion in the family composition of another applicant selected in the lottery for a particular development. Multiple entries will result in disqualification from the lottery.

 

  • Advises applicants of the thirty-day time frame within which to appeal a rejection from the housing company to HPD.

 

  • Invalidates advertisements to open waiting lists that do not meet HPD requirements, and requires the housing company to publish a notice in at least two daily newspapers of general circulation that HPD has invalidated an advertisement. Also clarifies the content and posting requirements for waiting lists and prohibits putting someone who claims he or she was erroneously omitted from the waiting list onto such waiting list more than five years after the date of original application.

 

  • Clarifies that veterans who are the applicants of record and are the heads of households, along with their surviving spouses, are entitled to preference in admission.

 

  • Clarifies who is entitled to any refund of any portion of the application fee.

 

  • Authorizes HPD to waive occupancy standards in order to fill vacancies in Mitchell-Lama apartments where there are no available candidates on the applicable waiting list and other requirements for admission, such as income, have been met. Currently, HPD can only waive occupancy standards for medical reasons.

 

Other Proposed Changes

 

  • Eliminates succession rights for nephews, nieces, aunts and uncles, and will only authorize succession where the tenant/cooperator of record has either died or been relocated to a long term care facility. Applications for succession will not be considered unless the family member files an application within ninety days of the tenant/cooperator's death or relocation to a long term care facility. Any proposed successor other than a surviving spouse is required to move to the next available appropriately sized apartment. Under the proposed rule, only family members approved for succession would be allowed to become owners of shares in a mutual housing company development and signatories on the occupancy agreement.

 

  • Increases the secondary wage earner deduction from $15,000 to $20,000 to align HPD's rules with what the State did in 2009 for the State Mitchell-Lama portfolio at 9 NYCRR 1727-2.3(d)(2). Both agencies are authorized to approve a larger secondary wage earner deduction pursuant to PHFL Section 31 (2)(a).

 

  • To reflect rate increases for professional services, increases the maximum total fees payable to professionals hired by tenants associations to review rent increase applications.

 

  • Establishes the procedures for the reconstitution of a Mitchell Lama development as a housing development fund company, including the requirements from the New York State Attorney General's Office and voting procedures.

 

  • Updates the maximum brokerage commission schedules.

 

 

 

RuthAnne Visnauskas, Commissioner

 

October 4, 2013

 

 

Subject: 

Notice of Opportunity to Comment on Proposed Amendments to Rules Governing City-Aided Limited-Profit Housing Companies

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

Julie Walpert
Assistant Commissioner
Department of Housing Preservation and Development
100 Gold Street, Room 7-L2
New York, NY 10038

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, June 21, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

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 proposing amendments to Chapter 6 of Title 28 of the Rules of the City of New York (the "421-a Rules") in order to implement recent amendments to the New York City Zoning Resolution and State law. The proposed amendments also reflect programmatic changes in the requirements for the marketing of affordable units constructed to qualify or extend tax exemption benefits for a new multiple dwelling.

 

 

Tax Exemption for Accessory Parking

 

Real Property Tax Law §421-a limits the exemption available for nonresidential space in new multiple dwellings to 12% of the aggregate floor area of commercial, community facility and accessory use space ("12% Cap"). If the nonresidential space exceeds the 12% Cap, the §421-a tax exemption is reduced accordingly. Accessory parking used by residents that is located up to 23 feet above the curb level does not count toward the 12% Cap and is therefore fully exempt from taxation under §421-a. The City Planning Commission has amended Zoning Resolution § 13-21 to expand the use of accessory off-street parking spaces in the Manhattan Core from residents to the public at large. The proposed rule amendments would amend the definition of "Floor area of commercial, community facilities and accessory use space" to reflect this Zoning Resolution amendment and thereby exclude from the 12% Cap accessory off-street parking spaces in the Manhattan Core that will also be available to the public. Such parking will therefore be eligible for the full §421-a real property tax exemption.

