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Adopted Rules: Closed to Comments

Adopted Rules Content: 

HPD’s 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.

Effective Date: 
Sun, 04/29/2018

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

 

Under article 105 of title 28 of the New York City Administrative Code, a written permit is required to conduct work in connection with any building, structure, sign, service equipment, or gas, mechanical, plumbing or fire suppression system in the city.  The permit requirement is subject to certain exemptions as stated in section 28-105.4, including exemptions for “categories of work as described in department rules, consistent with public safety.” 

Under Article 213, the New York City Department of Buildings (“Department”) must impose a civil penalty for work without a permit and adopt a rule describing the procedure for the assessment of such penalties.  Such civil penalty is in addition to the penalties authorized under article 202 of the New York City Administrative Code.  Section 28-213.2 also provides that a waiver or reduction of the penalty is available, pursuant to Department rules, to a subsequent bona fide purchaser of a building on which work without a permit was performed.  The proof needed to show that an owner is a subsequent bona fide purchaser is further explained in this rule.

Under article 207, the Commissioner of the Department may issue a “stop work order” if building work is being performed in violation of applicable laws and rules or in a dangerous or unsafe manner.  Under section 28-207.2.3, the Commissioner may rescind a stop work order under certain circumstances, including following the payment of civil penalties, or where the stop work order should not have been issued. 

Section 1 of the rule repeals the existing civil penalties rule, which has been superseded in part by the Administrative Code and no longer reflects current practice. 

Section 2 of the rule sets forth:

  • When payment of a civil penalty for work without a permit or violation of a stop work order is required
  • How civil penalties for work without a permit are assessed
  • Requirements and procedures for overrides, waivers, and/or reductions of a civil penalty for work without a permit or violation of a stop work order
  • Requirements for a refund of the payment of such civil penalty

 

Effective Date: 
Sat, 02/22/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 10, 2014
Proposed Rules Content: 

  

STATEMENT OF BASIS AND PURPOSE

 

 Under article 105 of title 28 of the New York City Administrative Code, a written permit is required to conduct work in connection with any building, structure, sign, service equipment, or gas, mechanical, plumbing or fire suppression system in the city.  The permit requirement is subject to certain exemptions as stated in section 28-105.4, including exemptions for “categories of work as described in department rules, consistent with public safety.” 

Under Article 213, the New York City Department of Buildings (“Department”) must impose a civil penalty for work without a permit and adopt a rule describing the procedure for the assessment of such penalties.  Such civil penalty is in addition to the penalties authorized under article 202 of the New York City Administrative Code.  Section 28-213.2 also provides that a waiver or reduction of the penalty is available, pursuant to Department rules, to a subsequent bona fide purchaser of a building on which work without a permit was performed.  The proof needed to show that an owner is a subsequent bona fide purchaser is further explained in this rule.

Under article 207, the Commissioner of the Department may issue a “stop work order” if building work is being performed in violation of applicable laws and rules or in a dangerous or unsafe manner.  Under section 28-207.2.3, the Commissioner may rescind a stop work order under certain circumstances, including following the payment of civil penalties, or where the stop work order should not have been issued. 

Section 1 of the proposed rule repeals the existing civil penalties rule, which has been superseded in part by the Administrative Code and no longer reflects current practice. 

Section 2 of the proposed rule sets forth:

  • When payment of a civil penalty for work without a permit or violation of a stop work order is required
  • How civil penalties for work without a permit are assessed
  • Requirements and procedures for overrides, waivers, and/or reductions of a civil penalty for work without a permit or violation of a stop work order
  • Requirements for a refund of the payment of such civil penalty

 

Subject: 

.Civil Penalties for Certain Violations

Location: 
Auditorium
125 Worth Street 2nd floor
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf):