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Codified Title: 
Title 43: Mayor

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Friday, January 5, 2018
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 

      The Mayor’s Office of Media and Entertainment (“MOME”), which includes the Office of Film, Theatre and Broadcasting, supports various media and entertainment industries in New York City.  Since its creation over 40 years ago, thousands of television shows, feature films, commercials, music videos, documentaries, print ad campaigns and theatrical projects have been made in New York City, the entertainment capital of the world. The local entertainment production industry contributes nearly $9 billion a year to the City’s economy and employs over 130,000 New Yorkers.  A primary goal of MOME is to both support and grow this dynamic local industry. The “Made in NY” branding initiative was created as part of this goal, and includes the logo and credit attribution by production companies in their final filming products.

 

In 2013, the "Made in NY" Marketing Credit Program (“the Program”) was formally established by rule. The Program offers to "Made in NY" film and television productions a number of opportunities to promote their project in New York City, the top media market in the country.  The Marketing Credit Program offers eligible "Made in NY" productions marketing opportunities at various media outlets, including bus stops and City-owned television stations. The amount of media advertising to eligible productions is based on certain production costs as defined in the current rule. 

 

To receive the marketing credit, Program participants must financially contribute a “Cultural Benefit,” which is a financial donation given to a non-profit entity that has been chosen by the production and approved by the New York City Department of Cultural Affairs (DCLA).  The total cost of the monetary contribution is determined by certain production costs as defined in the current rule.  Donations provided under this rule support theatrical, film, writing and other local art institutions that nurture upcoming talent and strengthen the City's creative community. 

 

Because the Program recognizes that the "Made in NY" logo has become a mark of distinction in the industry as well as among New Yorkers, the current rule requires that the logo be included in all media used by the marketing credit recipients. By featuring the logo graphic in the media, projects both promote that they were shot in New York City and showcase MOME’s and the City’s efforts as a production center.


            Based on its years of experience administering the Program, MOME proposes to amend the rules governing this program.  The proposed amendments add or revise definitions to reflect program changes and current operating practices, and update definitions and clarify terms to ensure that program participants understand all program requirements.

Specifically, the proposed rules would:

  • Expand the list of organizations eligible for the Cultural Benefit
  • Rename the Cultural Benefit as “Community Benefit” to reflect the composition of the expanded list
  • Revise the timing requirement of payment of the Community Benefit to occur after completion of the media campaign
  • Expand the list of cultural institutions identified by DCLA to include non-profit organizations with proposals for program funding on a Participatory Budgeting (PB) New York City ballot. The PB process allows members of the community to decide on the allocation of budgets set aside by local elected officials.
  • Add a new definition of “end credit requirements”
  • Add a requirement regarding the authorized applicant’s intention to comply with end credit requirements
  • Amend the definition of “qualified film” by eliminating “television pilots” from the type of productions that qualify to participate in the Program (because television pilots do not qualify unless they are part of a television series, which is already included in the definition)
  • Require that “qualified films” have production costs of at least $400,000 to ensure that the productions in the Program are generating economic activity for the City
  • Require that “qualified films” distributed exclusively over the Internet must be distributed through a paid subscription-based service in order to distinguish between professionally produced projects and amateur videos   
  • Amend the definitions of “television film”, “television special” and “television series” to clarify that they also include productions intended for distribution through the Internet
  • Repeal the definition of “television pilot” because television pilots are not distributed as stand-alone projects and would therefore not be eligible for the marketing credit
  • Revise the application process to limit to once per year the number of times that someone can apply for marketing credit and require that applications for themarketing credit be received at least 60 days prior to the release date of the qualified film, thus simplifying the allocation of the marketing credit to a “first come, first served” basis
  • Clarify that when a marketing credit recipient may need to change its release date, their marketing credit would be reallocated based on availability and may not be guaranteed
  • Clarify the meaning of “qualified production costs” as related to (1) eligibility for the credit, (2) the obligation to assume printing costs in connection with the media campaign, and (3) the consequences of a marketing credit recipient’s failure to pay the Community Benefit, and
  • Clarify the terminology used regarding entities participating in the marketing credit program (i.e., “authorized applicant” and “marketing credit recipient”)
Subject: 

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Location: 
Film Office 6th Floor
1697 Broadway
New York, NY 10019.
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Mayor’s Office of Special Enforcement

NOTICE OF ADOPTION OF FINAL RULES GOVERNING UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES

NOTICE IS HEREBY GIVEN in accordance with the requirements of section 1043 of the New York City Charter and exercising the authority vested in the Mayor’s Office of Special Enforcement (“MOSE”) by Section 1043 of the New York City Charter and chapter 396 of the Laws of 2016 (section 27-287.1 of the Administrative Code of the City of New York) MOSE adopts the following rules governing unlawful advertisement for certain occupancies.  OSE published a Notice of Opportunity to Comment on the proposed rules in the City Record on November 18, 2016.  On December 19, 2016, OSE held a public hearing on the proposed rules.


