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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 of 2015 amended Section 24-146 of the Administrative Code, which provides for the issuance of an abatement order when it is found that work is being performed in violation of the provisions of Section 24-146.

DEP is adopting these rules, as required by Section 24-146(f)(5)(iii), to establish a procedure for requesting a hearing to appeal a written abatement order as a new Chapter 45 of title 15 of the Rules of the City of New York (RCNY).

DEP is also amending Chapter 32 of title 15 of the Rules to add the hearing for appeal of written abatement orders provided for in the new Chapter 45 to the list of adjudicatory hearings that can be conducted by DEP.

In addition, Chapter 32 is being amended to simplify complex legal references and to update obsolete references, including the repeal of subdivisions (f), (g) and (h) of 15 RCNY §32-01. Subdivision (f) is being repealed because the reference to noise sensitive zones in Administrative Code § 24-229(b) was repealed as part of the revision to the Noise Pollution Control Code by Local Law 113 of 2005. Subdivision (g) is being repealed because the reference to Environmental Ratings in Administrative Code § 24-154(b) was repealed as part of the revision to the Air Pollution Control Code by Local Law 38 of 2015. Subdivision (h) is being repealed because the reference to “approved noise consultants” incorrectly referenced the Air Pollution Code, and the process to appeal a revocation as a noise consultant is already set forth accurately in 15 RCNY § 32-01(b). Finally, this rule would allow parties in Department hearings to select the option of e-mail notification of the Department’s final determination.

The Rule is authorized by Section 1043 of the Charter and sections 24-105 and 24-146 of the Administrative Code.

Effective Date: 
Mon, 03/06/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 18, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law Number 38 of 2015 amended Section 24-146 of the Administrative Code, which provides for the issuance of an abatement order when it is found that work is being performed in violation of the provisions of Section 24-146.

DEP is proposing these rules, as required by Section 24-146(f)(5)(iii), to establish a procedure for requesting a hearing to appeal a written abatement order as a new Chapter 45 of title 15 of the Rules of the City of New York (RCNY).

DEP is also amending Chapter 32 of title 15 of the Rules to add the hearing for appeal of written abatement orders provided for in the new Chapter 45 to the list of adjudicatory hearings that can be conducted by DEP.

In addition, Chapter 32 is being amended to simplify complex legal references and to update obsolete references, including the repeal of subdivisions (f), (g) and (h) of 15 RCNY §32-01. Subdivision (f) is being repealed because the reference to noise sensitive zones in Administrative Code § 24-229(b) was repealed as part of the revision to the Noise Pollution Control Code by Local Law 113 of 2005. Subdivision (g) is being repealed because the reference to Environmental Ratings in Administrative Code § 24-154(b) was repealed as part of the revision to the Air Pollution Control Code by Local Law 38 of 2015. Subdivision (h) is being repealed because the reference to “approved noise consultants” incorrectly referenced the Air Pollution Code, and the process to appeal a revocation as a noise consultant is already set forth accurately in 15 RCNY § 32-01(b). Finally, this rule would allow parties in Department hearings to select the option of e-mail notification of the Department’s final determination.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 45 and 15 RCNY Chapter 32.

The Rule is authorized by Section 1043 of the Charter and sections 24-105 and 24-146 of the Administrative Code.

Subject: 

Appeal of Abatement Orders

Location: 
NYC DEP 8th Floor Conference Room
59-17 Junction Blvd. 8th Floor Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, May 14, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

Originating from input from applicants and other parties affected by the existing laws and rules relating to property tax abatements for the installation of green roofs, with the assistance of the New York City Department of Environmental Protection (DEP), New York State has amended Title 4-B of Article 4 of the NYS Real Property Tax Law.

Therefore, in conjunction with DEP, the Department of Buildings is proposing to amend this rule in order to coincide with relevant amendments made to the revised state law.

Such proposed amendment to the rule will expand the definition of “vegetation layer” to include “native plant species, and/or agricultural plant species”. This amendment would allow rooftop farms to qualify for the abatement, as they provide similar stormwater management benefits as other green roofs, while bringing the added benefit of providing local produce to New York City residents.

