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Department of Housing Preservation and Development
Codified Title: 
Title 28: Department of Housing Preservation and Development

Adopted Rules: Closed to Comments

Adopted Rules Content: 

DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT 

Notice of Adoption of Rules 

Notice is hereby given that pursuant to the authority vested in the Commissioner of the Department of Housing Preservation and Development (HPD) pursuant to Section 1802 of the City Charter and Section 421-a of the New York State Real Property Tax Law and in accordance with Section 1043 of the City Charter, HPD is adopting amendments to chapter 50 to title 28 of the Rules of the City of New York to implement changes to the prevailing wage requirements for building service employees in buildings receiving tax benefits under New York State Real Property Tax Law section 421-a (the “421-a Statute”) enacted by Chapter 20 of the Laws of 2015 and Chapter 59 of the Laws of 2017 and to the minimum average hourly wage requirements for construction workers for certain projects in accordance with subdivision 16 of the 421-a Statute. 

A notice of proposed rulemaking was published in the City Record on October 15, 2019.  A public hearing was held on November 19, 2019. 

Statement of Basis and Purpose 

Section 421-a of the Real Property Tax Law (“421-a Statute”) 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 the exemption’s eligibility requirements, including the requirement that the applicant’s building service employees receive a prevailing wage. 

Chapter 20 of the Laws of 2015 amended the 421-a Statute to add enforcement oversight over the building service employees’ prevailing wage requirements by designating enforcement authority to the fiscal officer which, in New York City, is the Comptroller. Chapter 20 of the Laws of 2015 also articulated the fiscal officer’s enforcement powers, which include conducting investigations to determine the prevailing wage for building service employees, holding related hearings, and issuing rules necessary for the proper execution of the duties, responsibilities, and powers conferred upon the fiscal officer by Chapter 20. 

Chapter 59 of the Laws of 2017 amended RPTL Section 421-a(16) and provided for Affordable New York Housing Program tax exemption benefits for buildings that commenced construction after December 31, 2015, and on or before June 15, 2022, and who completed construction no later than June 15, 2026.  Chapter 59 of the Laws of 2017 requires compliance with the prevailing wage requirements for building service workers and provides enforcement authority to the New York City Comptroller.  RPTL Section 421-a(16) provides that eligible multiple dwellings containing less than thirty dwelling units are exempt from the requirement.  For an eligible multiple dwelling receiving benefits pursuant to RPTL Section 421-a(16) to meet the affordability exemption from the building service workers prevailing wage requirements, all of the dwelling units must be affordable housing units and at least 50%, upon initial rental and subsequent rentals following a vacancy, must be affordable to and restricted to occupancy by individuals or families at or below 125% of Area Median Income.  

Chapter 59 of the Laws of 2017 also provided that in addition to the other requirements provided in subdivision 16 of the 421-a Statute, rental projects with 300 or more dwelling units that are located in portions of Manhattan, Queens and Brooklyn must pay construction workers a minimum average hourly wage.  The Comptroller also was given enforcement authority with respect to these minimum average hourly wage requirements for construction workers. 

Chapter 50 of Title 28 of the Rules of the City of New York governs building service worker prevailing wage requirements and construction workers minimum average hourly wage requirements in certain buildings receiving benefits pursuant to the 421-a Statute. 

HPD’s rule amendments authorize the imposition of civil penalties for violations of the prevailing wage and minimum average hourly wage requirements.  The civil penalty cannot be more than 25% of either (a) the prevailing wage underpayment, or (b) the differential between the wages set forth in the contractor’s certified payroll report and the actual wages paid.  The civil penalty shall be assessed based upon such factors as size and good faith of applicant, contractor or subcontractor, as relevant, the gravity of the violation, the violation history and the failure to comply with bookkeeping and other non-wage requirements. 

The rule amendments also amend the definition of “Owner” in the rules to track Labor Law Article 9 and ensure that the definition covers any entity that is employing building service workers for work that extends beyond such entity’s individual residential or commercial unit.  Finally, the rule amendments make some technical amendments to Chapter 50.  

HPD’s authority for these rules is found in sections 1043 and 1802 of the New York City Charter and section 421-a of the Real Property Tax Law.

Effective Date: 
Sun, 03/01/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The rule amendments remove from consideration for the Speculation Watch List those multiple dwellings that were constructed within the last several years and in which a majority of dwelling units are rent regulated due to Real Property Tax Law Section 421-a(1)-(15) requirements.

Effective Date: 
Fri, 12/06/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Amendments to Rules regarding Lead Paint Poisoning and Control

Effective Date: 
Mon, 12/09/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 19, 2019
Proposed Rules Content: 

HPD’s proposed rule amendments authorize the imposition of civil penalties for violations of the prevailing wage and minimum average hourly wage requirements. The civil penalty cannot be more than 25% of either (a) the prevailing wage underpayment, or (b) the differential between the wages set forth in the contractor’s certified payroll report and the actual wages paid. The civil penalty shall be assessed based upon such factors as size and good faith of applicant, contractor or subcontractor, as relevant, the gravity of the violation, the violation history and the failure to comply with bookkeeping and other non-wage requirements.The proposed rule amendments also amend the definition of “Owner” and make some technical amendments to Chapter 50.

Subject: 

RPTL Section 421-a Prevailing Wage Rule Amendments

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

Meilan Chiu, Director of Operations and Policy Analysis, 100 Gold Street, Room 9-Z2, New York, New York 10038

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, October 29, 2019
Proposed Rules Content: 

HPD’s proposed rule amendments would (1) modify the Application requirements for Homeownership Projects, (2) change the deadlines for filing a Notice of Intent to begin marketing Affordable Housing Units, (3) clarify the requirement that the Workbook must be attached to the Notice of Intent, (4) cap rents of Affordable Housing Units at the rents for comparably-sized Market Units, (5) authorize HPD to waive the Application filing fee for certain projects and (6) ensure that Buildings are not configured in a manner that impedes the statutory and regulatory requirements for the integration of Affordable Housing Units and their residents with the rest of the Building.

Subject: 

RPTL 421-a(16) Rule Amendments

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The amendments revise and clarify many aspects of such housing companies, including admissions limitations and priorities, status of shares and other value associated with a vacated apartment, contract review and approval, board of director elections and dissolution and/or reconstitution.

Effective Date: 
Fri, 09/13/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 13, 2019
Proposed Rules Content: 

The proposed rule amendments would remove from consideration for the Speculation Watch List those multiple dwellings that were constructed within the last several years and in which a majority of dwelling units are rent regulated due to Real Property Tax Law Section 421-a(1)-(15) requirements.

Subject: 

.

Location: 
HPD
100 Gold Street Room 5-B6
New York, NY 10038
Contact: 

(212) 863-7679.

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 15, 2019
Proposed Rules Content: 

Proposed Amendments to Rules Relating to Lead Paint Poisoning Prevention and Control

Subject: 

Proposed Amendments to Rules Relating to Lead Paint Poisoning Prevention and Control

Location: 
Department of Housing Preservation & Development
100 Gold Street Room 5R1
New York, NY 10038
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

HPD’s rule amendment updates the MIH Affordable Housing Fund contribution schedule for the coming fiscal year (July 1, 2019 through June 30, 2020).

Effective Date: 
Mon, 07/01/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, May 24, 2019
Proposed Rules Content: 

The proposed rule amendments would update the MIH Affordable Housing Fund contribution schedule for the coming fiscal year (July 1, 2019 through June 30, 2020).

Subject: 

.

Location: 
HPD
100 Gold Street, 5th Floor, Room 5-B6
New York, NY 10038

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