For Apartment Seekers and Homebuyers
For Tenants
For Residential Owners
For Developers
For Vendors
More FAQs
For Apartment Seekers and Homebuyers
I need affordable housing. How can HPD help?
Information about affordable rental apartments rehabilitated through HPD programs is available by calling the Affordable Housing Hotline at 311 (311 can be accessed outside of New York City by dialing (212) NEW YORK). Information about affordable homeownership options is also available on this website at our homeownership page and by calling 311 to request a homeownership kit. The City itself does not sell homes, but works with real estate professionals and community sponsors to market homes. You will see phone numbers listed for our partners at our homeownership page, and you will need to contact them directly to receive an application that is specific to each development. The HPD website also offers general information about buying a home in New York City.
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What are the requirements to apply for City-sponsored
housing?
Requirements vary by program. Some
City-sponsored homeownership programs are limited to households that fall within
certain income levels. Some require the purchaser to be a first-time homebuyer,
defined as someone who has never owned a small home (one- or two-family home),
co-op or condo for use as a primary residence. Applicants should also be credit
worthy and able to qualify for a mortgage. Please see the descriptions of HPD's
programs for homebuyers as well as the lists of homes that are
currently available. There is a community preference for all
City-sponsored homes.
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What is a community preference?
HPD gives preference for either the sale or rental of 50% of
all homes, co-ops, condominiums and rental apartments it creates or
rehabilitates to current residents of the community board district where the
homes are located. All applicants must meet the individual program requirements
to be eligible and be selected by lottery. The community preference was
established to provide greater housing opportunities for long-time residents of
New York City neighborhoods where HPD has made a significant investment in
housing. Preference is also given to active duty uniformed NYC police officers, municipal employees, people who are
mobility impaired, and people who are vision impaired.
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What is the lottery process?
Apartments that are subsidized by HPD, by the New York State
Housing Finance Agency, and by the New York State Division of Housing and
Community Renewal (DHCR) are advertised in local newspapers. Listings of
available apartments may also be found at these web sites: www.nyc.gov/housing,
and www.dhcr.state.ny.us. Additionally, HPD has an Affordable Housing Hotline
that describes available apartments and provides information on obtaining an
application. For further information, please call 311 (311 can be accessed
outside of New York City by dialing (212) NEW YORK).
To participate in a lottery, you must complete an
application form and mail it to the developer within the specified application
period. The newspaper advertisement should provide you with information on (1)
income guidelines, (2) who to contact, (3) where to mail your request for an
application, and (4) where to mail your completed application. Deadlines for
applications will also be noted in the advertisement.
One week after the application deadline, the
applications are retrieved and then randomly selected. Based on the relevant
information from the application, a list of qualified applicants will be
created. The number of names on the list will be at least 20 times the number of
apartments available. Interviews with applicants will be scheduled after the
drawing. All applicants must meet the individual program requirements to be
eligible and receive the community preference. No application fee or broker fee
is required. If an applicant passes the interview, the developer may require a
fee to conduct a credit check on the applicant.
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Do
I have to write my social security number and bank account number in
applications for housing lotteries?
No, you do not
have to include your social security number and bank account number in
applications. If you are selected in the lottery, you will be called for an
interview. If you are eligible for the apartment, the developer may then request
your social security number and bank account number to do a credit check or to
verify your income.
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Would my application for HPD-sponsored housing be considered
if I have bad credit or a bankruptcy?
A private
developer has a right to refuse an applicant on the grounds of bad credit or a
bankruptcy, according to HPD's marketing guidelines.
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What happens after the lottery is completed?
After the drawing, the developer schedules interviews (in
numerical order of the log sheet) with prospective homeowners. To make the
process more efficient, HPD strongly recommends that the developer interview
applicants who meet the various preference requirements (resident of Community
Board district where development is located, active duty uniformed NYC police
officers, municpal employees, mobility impaired, vision impaired) prior to
interviewing other applicants.
All applicants must meet the individual program
requirements to be eligible and receive the community preference. No application
fee or broker fee is required. If an applicant passes the interview, the
developer may require a fee to conduct a credit check on the applicant.
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How long does the interview process for renting a
City-sponsored apartment or purchasing a City-sponsored home take?
Generally, the interview process is completed within one
month after the application deadline. Due to the large volume of applications
submitted for each development, only applicants selected for an interview will
be called regarding the status of their application.
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What does it mean if I don't receive a call requesting an
interview?
