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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

Pursuant to § 282 of Article 7-C of the MDL (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law. Effective as of June 21, 2010, the Legislature enacted Chapters 135 and 147 of the Laws of 2010, which amended the Loft Law.

 

To ensure the Loft Board rules are aligned with the recent amendments to the Loft Law, the amended rule:

 

·         Adds provisions addressing when units covered by the Loft Law pursuant to MDL § 281(5) may be exempted from rent regulation after a sale of improvements.

 

·         Amends the service and proof of service requirements for an application challenging a proposed sale of improvements.

 

·         Directs the reader to the Loft Board’s new fine schedule for penalties that may be imposed for an owner’s failure to file a sales record form with the Loft Board.

 

·         Removes provisions governing sales of improvements that occurred prior to March 23, 1985.

 

·         Adds headings and re-orders the subdivisions of the rule into a more coherent section.

 

 

NEW YORK CITY LOFT BOARD REORGANIZATION OF SECTION 2-07, SALE OF IMPROVEMENTS

 

Old Subdivision

Designation

 

Description

 

New Subdivision Designation

§ 2-07(a)

Definitions

No Change

§ 2-07(b)

Notice: Form and Time Requirements

§ 2-07(f)

§ 2-07(c)

Modifications on Consent, Change of Address

§ 2-07(h) (renamed Deadline Extensions on

Consent and Change of Address)

§ 2-07(d)

Parties

§ 2-07(g)(3)

§ 2-07(e)

Sales not Subject or Partially Subject to These Regulations

§ 2-07(b)(2)

§ 2-07(f)(1)

Right to Sell

§ 2-07(b)(1)

§ 2-07(f)(2)

Offers to Sell to Prospective Tenant

§ 2-07(c)

§ 2-07(f)(3)

Owner’s Response to Offer & Proposed Tenant

§ 2-07(d)

§ 2-07(f)(4)

Acceptance of Prospective Tenant through Owner’s Consent to Tenant’s Purchase or Owner’s Failure to Respond

§ 2-07(d)(3)

§ 2-07(f)(5)

Owner’s Purchase of Improvements

§ 2-07(d)(4)

§ 2-07(g)(1)

Challenges to Proposed Sales of Improvements – Procedures

No Change

§ 2-07(g)(2)

Grounds for Challenge

No Change

§ 2-07(h)

Sales which Occurred Prior to Effective Date of these Regulations

DELETED

§ 2-07(i)

Fair Market Value of Improvements; Hard Exemptions, Vacate Orders, Owner Occupancy

No Change

§ 2-07(j)

Filing the Record

No Change in location but renamed to “Filing the Sales Record with the Loft Board”

 

Effective Date: 
Wed, 09/11/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Pursuant to § 282 of Article 7-C of the MDL (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law. On June 21, 2010, the Legislature amended the Loft Law. Chapters 135 and 147 of the Laws of 2010, among other things, added MDL § 281(5), and increased the civil penalties that may be imposed for violations of Loft Board rules.

 

MDL § 286(12) allows a residential occupant to sell his or her Loft Law rights to the owner. These rule amendments address the procedures for a sale of rights, as applied to residential occupants of units covered under the Loft Law including occupants covered pursuant to MDL § 281(5).

The rule changes:

 

·         Direct the reader to the Loft Board’s fine schedule in § 2-11.1 for civil penalties that may be imposed for failure to timely file a Sales Record form.

 

·         Clarify that a purported sale of rights pursuant to MDL § 286(12) made prior to June 21, 2010 for units subject to coverage pursuant to MDL § 281(5) will not be given any effect by the Loft Board.

 

·         Provide that the estate of a residential occupant entitled to protection will be an affected party in an abandonment application.

 

·         Include minor edits to promote clarity and organization of the rule.

 

 

Effective Date: 
Wed, 09/11/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Final Rule

 

 

Under section §2101 of the New York City Charter, the Business Integrity Commission (BIC) is authorized to regulate the trade waste industry. To ensure trade waste businesses operate free of organized crime and corruption, BIC regulates both the providers of trade waste collection services and the trade waste brokers. As provided in Administrative Code Title 16-A, § 16-504(a), BIC regulates the issuance, suspension and revocation of registrations for trade waste brokers. Under § 16-504(i), BIC is authorized to promulgate rules the Commission deems necessary and appropriate to effectively regulate the waste removal industry, including the regulation of trade waste brokers.

