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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Regulations

Various state and local laws vest the New York City Comptroller with authority to set prevailing wage and supplement rates and to enforce prevailing wage and living wage laws by conducting investigations and hearings and issuing reports with recommendations or orders, depending on the provisions of the various laws.  Over the years, as additional authority has been given to the Comptroller in this regard, it has become necessary and appropriate to update the Comptroller’s procedural rules. The laws that vest authority in the Comptroller are detailed below.

·       New York state labor law article eight requires payment of prevailing wages and supplements to construction workers on New York city public works projects.

·       New York state labor law article nine requires payment of prevailing wages and supplements to building service employees on building service contracts with city agencies.

·       New York state real property tax law sections 421-a (8), (16)(h), and 17(g) require payment of prevailing wages and supplements to building service employees in certain buildings that receive real estate tax exemptions under that law. New York state real property tax law section 421-a (16)(c) requires payment of an average minimum hourly wage to construction workers on certain projects that are entitled to real estate tax exemptions under that law. 

·       New York city administrative code section 6-109 requires payment of prevailing wages and supplements to workers on certain service contracts with city agencies and requires payment of living wages and supplements to workers on certain service contracts with city agencies.

·       New York city administrative code section 19-142 requires payment of prevailing wages and supplements to workers on New York city street excavations.

These regulations set forth a clear and uniform procedure for setting prevailing wage and supplement rates, conducting investigations and hearings and issuing recommendations or orders in cases brought under the above-mentioned laws. The comprehensiveness of the rules provides enhanced guidance to employers, employees, and building owners covered by these laws.

Section 1 amends the heading of chapter 2 of title 44 of the rules of the city of New York to clarify that the rules are inclusive of Comptroller activity under various prevailing wage laws, in addition to the labor law.

Section 2 amends section 2-01 of chapter 2 of title 44 to expand the description of applicable prevailing wage laws.  Section 3 repeals and replaces section 2-02 of chapter 2 of title 44 to address the need for definitions of additional terms.

Section 4 repeals and replaces section 2-03 of chapter 2 of title 44 to set forth the Comptroller’s procedures for determining Prevailing Wage and Supplements and how the determinations may be challenged.

Section 5 repeals and replaces section 2-04 of chapter 2 of title 44 to explain the extent of the obligation to pay prevailing wages and supplements, and record-keeping mandates for covered employers.

Section 6 repeals and replaces section 2-05 of chapter 2 of title 44 to explain how prevailing wage compliance investigations of covered employers are commenced, the look-back period, and the process and resolution of such investigations. The new section 2-05 now includes the parameters for penalties that may be assessed in a settlement with a covered employer in which the violation was committed by a subcontractor.

Section 7 amends chapter 2 of title 44 to add a new section 2-06 regarding prevailing wage hearings, and the interactions between the Comptroller, other agencies, and the office of administrative trials and hearings.

Section 8 renumbers chapters 3 and 4 of title 44, and adds a new heading for a new chapter 3 regarding the Comptroller’s procedure for enforcing living wage and minimum average hourly wage laws.

Section 9 adds a new section 3-01 of chapter 3 of title 44 to describe the applicable living wage and minimum average hourly wage laws.  Section 10 adds a new section 3-02 of chapter 3 of title 44 to define additional terms.

Section 11 adds a new section 3-03 of chapter 3 of title 44 to explain which records covered employers and independent monitors must maintain and provide to the Comptroller.  Section 12 adds a new section 3-04 of chapter 3 of title 44 to explain how living wage and minimum average hourly wage compliance investigations of covered employers are commenced, the look-back period, and the process and resolution of such investigations.

Section 13 adds a new section 3-05 of chapter 3 of title 44 to describe living wage and minimum average hourly wage hearings, and the interactions between the Comptroller, other agencies, and the office of administrative trials and hearings.

Effective Date: 
Sun, 07/29/2018

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, July 24, 2018
Proposed Rules Content: 

HPD’s proposed rule would exempt motels and tourist cabins from the Real Property Tax Law Section 421a(16) replacement ratio requirement so that if there was a motel or tourist cabin on the eligible site three years prior to the commencement date, the motel rooms or tourist cabins that were demolished, removed or reconfigured would not each have to be replaced with an affordable housing unit.

Subject: 

Real Property Tax Law Section 421-a(16) Replacement Ratio Requirement

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

Meilan Chiu, Director of Operations and Policy Analysis, 100 Gold Street, Room 9Z-2, New York, New York 10038

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Final Amendments to Rules Governing the 421-a Extended Affordability Program

Effective Date: 
Thu, 05/03/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, March 20, 2018
Proposed Rules Content: 

New York State Real Property Tax Law § 421-a(17) provides provides that HPD may establish requirements for monitoring compliance with the statutory affordability requirements. HPD established such requirements in Chapter 49 of Title 28 of the Rules of the City of New York, including a provision for a “Marketing Monitor” that would be responsible for monitoring compliance with the Extended Affordability Program requirements relating to the leasing, subleasing, and occupancy of Affordable Housing Units. HPD is proposing an amendment to the definition of “Marketing Monitor” in the 421-a Extended Affordability Program Rules that would eliminate the payment requirement and authorize the use of in-house as well as third-party marketing monitors. This amendment is being proposed because many projects use in-house marketing agents, and the amendment would conform the Extended Affordability Program Rules to the recently adopted HPD rules for the Affordable New York Housing Program under Subdivision 16 of Real Property Tax Law §421-a. The amendment
would also clarify HPD’s practices concerning the marketing guidelines by which Affordable Housing Units must be leased and the verification of eligibility for tenancy of Affordable Housing Units. Furthermore, since these rules were originally adopted, HPD has created a form for the Monitoring Contract that can be executed and submitted with the application. The proposed rule amendments would also clarify other language in the existing rules to more precisely reflect HPD practices.