Applicants will not receive a call for an
interview if 1) their application was not drawn before the developer reached the
amount that corresponds to 20 times the number of homes/apartments available for
sale or rent; 2) they did not meet the eligibility requirements for the program
through which the home/apartment was developed, or 3) their application was
received after the deadline.
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What is the 80/20 Program?
The
80/20 Program, sponsored by the New York State Housing Finance Agency, the New
York City Housing Development Corporation (HDC) and the New York City Department
of Housing Preservation and Development (HPD), uses tax-exempt bonds to create
affordable housing for low-income tenants in generally desirable locations
throughout the city. The use of tax-exempt bonds to finance the construction of
large residential buildings in the city greatly reduces costs. In exchange for
the low-cost financing, 20% of the apartment units are reserved for low-income
tenants earning no more than 50% of area median income. See Low
Income Housing Tax Credit Rent and Income Limits
The apartments are not necessarily labeled "80/20" in
advertisements, but would say "affordable housing."
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How do I apply for an apartment created through the 80/20
program?
Apartments created through the 80/20 Program
and sponsored by the New York State Housing Finance Agency are advertised in the
real estate section of local newspapers and on the web site of the New York
State Division of Housing and Community Renewal (DHCR) at www.dhcr.state.ny.us. HDC- and HPD-sponsored 80/20
apartments are also advertised in local newspapers and on the agencies'
respective web pages: www.nyc.gov/housing. Additionally, HPD has an Affordable
Housing Hotline that describes available apartments and provides information on
obtaining an application. Please call 311 for further information (311 can be
accessed outside of New York City by dialing (212) NEW YORK).
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How can I purchase a City-sponsored home?
HPD has developed several programs that enable New York's
families to purchase new homes constructed on vacant City-owned properties or
newly-renovated City-owned homes. City subsidies and other financing tools are
used to make these homes affordable to low-, moderate-, and middle-income
families. Applications are available from the developer or the marketing agent
hired by the developer to market the homes. The contact information for any
developer that is currently accepting applications is available at HPD's web
site, nyc.gov/hpd. Developers of
City-sponsored homes and apartments are required by HPD to advertise in a New
York City metro daily paper, a community newspaper where the homes/apartments
are located, and an ethnic newspaper. HPD does not provide applications for
homes sold through City-sponsored programs. Purchasers for the homes are
selected through a lottery supervised by HPD.
Many people have expressed interest in buying a
dilapidated building and fixing it up themselves. HPD does not sell buildings in
dilapidated condition to the general public. Occasionally, we sell a building at
market value when we have buildings in better physical shape. Current tenants in
good standing are given the first opportunity to purchase their building. If the
tenants are not interested or not able to purchase, the building is offered to
the general public through a Request for Offers process as part of the Asset
Sales program. Those interested should call (212) 863-7337.
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Who can purchase a home developed through one of HPD's
programs?
Requirements vary. Some City-sponsored
homeownership programs are limited to households that fall within certain income
levels. Some require the purchaser to be a first-time homebuyer, defined as
someone who has never owned a small home (one- or two-family home), co-op or
condo for use as a primary residence. Applicants should also be credit worthy
and able to qualify for a mortgage. There is a community
preference for all City-sponsored homes.
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How do I buy an HPD-owned Building?
Many people have expressed interest in buying a dilapidated
building and fixing it up themselves. HPD does not sell buildings in dilapidated
condition to the general public. Occasionally, HPD sells buildings at market
value without City subsidy through the Asset Sales program when
they are in better physical shape. Current tenants in good standing are given
the first opportunity to purchase their building. If the tenants are not
interested or not able to purchase, the building is offered to the general
public through a Request for Offers Process. Those interested may call (212)
863-7630.
Information on plans for specific HPD-owned buildings may
be obtained by calling 212-863-8961.
The Department of Citywide
Administrative Services' (DCAS) Division of Real Estate holds auctions of
vacant land and commercial buildings. Please call 311 for further information
(311 can be accessed outside of New York City by dialing (212) NEW YORK).
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Where can I get homebuyer counseling?
Click here for a list of HPD-approved
counseling agencies
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Is there any down payment assistance?
