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

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, March 13, 2018
Proposed Rules Content: 

HPD’s proposed rule amendment adds an additional ground for waiver of the distribution requirements for the former 421-a program based upon a story containing a single dwelling unit This same additional ground for waiver already is available in the Affordable New York Housing Program for new 421-a benefits and HPD wants to clarify that the waiver is available for eligible buildings receiving benefits under either program.

Subject: 

HPD’s adopted rules implementing the Affordable New York Housing Program included an additional ground for waiver of the distribution requirements based upon a story containing a single dwelling unit. HPD is now proposing to amend the distribution requirements adopted for the former 421-a program to reflect this same additional ground for waiver and to clarify that the waiver is available for eligible buildings receiving benefits under either program.

Location: 
HPD
100 Gold Street 9th Floor Room 9P-10
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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Chapter 35 of Title 28 of the Rules of the City of New York was adopted in 2002 to establish the procedures for selecting buildings for the Neighborhood Entrepreneurs Program (“NEP”), notifying tenants of such selection and the rental adjustments made in conjunction with the program, and carrying out rehabilitation and disposition of buildings in the program. NEP enabled neighborhood-based private property owners to own and manage clusters of occupied and vacant City-owned buildings. The program has been completed and there are no more properties to be disposed of. Therefore, the rules are being repealed.

Effective Date: 
Sun, 01/21/2018

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: 
Monday, January 23, 2017
Proposed Rules Content: 

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.

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 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: 
Thursday, December 14, 2017
Proposed Rules Content: 

Chapter 35 of Title 28 of the Rules of the City of New York were adopted in 2002 to establish the procedures for selecting buildings for the Neighborhood Entrepreneurs Program (“NEP”), notifying tenants of such selection and the rental adjustments made in conjunction with the program, and carrying out rehabilitation and disposition of buildings in the program. NEP enabled neighborhood-based private property owners to own and manage clusters of occupied and vacant City-owned buildings. The program has been completed and there are no more properties to be disposed of.

Subject: 

.

Contact: 

FAX (212) 863-8375, ATTN: Nancy Batterman

Adopted Rules: Closed to Comments

Adopted Rules Content: 

HPD’s rule amendments conform the proof of the applicant's actual expenditures required as part of the application for J-51 benefits to the relevant professional standards for Certified Public Accountants. The amendments allow Certified Public Accountants to provide HPD with satisfactory evidence of the J-51-related cost of construction while avoiding any conflict with professional standards by using terms consistent with the relevant professional standards for “attest engagements.”

Effective Date: 
Thu, 11/23/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

HPD’s rule amendments eliminate the current restrictive filing periods for submitting J-51 applications to HPD, and allow applicants to file applications at any time of year.

Effective Date: 
Thu, 11/23/2017

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

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