Statement of Basis and Purpose of Rule

Chapter 396 of the Laws of 2016, enacted on October 21, 2016, establishes two new provisions of law: section 212 of the New York State Multiple Dwellings Law, and section 27-287.1 of the Administrative Code of the City of New York (the City’s Building Code).  Both provisions prohibit the advertising of dwelling units in a Class A multiple dwelling, as defined in the Multiple Dwelling Law, for any purpose or use other than permanent residential occupancy. This prohibition applies to all forms of advertising, including electronic and printed materials, television, and radio.  The statute specifies that it is to be enforced in New York City by the Mayor’s Office of Special Enforcement.

The purpose of this rule is to implement chapter 396 of the Laws of 2016 by specifying the penalties for violation of the statutory prohibition. Persons found to have violated the prohibition will be fined $1,000 for the first violation, $5,000 for the second violation and $7,500 for the third and subsequent violations.  Like all violations of the City’s Building Code, notices of violation relating to the new prohibition will be returnable at the Environmental Control Board within the Office of Administrative Trials and Hearings.

The authority of the Mayor’s Office of Special Enforcement for these rules is found in section 1043 of the New York City Charter and section 27-287.1 of the New York City Administrative Code.

Effective Date: 
Mon, 01/30/2017

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

Agency:
Comment By: 
Monday, December 19, 2016
Proposed Rules Content: 

 Statement of Basis and Purpose of Proposed Rule

Chapter 396 of the Laws of 2016, enacted on October 21, 2016, establishes two new provisions of law: section 212 of the New York State Multiple Dwellings Law, and section 27-287.1 of the Administrative Code of the City of New York (the City’s Building Code). Both provisions prohibit the advertising of dwelling units in a Class A multiple dwelling, as defined in the Multiple Dwelling Law, for any purpose or use other than permanent residential occupancy. This prohibition applies to all forms of advertising, including electronic and printed materials, television, and radio. The statute specifies that it is to be enforced in New York City by the Mayor’s Office of Special Enforcement.

The purpose of this proposed rule is to implement chapter 396 of the Laws of 2016 by specifying the penalties for violation of the statutory prohibition. Persons found to have violated the prohibition will be fined $1,000 for the first violation, $5,000 for the second violation and $7,500 for the third and subsequent violations. Like all violations of the City’s Building Code, notices of violation relating to the new prohibition will be returnable at the Environmental Control Board.

The authority of the Mayor’s Office of Special Enforcement for these rules is found in section 1043 of the New York City Charter and section 27-287.1 of the New York City Administrative Code.

Subject: 

Prohibited Advertising of Certain Dwelling Units

Location: 
Spector Hall on the ground level
22 Reade Street
New York, NY 10007

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

Agency:
Comment By: 
Tuesday, November 1, 2016
Proposed Rules Content: 

 STATEMENT OF BASIS AND PURPOSE

In conjunction with rulemaking conducted by the Department of Citywide Administrative Services (DCAS), the Mayor’s Office is proposing to revise the process by which certain deed restrictions are modified or removed by the City of New York.

 Deed restrictions are covenants that limit the uses of property.  DCAS and other City agencies have imposed deed restrictions on thousands of properties throughout the City, both through the process by which City-owned properties are sold and also through the Uniform Land Use Review Procedure.

These rules will add new layers of review regarding proposed amendments to certain deed restrictions.  A committee composed of officials from the Mayor’s Office, Office of Management and Budget, and Office of the Corporation Counsel will review each proposed modification or removal of a deed restriction recommended for approval by DCAS before the proposed modification or removal is presented to the public and to the Mayor.  The committee shall also determine the amount of any consideration required in connection with such proposed modification or removal. Requests for modification or removal presented to the committee for approval must also be approved by the Mayor to take effect.  In addition, proposed modifications or removals of deed restrictions submitted to the Department of Housing Preservation and Development will be reviewed for approval by the Mayor or a Deputy Mayor who oversees housing and/or economic development.

The Mayor’s Office’s authority for this rule is found in Section 1043 of the New York City Charter.

 

Subject: 

Procedure for Modification of Deed Restrictions

Location: 
125 Worth Street (2nd Floor)
New York, NY 10013