 

Extending Deadline for Exemption from Affordability and AV Cap

 

Under §421-a, a Preliminary Certificate of Eligibility entitles a project to a full real property tax exemption for up to three years of construction, and a Final Certificate of Eligibility entitles a project to between 10-25 years of post-completion exemption benefits that are phased out over the benefit period. Preliminary Certificate of Eligibility applications must be filed after the commencement of construction but prior to completion.

 

·         The Geographic Exclusion Area is a residential zone in the City where both the State legislature and the City Council have determined that there is no need for a tax break to incentivize the construction of housing. In the Geographic Exclusion Area, §421-a benefits are not as-of-right and projects must meet certain affordability requirements in order to receive the §421-a tax exemption ("Affordability Requirements"). If projects in the Geographic Exclusion Area provide affordable units offsite instead of onsite, they may still only receive §421-a benefits for a portion of an apartment’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, the value of the unit above this threshold is fully taxable. The AV Cap applies outside the Geographic Exclusion Area as well to any project that does not receive extended §421-a benefits.

·         Chapter 4 of the Laws of 2013 extended the deadline for filing Preliminary Certificate of Eligibility applications from May 14, 2012, to June 24, 2012, for projects that are seeking exemption from the Affordability Requirements and/or the AV Cap. These projects will not be required to meet the Affordability Requirements and/or the AV Cap if they complete construction within 72 months or are entitled to an extension of the 72-month period due to such factors as extraordinary size and complexity, strikes or labor stoppages, industry-wide shortages of construction materials, substantial damage or mortgage foreclosure proceedings.

·         Projects that are the subject of mortgage foreclosure or other lien enforcement proceedings on or before June 24, 2012, in the Geographic Exclusion Area also will be entitled to these completion parameters in accordance with Chapter 4 of 2013; if met, they, too will not have to meet the Affordability Requirements and/or the AV Cap. The proposed rule amendments reflect this month-long filing extension.

 

Elimination of FAR 15 Prohibition for Certain Projects

 

The City Council enacted a prohibition against granting §421-a benefits in the highest density midtown and downtown zoning districts in 1984 ("FAR 15 Prohibition") in order to guard Manhattan’s remaining manufacturing areas against residential encroachment. In 1993, with the continuing decline in manufacturing in Manhattan, the City Council lifted the FAR 15 Prohibition. The City Council continued to exempt projects from the FAR 15 Prohibition until December 31, 2007. Chapter 4 of the Laws of 2013 lifts the FAR 15 Prohibition for specified projects that meet certain conditions specified in the law. The proposed rule amendment reflects these additional exceptions to the FAR 15 Prohibition.

 

Marketing of Affordable Units

 

  • The proposed rule amendments provide that HPD or another governmental entity must market the affordable units in projects seeking extended 421-a benefits outside of the Geographic Exclusion Area.
  • Inside the Geographic Exclusion Area, the proposed rule amendments provide that HPD also will market those affordable units that are constructed without any governmental assistance.
  • The proposed rule amendments clarify the requirements for owners ‘affidavits submitted with the Final Certificate of Eligibility application for projects within the Geographic Exclusion Area. Even projects marketed by HPD must provide this affidavit.
  • Where affordable units are constructed with governmental assistance from sources other than HPD, the proposed rule amendments provide that owners are obligated to notify such governmental entities of the requirement that residents of the community board be granted priority for the purchase or rental of 50% of the affordable units, unless preempted by federal requirements.
  • All such affidavits must also provide that the community preference requirement will be met upon initial occupancy or that it is preempted by federal requirements specified in the affidavits themselves.

 

 

Subject: 

Opportunity to comment on proposed amendments to rules governing tax exemptions under section 421-a of the Real Property Tax Law of the State of New York.

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

Elaine R. Toribio
TIP Director
100 Gold Street
Room 3-Z1
NY NY 10038
(212) 863-7698

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, October 15, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

Real Property Tax Law §489 ("J-51") authorizes municipalities to enact local laws providing a reduction in real property taxes as an incentive to rehabilitate multiple dwellings. The City of New York has enacted such a local law in Administrative Code §11-243. HPD determines eligibility for J-51 tax benefits and is proposing amendments to Chapter 5 of Title 28 of the Rules of the City of New York (the "J-51 Rules") in order to implement recent amendments to State and local law, Chapter 4 of the Laws of 2013 and Local Law Number 48 of 2013. The proposed amendments also reflect programmatic changes in application requirements.