Many New Yorkers want to buy a home but don't have enough
money saved for their down payment and closing costs. As part of Mayor
Bloomberg's "New Housing Marketplace Plan," the New York City Department of
Housing Preservation and Development (HPD) created the HomeFirst Down Payment
Assistance program. It provides qualified homebuyers with up to 6% of the
home's purchase price as a forgivable loan to use toward the down payment or
closing costs on a new 1-4 family home, a condominium, or a cooperative in one
of HPD's Homeownership Zones in one of the five boroughs of New York City. This
means that if the home costs $400,000, the eligible buyer would get $24,000.
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Can I refinance a mortgage for a home purchased through the
Partnership New Homes Homeownership Program or the Nehemiah Program?
Yes. HPD will refinance and subordinate to a new first
mortgage if:
- A homeowner sells or refinances his/her home up to the
subsidized purchase price of the home and
- HPD remains in second position behind your first
mortgage.
Click here for information about the Mortgage Services
Request Procedure.
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I need help fixing up a house. How can HPD help?
HPD could make the work more affordable. If you own a vacant
or deteriorated residential building or a mixed-use building with vacant
residential units, the Small Buildings Loan
Program, the New Partners
Program, and the 421b tax incentive program
could help you to finance the rehabilitation work. For smaller repairs or system
upgrades, you may be eligible for the Home Improvement Program or the
Senior Citizens Home
Assistance Program. Owner-occupied 3 to 4 family homes and mixed-use
buildings may also be eligible for system upgrade assistance under HPD's Article 8A program
and for lead-paint treatment assistance under the Primary Prevention Program.
Tax abatements and exemptions after the completion work may be available under
the J-51
program. HPD's Owner Services Program is a
source of referral information.
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How can I avoid taking a bad loan?
You want to get the best possible loan; but there are
lenders out there who want sell you a dishonest or predatory loan. Predatory
loans harm borrowers by making it difficult or impossible to keep up with
payments. Borrowers may pay unnecessary fees and excessive interest charges.
Predatory lenders prey on people who are unfamiliar with the banking system.
They target seniors, minorities, or anyone whose credit makes it hard to get a
regular bank loan. Predatory loans take advantage of borrowers with a variety of
abusive practices and:
- Target people of color, elderly and disabled people
for high-cost loans;
- Charge excessive interest rates and higher fees;
- Keep secret the true costs and terms of the loan;
- Approve a loan without considering a person's ability
to repay;
- Convince borrowers to refinance frequently (or "flip")
the loan;
- Carry terms that make it difficult for the borrower to
refinance later.
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What are the danger signs of a predatory loan?
- High bank fees (call competitors and comparison shop)
- Balloon payment (a lump sum due at the end of the term
of the loan);
- A loan is based on your home equity rather than your
income;
- Credit life insurance added to the loan
Don't gamble with your biggest asset. Call 311 and get
good advice.
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How can I avoid deed scams?
Homeowners facing foreclosure do have options, and must be
careful to avoid foreclosure scams. So called "bailout specialists" tell you
that, for a fee, you can deed your home to the bailout specialist and then rent
it back. The bailout specialist takes the money, does not arrange for the short
sale, and does not make any payments on the mortgage. The end result is that
your home loan payments are not made and the mortgage goes into foreclosure,
without you being aware of any fraud. Before you sign anything, call 311 and
learn the facts and your options.
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How can I avoid home repair contractor scams?
Many homeowners - especially seniors- are targeted by scam
artists who use high pressure tactics to sell unneeded and overpriced contracts
for "home improvements." Often these scam artists charge more than their quoted
prices or their work does not live up to their promises. When the homeowner
refuses to pay for shoddy or incomplete work, the contractor or an affiliated
lender threatens foreclosure on the home. Home improvement contractors use
several methods of targeting owners: high pressure phone calls, flyers,
advertisements, and door-to-door sales. Unscrupulous contractors often employ
one or more of the following sales tactics:
- "bait and switch" - offering low prices for installed
items like windows and home siding, and then telling the owner the item is out
of stock and can only be replaced with a high-priced substitute;
- misrepresenting the urgency of a needed repair
- claiming the item is more expensive than advertised
because it has to be "custom made" to fit the consumer's home;
- misrepresenting that the consumer is receiving a
discount because the home is selected to model the repair when, in reality,
the consumer is paying market price or more;
- misrepresenting the energy savings, health benefits,
and value added to the home;
- misrepresenting the terms on which financing is likely
to be arranged.