 

These rule amendments are designed to improve BIC’s capacity to properly regulate the trade waste broker community and to ensure trade waste brokers are operating fairly and free of corruption. The new amendments will also ensure BIC’s rules are fair across the trade waste industry, by making rules and requirements for trade waste brokers more consistent with those of licensed providers of trade waste removal collection or disposal services, as enumerated in Title 17 Subchapter E of the Rules of the City of New York.

 

Specifically, the new amendments will require trade waste brokers to follow BIC rules whether they are working with licensees or registrants.

 

The amendments will also require trade waste brokers to follow record keeping and record reporting requirements comparable to the requirements of licensees, including:

 

  • Maintenance and production of accounting records, including cash receivable and cash disbursement journals, payroll records, general ledgers, customer subsidiary ledgers, accounts payable ledgers and other accounting records;
  • Maintenance and production of customer information;
  • Maintenance and production of annual financial statements;
  • Maintenance and production of an annual report;
  • Maintenance and production of the broker’s Customer Register; and
  • Maintenance and production of complaints made against the broker.

 

The new amendments also define the requirements for agreements and contracts with customers for broker services. The amendments address the information that must be included in contracts between brokers and customers, as well as the duration of such contracts. Specifically, contracts entered into after the effective date of this rule may not exceed two years in duration. Contracts entered into prior to the effective date of the rule will be deemed to terminate no later than two years following the rule’s effective date. Additionally, any written contracts without a termination date will be deemed terminable at will by either party upon fourteen days written notice. Oral agreements between customers and a trade waste brokers must be deemed terminable at will by either party upon fourteen days written notice to the other party. In no instance may a broker terminate services or raise rates without at least fourteen days written notice to the customer.

 

Under the amendments, BIC approval will now be required before subcontracting or assigning broker services and before any sales, mergers or acquisitions of trade waste brokerages involving other businesses under BIC’s jurisdiction.

 

In this final rulemaking, BIC is also amending the fee for review of any proposed asset sale, assignment of contract, merger, acquisition, or similar transaction by a licensee to reflect the most recent user cost analysis. The same fee structure will now be applied to transactions by registered trade waste brokers to ensure the marketplace is run fairly and free from criminal influence.

 

This rule will go into effect on May 20, 2013. However, provisions requiring new record keeping or invoicing will go into effect on August 19, 2013. Brokers will need to file customer registers on July 31, 2014 and every six months thereafter. Brokers will need to file financial statements six months after the close of the broker’s first fiscal year that ends on or after August 20, 2014, and then on an annual basis thereafter.

 

Nothing in these amendments to subchapter F relating to trade waste brokers is intended to alter or affect the meaning or application of the requirements for licensees as provided in subchapter E of these rules as interpreted by BIC.

 

 

Effective Date: 
Mon, 05/20/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, July 12, 2012
Proposed Rules Content: 

 

 

 

Statement of Basis and Purpose

 

Pursuant to § 282 of Article 7-C of the MDL (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law. Effective as of June 21, 2010, the Legislature enacted Chapters 135 and 147 of the Laws of 2010, which amended the Loft Law.

 

To ensure the Loft Board rules are aligned with the recent amendments to the Loft Law, the proposed rule:

 

  • Adds provisions addressing when units covered by the Loft Law pursuant to MDL § 281(5) may be exempted from rent regulation after a sale of improvements.

 

  • Amends the service and proof of service requirements for an application challenging a proposed sale of improvements.

 

  • Increases the penalties that may be imposed for an owner’s failure to file a sales record form with the Loft Board.

 

  • Removes provisions governing sales of improvements that occurred prior to March 23, 1985.

 

  • Adds headings and re-orders the subdivisions of the rule into a more coherent section.

 

 

Subject: 

Opportunity to comment on proposed rule changes to Section 2-07 of the Loft Board Rules which governs sales of improvements pursuant to MDL § 286(6).

Location: 
280 Broadway 3rd Floor
New York, NY 10007
Contact: 

New York City Loft Board
280 Broadway
3rd Floor
New York, NY 10007
(212) 566-5663

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, July 19, 2012
Proposed Rules Content: 

 

 

STATEMENT OF BASIS AND PURPOSE

 

Pursuant to § 282 of Article 7-C of the MDL (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law. On June 21, 2010, the Legislature amended the Loft Law. Chapters 135 and 147 of the Laws of 2010, among other things, added MDL § 281(5), and increased the civil penalties that may be imposed for violations of Loft Board rules.