 

 

Subject: 

.

Location: 
Department of Buildings
280 Broadway, 3rd floor
New York, NY 10007
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

BASIS AND PURPOSE OF PROPOSED RULES

 

 

Section 467-a of the Real Property Tax Law, originally enacted by chapter 273 of the Laws of 1996, established a partial reduction of real property taxes in the form of an abatement for qualifying real property held in the cooperative or condominium form of ownership. Chapter 4 of the Laws of 2013 amended this section to establish additional criteria for eligibility and requirements for abatement applications for fiscal years beginning in 2012, 2013 and 2014.

 

These proposed rules clarify the eligibility criteria and application requirements by providing:

 

       an explanation of the abatement amount calculation

 

       abatement application requirements for fiscal years beginning in 2012, 2013 and 2014, and the circumstances in which no application is required for the fiscal year beginning in 2012;

 

       that the Commissioner of Finance may require a supplemental application to gather additional information from a cooperative or condominium unit owner to determine eligibility;

 

       clarification of the definition of primary residence and the enhanced abatement available to a unit owner if one of the owner’s units is the owner’s primary residence;

 

       that units in a cooperative or condominium that are receiving an exemption or abatement from another section of law are ineligible for the abatement, and the exceptions to this rule;

 

       clarification of the eligibility requirement that a unit owner own no more than three units in the same development;

 

       that if the Commissioner of Finance determines that the unit was transferred primarily for the purpose of receiving the abatement, then the abatement application will be denied and the abatement already granted will be revoked;

 

       that if the property is in arrears of real property taxes or other City charges that total at least $1,000, then an abatement application will be denied, and an abatement already granted will be revoked; and

 

       that the Commissioner of Finance may recover any erroneous or excessive abatement that is granted.

 

Effective Date: 
Thu, 10/03/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 2, 2013
Proposed Rules Content: 

 

 

BASIS AND PURPOSE OF PROPOSED RULES

 

 

Section 467-a of the Real Property Tax Law, originally enacted by chapter 273 of the Laws of 1996, established a partial reduction of real property taxes in the form of an abatement for qualifying real property held in the cooperative or condominium form of ownership. Chapter 4 of the Laws of 2013 amended this section to establish additional criteria for eligibility and requirements for abatement applications for fiscal years beginning in 2012, 2013 and 2014.

 

These proposed rules clarify the eligibility criteria and application requirements by providing:

 

       an explanation of the abatement amount calculation

 

       abatement application requirements for fiscal years beginning in 2012, 2013 and 2014, and the circumstances in which no application is required for the fiscal year beginning in 2012;

 

       that the Commissioner of Finance may require a supplemental application to gather additional information from a cooperative or condominium unit owner to determine eligibility;

 

       clarification of the definition of primary residence and the enhanced abatement available to a unit owner if one of the owner’s units is the owner’s primary residence;

 

       that units in a cooperative or condominium that are receiving an exemption or abatement from another section of law are ineligible for the abatement, and the exceptions to this rule;

 

       clarification of the eligibility requirement that a unit owner own no more than three units in the same development;

 

       that if the Commissioner of Finance determines that the unit was transferred primarily for the purpose of receiving the abatement, then the abatement application will be denied and the abatement already granted will be revoked;

 

       that if the property is in arrears of real property taxes or other City charges that total at least $1,000, then an abatement application will be denied, and an abatement already granted will be revoked; and

 

       that the Commissioner of Finance may recover any erroneous or excessive abatement that is granted.

 

 

Subject: 

Opportunity to comment on proposed rules relating to the partial tax abatement for residential real property held in the cooperative or condominium form of ownership

Location: 
345 Adams Street, 3rd floor
Brooklyn, NY 11201
Contact: 

Beth Goldman
Deputy Commissioner for Legal Affairs
345 Adams Street, 3rd Floor, Brooklyn, New York 11201
GoldmanBeth@Finance.nyc.gov