Unscrupulous contractors often use deceptive tactics to
hide the true cost of paying for the work. These tactics may include:
- using more than one contract for a single repair in an
attempt to confuse the home owner;
- claiming that there is a "cash" contract that doesn't
contain financing terms although the deal is intended to be financed;
- adding extra hidden charges above the negotiated
price;
- providing expensive (high rate) financing or arranging
with a third party to finance the work;
- obtaining hidden kickbacks from lenders or loan
brokers for referrals
Once the contractor has the downpayment in hand, or if
you give the contractor full payment up-front, they may disappear. To guard
against this, call the Better Business Bureau beforehand to see if they have
registered any complaints on the contractor, and check with Consumer Affairs
about whether the contractor is licensed. Also, pay in installments, when the
work is completed to your satisfaction.
Don't be scammed. If you are unsure about the deal
offered by a home repair contractor, call 311.
For
Tenants
I have no heat or hot water in my apartment. What can I
do?
By law, residential owners must provide adequate
heat between October 1 and May 31. During this period, between 6:00 a.m. and
10:00 p.m., if the outside temperature is below 55 degrees Fahrenheit, owners
must heat apartments to at least 68 degrees Fahrenheit. Between 10:00 p.m. and
6:00 a.m., if the outside temperature is below 40 degrees Fahrenheit, owners
must heat apartments to at least 55 degrees Fahrenheit. Owners must also provide
hot water at a minimum constant temperature of 120 degrees Fahrenheit all year
round.
Tenants whose building owners fail to provide adequate
heat or hot water should first speak with the owner or building manager about
the problem. If an owner does not restore heat and hot water, tenants should
then call the City's Citizen Service Center at 311, open 24 hours per day, seven
days per week, to lodge a complaint (311 can be accessed outside of New York
City by dialing (212) NEW YORK).
My landlord refuses to make repairs to my apartment.
What can I do?
If you are a tenant in a privately-owned building,
there are several things you can do to get their landlord to make repairs;
however, you may want to take the following steps in order to establish a
record:
- Contact the building superintendent regarding the
repairs.
- If the superintendent or management company does not
respond, write a letter to the owner of the building that describes the
problems in your apartment and asks for the repairs to be made by a certain
date. You should send the letter to the owner and management company by
certified mail and keep a copy for your records.
- If you do not receive a response to the letter, you
should try to contact the owner in person or by phone. Let him or her know
that if the repairs are not completed, that the tenant will have to file a
complaint. Keep a record of all of your attempts to get the landlord to make
repairs, as this will be useful in court.
If the owner still does not respond or fails to provide
essential services, you may report the condition to the City's Citizen Service
Center at 311 (311 may be accessed outside New York City by dialing (212) NEW
YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is
open 24 hours a day, seven days a week.
You can also bring a case against the landlord in Housing
Court to get an order to correct the conditions. This case is called an HP
Action. HP actions are lawsuits brought by tenants or groups of tenants against
landlords to force them to make repairs and provide essential services, like
heat and hot water. A landlord's failure to make a repair or provide an
important service may be a violation of the New York City Housing Maintenance
Code or the Multiple Dwelling Law. In an HP action, a judge can order the
landlord to correct the violations. If you want to start an HP proceeding
against your landlord, go to the Clerk's Office at the Housing Court. You do not
need a lawyer to start an HP case.
Tenants
living in an HPD-owned building who have complaints about the
maintenance of their apartment should call 212-491-4229 or 311.
Tenants in
rent controlled or rent stabilized apartments may contact the State
Division of Housing and Community Renewal (DHCR) Office of Rent Administration.
Call 311 for information. DHCR may impose penalties on building owners in the
form of rent reductions if a tenant's problems are valid.
Tenants
with maintenance complaints about apartments in New York City Housing Authority
(NYCHA) buildings should go to their management office and fill out a
work ticket.
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Can my landlord enter my apartment at any time?
Generally no. However, a landlord may enter a tenant's
apartment in some situations. For example, generally, the landlord can enter
your apartment:
- At a reasonable time after providing reasonable notice
if the entry is either
- To provide necessary or agreed upon repairs or
services, or
- In accordance with the lease, or
- To show the apartment to prospective tenants or
purchasers;
- In an emergency, at any time and without notice
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My landlord has changed the locks on my apartment. Is the
landlord allowed to change my locks?
Changing the
locks on an resident's apartment without giving the resident a key would be a
violation of the Unlawful Eviction Law (NYC Administrative Code §26-521) if:
- The resident is:
- A tenant or subtenant with a lease,
- An occupant who has lawfully lived in the apartment
for more than thirty days (with or without the lease),
- A subtenant, roommate or relative who has lived in
the apartment for at least thirty days (even if the person is not on the
lease and has not made any direct payments to the landlord),
- A resident of a rent stabilized hotel room who has
made a request for a lease;
- The landlord does not have a warrant of eviction.