 

MDL § 286(12) allows a residential occupant to sell his or her Loft Law rights to the owner. The proposed amendment addresses the procedures for a sale of rights, as applied to residential occupants of units covered under the Loft Law including occupants covered pursuant to MDL § 281(5).

 

The proposed changes:

 

·         Increase the civil penalties that may be imposed for failure to timely file a Sales Record form.

 

·         Clarify that a purported sale of rights pursuant to MDL § 286(12) made prior to June 21, 2010 for units subject to coverage pursuant to MDL § 281(5) will not be given any effect by the Loft Board.

 

·         Requires that the estate of a residential occupant entitled to protection be an affected party in an abandonment application.

 

·         Include minor edits to promote clarity and organization of the rule.

 

 

Keywords:
Subject: 

Opportunity to comment on proposed rule changes to Section 2-10 of the Loft Board Rules which relate to the sale of Article 7-C rights.

Location: 
280 Broadway 3rd Floor
New York, NY 10007
Contact: 

New York City Loft Board
280 Broadway
3rd Floor
New York, NY 10007
(212) 566-5663

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, March 8, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

 

Under section §2101 of the New York City Charter, the Business Integrity Commission (BIC) is authorized to regulate the trade waste industry. To ensure trade waste businesses operate free of organized crime and corruption, BIC regulates both the providers of trade waste collection services and the trade waste brokers. As provided in Administrative Code Title 16-A, § 16-504(a), BIC regulates the issuance, suspension and revocation of registrations for trade waste brokers. Under § 16-504(i), BIC is authorized to promulgate rules the Commission deems necessary and appropriate to effectively regulate the waste removal industry, including the regulation of trade waste brokers.

 

These proposed rule amendments are designed to improve BIC’s capacity to properly regulate the trade waste broker community and to ensure trade waste brokers are operating fairly and free of corruption. The proposed amendments will also ensure BIC’s rules are fair across the trade waste industry, by making rules and requirements for trade waste brokers more consistent with those of licensed providers of trade waste removal collection or disposal services, as enumerated in Title 17 Subchapter E of the Rules of the City of New York.

 

Specifically, the proposed amendments will require trade waste brokers to follow BIC rules whether they are working with licensees or registrants.

 

The amendments will also require trade waste brokers to follow record keeping and record reporting requirements comparable to the requirements of licensees, including:

 

  • Maintenance and production of accounting records, including cash receivable and cash disbursement journals, payroll records, general ledgers, customer subsidiary ledgers, accounts payable ledgers and other accounting records;
  • Maintenance and production of customer information;
  • Maintenance and production of annual financial statements;
  • Maintenance and production of an annual report;
  • Maintenance and production of the broker’s Customer Register; and
  • Maintenance and production of complaints made against the broker.

 

The amendments also define the requirements for agreements and contracts with customers for broker services. The proposed amendments address the information that must be included in contracts between brokers and customers, as well as the duration of such contracts. Specifically, contracts entered into after the effective date of this rule may not exceed two years in duration. Contracts entered into prior to the effective date of the rule will be deemed to terminate no later than two years following the rule’s effective date. Additionally, any written contracts without a termination date will be deemed terminable at will by either party upon fourteen days written notice. Oral agreements between customers and a trade waste brokers must be deemed terminable at will by either party upon fourteen days written notice to the other party. In no instance may a broker terminate services or raise rates without at least fourteen days written notice to the customer.

 

Under the amendments, Commission approval will now be required before subcontracting or assigning broker services and before any sales, mergers or acquisitions of trade waste brokerages involving other businesses under BIC’s jurisdiction.

 

 

In this proposed rulemaking, the Business Integrity Commission is also amending the fee for Commission review of any proposed asset sale, assignment of contract, merger, acquisition, or similar transaction by a licensee to reflect the most recent user cost analysis. The same fee structure will now be applied to transactions by registered trade waste brokers to ensure the marketplace is run fairly and free from criminal influence.

 

Nothing in these proposed amendments to subchapter F relating to trade waste brokers is intended to alter or affect the meaning or application of the requirements for licensees as provided in subchapter E of these rules as interpreted by the Commission.

 

 

Subject: 

Opportunity to comment on the proposed amendment by the Business Integrity Commission of rules relating to trade waste broker regulations.

Location: 
New York City Business Integrity Commission
100 Church Street, 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

Joanna Weiss
Chief Program Officer
jweiss@bic.nyc.gov
(212) 676-6292

Download Copy of Proposed Rule (.pdf):