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Adopted Rules: Closed to Comments

Adopted Rules Content: 

The adopted rule implements the Department of Housing Preservation and Development’s authority pursuant to Zoning Resolution §23-96 to waive certain provisions of the Zoning Resolution.  Specifically, Zoning Resolution §23-96(b), (c), and (d) authorize HPD to waive the requirements for height and horizontal distribution, the distribution requirements for bedroom mix, and the size requirements of affordable housing units, respectively, for substantial rehabilitation affordable housing on generating sites.  HPD will waive such requirements under one or more of the following circumstances: (1) there are tenants who are returning to such affordable housing units after rehabilitation is completed, (2) the building is the subject of an in rem tax lien foreclosure judgment for the City of New York, or (3) the building is owned by a housing development fund corporation or other entity designated by HPD.

 

HPD’s ability to waive these requirements under these circumstances will help to preserve existing unit configurations to allow occupants to return after rehabilitation is completed.  This is important because where buildings are fully or partially occupied the ability to waive these requirements will avoid any diminution in the number of units rehabilitated and ensure that occupants can return to their units.  In addition, the ability to waive these requirements can result in the creation of more affordable housing units under certain HPD programs.

 

Effective Date: 
Sat, 05/30/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 21, 2015
Proposed Rules Content: 

The proposed rule implements the Department of Housing Preservation and Development’s authority pursuant to Zoning Resolution §23-96 to waive certain provisions of the Zoning Resolution.  Specifically, Zoning Resolution §23-96(b), (c), and (d) authorize HPD to waive the requirements for height and horizontal distribution, the distribution requirements for bedroom mix, and the size requirements of affordable housing units, respectively, for substantial rehabilitation affordable housing on generating sites.  HPD proposes to waive such requirements under one or more of the following circumstances: (1) there are tenants who are returning to such affordable housing units after rehabilitation is completed, (2) the building is the subject of an in rem tax lien foreclosure judgment for the City of New York, or (3) the building is owned by a housing development fund corporation or other entity designated by HPD.

Subject: 

Amendments to Inclusionary Housing Guidelines

Location: 
New York City Department of Housing Preservation and Development
100 Gold Street Room 5R1
New York, NY 10038
Contact: 

Assistant Commissioner Louise Carroll

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

On June 21, 2010, the New York State Legislature enacted Section 281(5) of Article 7-C which expanded the criteria for coverage under the Loft Law. Multiple Dwelling Law (MDL) section 286(2)(i) directs the Loft Board to establish rent adjustments prior to Article 7-B compliance, also known as interim rent adjustments for interim multiple dwelling (IMD) units covered under MDL § 281(5).

 

On November 17, 2011, the Loft Board heard testimony from owner and tenant representatives, the Met Council on Housing and the Rent Stabilization Association, among others, about factors the Loft Board should consider in determining the rent adjustments pursuant to MDL section 286(2)(i). In addition, the Loft Board considered over 30 letters received from tenants and advocates for tenants and owners. The information provided was insightful and helpful in understanding the potential impact of these increases on the artist community, current trends in loft housing, and the effect of rent regulation on the housing market.

The following list represents a summary of the reoccurring points presented to the Loft Board in the oral and written comments:

 

·Tenants report that they are already paying market rent;

·Tenants report that most of them have had a recent increase in rent;

·A further increase in addition to the legalization milestone increases will result in the unit being over market rent and price-out the artist community;

·An increase prior to Article 7-B compliance after a lease expires may encourage an owner not to finish the Article 7-B work until after the lease expires to collect the increase;

·Tenants report that the buildings are in a state of disrepair and the owners fail to do proper maintenance; and

·Tenants have invested considerable sums of money by making improvements to make the loft spaces livable and owners should not reap the benefits of their financial investment prior to Article 7-B compliance.

 

After consideration of the comments received to date, the Loft Board determined that there should be no rent adjustment prior to Article 7-B compliance pursuant to MDL § 286(2)(i). The rule sets forth this determination in the interim rent adjustments required in MDL § 286(2)(i) for interim multiple dwelling (IMD) units covered under MDL § 281(5). In addition, the rule provides that garbage escalators will not include services provided by the New York City Department of Sanitation.

 

 

Effective Date: 
Wed, 09/11/2013