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What can I do?
You can go to the
nearest police station and report that you have been illegally locked out. You
can also go to the Housing Court and start an "illegal lock out case" (Real
Property Actions Proceedings Law §853). Before going to the court, you should
contact Legal Aid or Legal Services to see if you qualify for free legal
representation. If you are not eligible, you may want to contact a private
attorney to assist you in starting the case. Even if you do not have an
attorney, you can still go to Housing Court and speak to the Clerk about
starting an illegal lock out case proceeding. When you go to Court, you should
bring any papers or other items that you have which show that you are a resident
of your apartment/building.
If you believe or suspect that you will be locked out of
your apartment, you should be prepared with the necessary documentation to
establish that you are the lawful occupant of the apartment. Therefore, you may
want to leave copies of whatever papers you have which establish your occupancy
with a friend or relative who does not live in the apartment. You also should
take the documents with you whenever you leave your apartment so that you can
establish to the Police Department and/or the Court that you are the lawful
occupant. Documents that will be useful include, but are not limited to:
- A lease,
- Rent receipts,
- Utility bills or other bills directed to you with
respect to your apartment (telephone, cable, etc.),
- Mail addressed to you or documents issued to you at
your apartment (letters, voter registration card, driver's license, etc.),
- Any documentation of previous harassment by or
conflict with the landlord.
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I received a notice from my landlord. What should I
do?
It depends on what kind of notice you
received.
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What is a Notice to Cure? What should I do?
The Notice to Cure generally provides you with notice that
the landlord considers certain actions to be in violation of your obligations as
a tenant. If the Notice correctly describes conditions in violation of your
obligations and you can fix them within the time provided, cure the condition.
If not, try to get some advice from an attorney or a tenant advocacy group about
your rights. The Notice to Cure is not an eviction case or a court paper.
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What is a Notice of Termination? What should I do?
If you received a Notice of Termination or Notice to Quit,
it is also not a court document. These notices notify the tenant that the
tenancy is terminated and that, if the tenant does not give up the apartment and
move out, the landlord will go to court to seek the tenant's eviction. The
length of the notice depends upon the nature of your tenancy (rent stabilized,
rent controlled, unregulated, weekly or monthly) and/or the terms of your lease.
At the end of the period, if you have not moved, the landlord may not simply put
you out of your apartment. The landlord must start an eviction proceeding and
obtain a warrant of eviction from the Court before you can be evicted.
Thus, if you receive a Notice of Termination and do not
move out of your apartment by the end of the notice period, you should receive a
Notice of Petition and Petition seeking an order evicting you from your
apartment (Holdover Proceeding). DO NOT IGNORE THESE PAPERS. As soon as you
receive those papers, consult with an attorney or go to Housing Court on the
date that the Notice of Petition advises you to appear.
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I owe my Landlord rent and the landlord has demanded that I
pay the rent. What should I do?
This depends on
whether or not you have a lease and upon your reasons for not paying. Remember
that the landlord must go to court and get permission to evict you. You cannot
be evicted without the court's permission. The demand for rent is not a court
paper and is not an eviction case. Generally, the landlord must make a demand
for rent before going to court. If you do not pay the rent, you should receive a
Notice of Petition and Petition seeking an order evicting you from your
apartment for non-payment of rent (Nonpayment Proceeding).
If you are not withholding rent to get repairs, you
should pay the rent in order to avoid being sued. If you do not have the money,
you may want to visit a New York City Human Resources Administration Job Center
to see if you are eligible for emergency assistance. To find the location of the
appropriate Job Center, where you may make an application for emergency
assistance, you can call the HRA information line (877) 472-8411.
If you are withholding rent because your apartment needs
repairs, make sure that you save the money for the rent and keep it in a safe
place, such as a bank account. However, it is not advisable to withhold rent to
get repairs unless you have legal assistance.
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I received a Notice of Petition and Petition, what should I
do?
Do not ignore it. A Notice of Petition and
Petition are court papers for an eviction case. If you do not respond to the
papers, you can be evicted from your apartment.
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If the Notice of Petition and Petition are in a Holdover
Proceeding, what should I do?
You must go to court on
the date stated in the Notice of Petition. This will be your first court date.