 

Professional Certification

 

To ensure accuracy and expedite application processing, the proposed rule amendments require submission of an affidavit of a registered architect or licensed professional engineer for purposes of determining the start dates and completion dates for J-51-eligible work in instances where either a Department of Buildings' permit (for start date) or a certificate of occupancy or other Department of Buildings' sign-off (for completion date) are not required by law. These dates are relevant for purposes of meeting both statutory and regulatory filing and work completion deadlines. HPD will retain the discretion to request additional documentation to support such dates, such as owner's affidavits, work contracts, invoices, cancelled checks and contractor's affidavits.

 

The proposed rule amendments also require submission of a Certified Public Accountant certification to verify the cost of J-51 eligible work other than for (a) governmentally-assisted work, for which a disposition of funds statement or HPD Commissioner certification will suffice, or (b) projects eligible to use the short form. The CPA certification will replace the submission of paid bills, cancelled checks, installment agreements and work contracts and thereby expedite the processing time for J-51 applications. However, HPD may still, in its discretion, require this additional documentation.

 

Work and Application Filing and Completion Deadlines

 

The proposed rules implement Chapter 4 of the Laws of 2013 and Local Law Number 48 of 2013 by extending the date by which J-51 work must be completed from December 31, 2011 to June 30, 2015. They also implement these statutory amendments by reducing the time in which J-51-eligible work must be completed from 36 to 30 months following the start of construction. Governmentally-assisted projects or projects of housing development fund companies will still have 60 months to complete the work.

 

The proposed rule amendments reduce the time by which J-51 applications must be filed for most projects from 48 to 36 months following the start of construction. Loft conversions will still have 12 months following completion to file J-51 applications, and HPD will still have the discretion to extend the application filing deadline for governmentally-assisted projects to not later than 72 months following the start of construction.

 

The proposed rule amendments reduce the application completion period from 24 to 12 months after the initial filing date. Coop City, a State Mitchell-Lama development that consists of over 15,000 dwelling units, would now have 24 instead of 36 months to complete a J-51 application.

 

Cooperatives and Condominiums

 

The proposed rule amendments implement the restrictions imposed by Chapter 4 of the Laws of 2013 and Local Law Number 48 of 2013 on benefits for homeownership projects with average assessed values equal to at least $30,000 per dwelling unit.

 

For work completed on or after December 31, 2011, such cooperatives and condominiums will only be eligible if the work was carried out with substantial governmental assistance. Certain homeownership projects, such as Mitchell-Lama mutual companies and Article V mutual redevelopment companies, are exempt from this restriction.

 

Inspections and Inspection Fees

 

The proposed rule amendments clarify the requirement that J-51-eligible work be inspected by HPD prior to issuance of a certificate of eligibility and reasonable cost. They also implement the legislative change authorizing HPD to impose a fee equal to two times the actual cost of inspecting any conversions, alterations or improvements that are claimed in the J-51 application if such work is not completed at the time such inspections take place.

 

Ineligible Conversions

 

The proposed rule amendments implement the restrictions imposed by Chapter 4 of the Laws of 2013 and Local Law Number 48 of 2013 on benefits for conversions from nonresidential to residential buildings. Any such conversion completed on or after December 31, 2011 will only be eligible for J-51 benefits if the work was carried out with substantial governmental assistance.

 

Certified Reasonable Cost Schedule

 

The proposed rule amendments implement an updated schedule for Certified Reasonable Costs for projects that complete construction on or after December 31, 2011. Rental units, which become rent stabilized due to receipt of J-51 benefits, and affordable homeownership units, will get an adjusted cost schedule to reflect their commitment to affordability as well as cost adjustments since the last time the schedule was updated. This increase is being funded by the reduction in benefits to market rate cooperatives and condominiums as well as the elimination of certain items of work from the cost schedule.

 

DOB Forms

 

The proposed rule amendments reflect the form change names by the Department of Buildings for electrical inspections.

