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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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, January 23, 2018
Proposed Rules Content: 

Statement of Basis and Purpose

Section 421-a of the Real Property Tax Law (RPTL) provides real property tax exemptions for eligible new multiple dwellings. In New York City, HPD determines eligibility for these exemptions and is responsible for ensuring that applicants for the exemption comply with eligibility requirements, including the requirement that the applicant’s building service employees receive a prevailing wage.

Chapter 20 of the Laws of 2015, which took effect on June 15, 2015, adopted a new extended benefit available to multiple dwellings that commenced construction prior to July 1, 2008, and that had been granted either 25 or 20 years of Section 421-a benefits prior to June 15, 2015, for making at least 20% of their dwelling units affordable to persons or families of low income. This extended benefit, provided in subdivision 17 of RPTL Section 421-a, authorizes a 50% exemption from real property taxation for either an additional 10 or 15 years. Those properties that had been granted 25 years of benefit are eligible for an additional 10 years; those that had been granted 20 years of benefit are eligible for an additional 15 years. To get this additional benefit, all residential tax lots in such multiple dwellings must be operated as rentals. They also must maintain the affordability of the original affordable units at the levels originally required (typically 80% of Area Median Income (“AMI”)), as well as restricting an additional 5% of their dwelling units to be affordable to individuals or families whose household income is at or below 130% of AMI.

The extended benefit starts on the later of either the expiration date for the original Section 421- a real property tax exemption or the date on which a restrictive declaration is recorded against the property. Buildings that receive the extended benefit must pay prevailing wages to building service employees while they are receiving the extended benefit unless (a) they contain less than 30 units, or (b) all of the dwelling units are affordable housing units and at least 50%, upon initial rental and subsequent rentals following a vacancy, are affordable to and restricted to occupancy by individuals or families at or below 125% of AMI.

The fiscal officer, which, in New York City, is the Comptroller, is also the designated enforcement authority over the building service employees’ prevailing wage requirements for buildings receiving Section 421-a (17) extended benefits. HPD’s proposed amendment to chapter 50 will amend the rules to reflect the Comptroller’s enforcement authority under subdivision 17 of the 421-a Statute. HPD’s authority for these rules is found in sections 1043 and 1802 of the New York City Charter and RPTL Section 421-a.

Subject: 

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

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 12, 2016
Proposed Rules Content: 

The proposed rules implement the new RPTL 421-a extended affordability program, RPTL Section 421-a(17), enacted by the State Legislature last year in Chapter 20 of the Laws of 2015.

Subject: 

.The proposed rules implement the RPTL 421-a extended affordability program that was enacted by the State Legislature as RPTL 421-a(17) in Chapter 20 of the Laws of 2015.

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

No contact