Subject: 

Proposed Updates to 421-a Extended Affordability Program Rules.

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

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

HPD’s amendment reflects the Comptroller’s enforcement authority under subdivision 17 of Real Property Tax Law Section 421-a for prevailing wage requirements for building service workers.

Effective Date: 
Thu, 03/08/2018

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

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

Statement of Basis and Purpose of Proposed Regulations

Various state and local laws vest the New York City Comptroller with authority to set prevailing wage and supplement rates, and to enforce the provisions of the above-mentioned laws by conducting investigations, issuing reports with recommendations or orders, in various situations. Over the years, as additional authority has been given to the Comptroller in this regard, it has become necessary and appropriate to update the Comptroller’s procedural rules. The laws that vest authority in the Comptroller are detailed below.

  • New York state labor law article eight requires payment of prevailing wages and supplements to construction workers on New York city public works projects.
  • New York state labor law article nine requires payment of prevailing wages and supplements to building service employees on building service contracts with city agencies. 
  • New York state real property tax law sections 421-a (8), (16)(h), and 17(g) require payment of prevailing wages to building service employees in certain buildings that receive real estate tax exemptions under that law. New York state real property tax law section 421-a (16)(c) requires payment of an average minimum hourly wage to construction workers on certain projects that are entitled to real estate tax exemptions under that law.
  • New York city administrative code section 6-109 requires payment of prevailing wages and supplements to workers on certain service contracts with city agencies and requires payment of living wages and supplements to workers on certain service contracts with city agencies.
  • New York city administrative code section 19-142 requires payment of prevailing wages and supplements to workers on New York city street excavations.

These proposed regulations set forth a clear and cohesive procedure for setting prevailing wage and supplement rates, and investigating and issuing recommendations or orders in cases brought under the above-mentioned laws. The comprehensiveness of the rules provides enhanced guidance to employers, employees, and building owners covered by these laws.

Section 1 amends the heading of chapter 2 of title 44 of the rules of the city of New York to clarify that the rules are inclusive of Comptroller activity under various laws, and not limited to labor law. Section 2 amends section 2-01 of chapter 2 of title 44 to expand the description of applicable laws.

Section 3 repeals and replaces section 2-02 of chapter 2 of title 44 to address the need for definitions of additional terms. Section 4 repeals and replaces section 2-03 of chapter 2 of title 44 to set forth the Comptroller’s procedures for determining Prevailing Wage and Supplements and how the determinations may be challenged.

Section 5 repeals and replaces section 2-04 of chapter 2 of title 44 to explain the extent of the obligation to pay prevailing wages and supplements, and record-keeping mandates for covered employers.

Section 6 repeals and replaces section 2-05 of chapter 2 of title 44 to explain how compliance investigations of covered employers are commenced, the look-back period, and the process and resolution of such investigations. The new section 2-05 now includes the parameters for penalties that may be assessed in a settlement with a covered employer in which the violation was committed by a subcontractor.

Section 7 amends chapter 2 of title 44 to add a new section 2-06 which describes the rules for hearings, and the interactions between the Comptroller, other agencies, and the office of administrative trials and hearings.

Subject: 

.

Location: 
David N. Dinkins Municipal Building, Room 1117D
One Centre Street
New York, NY 10007
Contact: 

Constantine P. Kokkoris

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The rule amendment would prohibit affordable inclusionary housing units generating zoning bonuses for multiple dwellings on different zoning lots from qualifying a multiple dwelling in the Geographic Exclusion Area that commenced construction on or before December 31, 2015 for 421-a benefits. This restriction would not apply if the affordable inclusionary housing units are in a development involving several zoning lots reviewed and approved as a single unit pursuant to the Zoning Resolution.

Effective Date: 
Fri, 12/29/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, November 13, 2017
Proposed Rules Content: 

The proposed rule amendment would prohibit affordable inclusionary housing units generating zoning bonuses for multiple dwellings on different zoning lots from qualifying a multiple dwelling in the Geographic Exclusion Area that commenced construction on or before December 31, 2015 for 421-a benefits. This restriction would not apply if the affordable inclusionary housing units are in a development involving several zoning lots reviewed and approved as a single unit pursuant to the Zoning Resolution.

Subject: 

.

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

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The rule amendments to Chapter 41 of Title 28 of the Rules of the City of New York (the "Inclusionary Housing Rules") would limit the zoning bonus generated by 421-a affordable units to usage on the same zoning lot as the building containing the 421-a affordable units or buildings on a development site on which the affordable housing units are located where the development site includes two or more zoning lots that were reviewed and approved as a single unit pursuant to the New York City Zoning Resolution.

Effective Date: 
Fri, 10/13/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The adopted rule amendment gives HPD retroactive authority to exempt projects that already have a 421-a Preliminary Certificate of Eligibility and are receiving benefits from the 421-a Final Certificate of Eligibility application filing deadline.

Effective Date: 
Wed, 07/19/2017

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