 

Definitions

 

The proposed rule amendments capitalize defined terms utilized in the J-51 Rules.

 

 

Subject: 

Notice of Opportunity to Comment on Proposed Amendments to Rules governing tax exemptions under 489 of the Real Property Tax Law of the State of New York.

Location: 
Department of Housing Preservation and Development
100 Gold Street, Eighth Floor, Room 8-811
New York, NY 10038
Contact: 

Elaine R. Toribio
TIP Director
100 Gold Street
Room 8-D09
New York, N.Y. 10038
(212) 863-7698

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

 

Pursuant to §§ 1043 and 2903 (b) of the New York City Charter, the Commissioner of Transportation is authorized to promulgate rules regarding maintenance of public roads, streets, highways, parkways, bridges and tunnels.

 

In 1993, the Greenway Plan for New York City laid out a vision for a network of landscaped bicycle and pedestrian paths connecting the City’s residential and commercial neighborhoods to parklands and waterfront areas, providing new recreational and non-motorized transportation opportunities.  Since then, in furtherance of these efforts, DOT has worked with other City, State, and Federal agencies and community groups to reexamine use of the public right of way, identify greenway routes and develop projects to transform City streets into safe, accessible, and green corridors for pedestrians and cyclists. New York City’s greenways feature improvements such as protected pedestrian paths, bicycle lanes, curb extensions, landscaping, and wayfinding signs. They provide improved access to parks and other public spaces, offer expanded opportunities for recreation and enhance transportation options.

 

The Department of Transportation is creating an Adopt-a-Greenway Program, to offer civic- minded individuals, groups, and companies an opportunity to enhance the City's greenways by adoptingsegments of the greenways and adjacent areas. Through this program, volunteers and sponsors will provide certain maintenance and beautification services along the City's greenways.  Signs will be placed at the beginning of the “adopted” segments to acknowledge the volunteers and sponsors.  These maintenance services and beautification projects will help enhance and maintain the quality of life for local residents and businesses along the greenways.

(1)  This rule establishes the Adopt-a-Greenway Program. Specifically, the rule:

(2)  describes how the Department will administer and coordinate the provision of maintenance services by volunteers and sponsors in order to reduce litter and graffiti, and to provide necessary tree trimming, sweeping, mowing, planting of flowers or trees, snow removal, and other landscape maintenance along designated greenway routes within the City;

(3)  delineates the application and permitting process for individuals to adopt segments of the greenway;

(4)  details the signs installed to identify those volunteers or sponsors performing such activities on particular segments of the City’s greenways;

(5)  describes the general requirements for participants in the Adopt-a-Greenway Program, including qualifications, agreements, permits, levels of service of adopted segments, insurance and indemnification requirements, safety, and signage.

 

 

Effective Date: 
Sat, 06/29/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

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 adopting amendments to Chapter 6 of Title 28 of the Rules of the City of New York (the "421-a Rules") in order to implement recent amendments to the New York City Zoning Resolution and State law. The amendments also reflect programmatic changes in the requirements for the marketing of affordable units constructed to qualify or extend tax exemption benefits for a new multiple dwelling.

 

Tax Exemption for Accessory Parking

 

Real Property Tax Law §421-a limits the exemption available for nonresidential space in new multiple dwellings to 12% of the aggregate floor area of commercial, community facility and accessory use space ("12% Cap"). If the nonresidential space exceeds the 12% Cap, the §421-a tax exemption is reduced accordingly. Accessory parking used by residents that is located up to 23 feet above the curb level does not count toward the 12% Cap and is therefore fully exempt from taxation under §421-a. The City Planning Commission has amended Zoning Resolution §13-21 to expand the use of accessory off-street parking spaces in the Manhattan Core from residents to the public at large. The rule amendments amend the definition of "Floor area of commercial, community facilities and accessory use space" to reflect this Zoning Resolution amendment and thereby exclude from the 12% Cap accessory off-street parking spaces in the Manhattan Core that will also be available to the public. Such parking will therefore be eligible for the full §421-a real property tax exemption.

 

Extending Deadline for Exemption from Affordability and AV Cap

 

Under §421-a, a Preliminary Certificate of Eligibility entitles a project to a full real property tax exemption for up to three years of construction, and a Final Certificate of Eligibility entitles a project to between 10-25 years of post-completion exemption benefits that are phased out over the benefit period. Preliminary Certificate of Eligibility applications must be filed after the commencement of construction but prior to completion.

 

  • The Geographic Exclusion Area is a residential zone in the City where both the State legislature and the City Council have determined that there is no need for a tax break to incentivize the construction of housing. In the Geographic Exclusion Area, §421-a benefits are not as-of-right and projects must meet certain affordability requirements in order to receive the §421-a tax exemption ("Affordability Requirements"). If projects in the Geographic Exclusion Area provide affordable units offsite instead of onsite, they may still only receive §421-a benefits for a portion of an apartment'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, the value of the unit above this threshold is fully taxable. The AV Cap applies outside the Geographic Exclusion Area as well to any project that does not receive extended §421-a benefits.
  • Chapter 4 of the Laws of 2013 extended the deadline for filing Preliminary Certificate of Eligibility applications from May 14, 2012, to June 24, 2012, for projects that are seeking exemption from the Affordability Requirements and/or the AV Cap. These projects will not be required to meet the Affordability Requirements and/or the AV Cap if they complete construction within 72 months or are entitled to an extension of the 72-month period due to such factors as extraordinary size and complexity, strikes or labor stoppages, industry-wide shortages of construction materials, substantial damage or mortgage foreclosure proceedings.
  • Projects that are the subject of mortgage foreclosure or other lien enforcement proceedings on or before June 24, 2012, in the Geographic Exclusion Area also will be entitled to these completion parameters in accordance with Chapter 4 of 2013; if met, they, too will not have to meet the Affordability Requirements and/or the AV Cap. The rule amendments reflect this month-long filing extension.

 

Elimination of FAR 15 Prohibition for Certain Projects

 

The City Council enacted a prohibition against granting §421-a benefits in the highest density midtown and downtown zoning districts in 1984 ("FAR 15 Prohibition") in order to guard Manhattan's remaining manufacturing areas against residential encroachment. In 1993, with the continuing decline in manufacturing in Manhattan, the City Council lifted the FAR 15 Prohibition. The City Council continued to exempt projects from the FAR 15 Prohibition until December 31, 2007. Chapter 4 of the Laws of 2013 lifts the FAR 15 Prohibition for specified projects that meet certain conditions specified in the law. The rule amendment reflects these additional exceptions to the FAR 15 Prohibition.

 

Marketing of Affordable Units

 

  • The rule amendments provide that HPD or another governmental entity must market the affordable units in projects seeking extended 421-a benefits outside of the Geographic Exclusion Area.
  • Inside the Geographic Exclusion Area, the rule amendments provide that HPD also will market those affordable units that are constructed without any governmental assistance.
  • The rule amendments clarify the requirements for owners' affidavits submitted with the Final Certificate of Eligibility application for projects within the Geographic Exclusion Area. Even projects marketed by HPD must provide this affidavit.
  • Where affordable units are constructed with governmental assistance from sources other than HPD, the rule amendments provide that owners are obligated to notify such governmental entities of the requirement that residents of the community board be granted priority for the purchase or rental of 50% of the affordable units, unless preempted by federal requirements.
  • All such affidavits must also provide that the community preference requirement will be met upon initial occupancy or that it is preempted by federal requirements specified in the affidavits themselves.

 

 

Effective Date: 
Sun, 07/28/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, October 4, 2013
Proposed Rules Content: 

 

 

 

Statement of Basis and Purpose of Proposed Rule

 

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 proposing amendments to 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 proposed 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. Such covered projects can be considered one contiguous development even if their buildings are separated by streets or street intersections provided that they otherwise would be adjacent for at least ten linear feet.

 

 

Subject: 

Notice of Opportunity to Comment on Proposed Amendments to Rules governing tax exemptions under §421-a of the Real Property Tax Law of the State of New York.

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

Elaine R. Toribio
TIP Director
100 Gold Street
Room 8-DO9
New York, NY 10038
(212( 863-7698

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