It is extremely important that you go to court on that date because if you miss
it, the landlord may be able to get a default judgment of eviction.
At the court, you may answer orally or in writing. Most
tenants without lawyers should answer orally to the Clerk of the Court. The
defenses to a holdover case are very complicated and you should be sure to talk
to the Resource Center in the Housing Court before answering. Security guards in
the courthouse will know where the center is located. At the Resource Center,
you can speak with an attorney who can provide advice about filing an answer and
proceeding with the case. When you answer, a court date should be assigned.
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If the Notice of Petition and Petition or "Dispossess" are
in a Nonpayment Proceeding, what should I do?
You
must go to the Housing Court and "answer" within five days of receiving the
Notice of Petition. An answer is a list of reasons why you believe that the
landlord should not win the eviction case. At the Court, you will have to submit
an answer, either orally or in writing. The Court Clerk will help you and
prepare the answer for you. You should bring the Notice of Petition and Petition
with you to the court.
You should be familiar with appropriate legal defenses
and counterclaims before going to court. Your answer should include all defenses
and counterclaims that may apply to the case. Before going to the courtroom, you
should stop by the Resource Center located in the Housing Court. Security guards
in the courthouse will know where the center is located. At the Resource Center,
you can speak with an attorney who can provide advice about filing your answer
and proceeding with your case.
Although tenants may answer orally or in writing, it is
highly recommended that an unrepresented tenant answer orally. To answer orally,
you should speak with a clerk at the counter who will ask you questions and fill
out a form based on the answers. You will be given a copy of the form once it is
completed. You should read the form to see if the answers are correct. If not,
you should tell the clerk and ask the clerk to change the form. You should bring
a copy of the answer and all other relevant documents with you on the hearing
date.
If you do not go to Court to answer or if you do not
appear in Court on the date that your case is scheduled, the landlord may obtain
a default judgment of eviction against you and you may be evicted from your
home.
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Am I guaranteed a renewal lease in my unregulated
apartment?
Except for rent regulated apartments, a
tenant may only renew the lease with the consent of the landlord. A lease may
contain an automatic renewal clause. In such case, the landlord must give the
tenant advance notice of the existence of this clause between 15 and 30 days
before the tenant is required to notify the landlord of an intention not to
renew the lease. (General Obligations Law §5-905)
Tenants who do not have leases and pay The Department of
Housing and Buildings was an agency of the City of New York responsible for
building inspections and maintaining occupancy records. The agency maintained
historical occupancy records called Initial Inspection cards (more commonly
referred to as "I-cards”) which captured occupancy and arrangement information
based on the initial inspection of the property by the agency and any subsequent
applications filed with that agency during the late 1800s and early 1900s. For
buildings without a Certificate of Occupancy (which was not required until
1938), the " I-cards” have been accepted as the legal record of existing
occupancy as of the last date indicated on the card. The majority of the HPD
I-cards are accessible by entering the building information on the home page of
HPD’s website. After entering the building information, an option to
obtain I-card Images will appear on the left hand side tool bar. Buildings
with I-cards may have more recent legal occupancy records if any lawful
alteration or conversion work was performed in the building after the last date
on the I-card. For information on alterations or conversions conducted since the
last date on the I-card, Department of Buildings records should be consulted,
since a Certificate of Occupancy may have been issued or additional plans may
have been approved. Pursuant to the New York City Charter, if there is both an
I-card and a Certificate of Occupancy for a building, the Certificate of
Occupancy controls as to all matters set forth therein.
rent on a monthly basis are called month-to-month
tenants. In localities without rent regulation, tenants who stay past the end of
a lease are treated as month-to-month tenants if the landlord accepts their
rent. (Real Property Law §232-c) A landlord may raise the rent of a
month-to-month tenant with the consent of the tenant. However, if the tenant
does not consent, the landlord can terminate the tenancy by giving appropriate
notice (Real Property Law §232-b)
In New York City, the landlord must serve the tenant with
a written termination giving 30 days notice before the expiration of the term.
The notice must state that the landlord elects to terminate the tenancy and that
refusal to vacate will lead to eviction proceedings (Real Property Law
§232-a).
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I am a rent stabilized tenant - do I have the right to a
lease renewal?
Although there are some exceptions,
tenants in rent stabilized apartments have a basic right under state law to
select a lease renewal for a one or two year term. The landlord must give
written notice to the tenant of the right to renewal no more than 150 days and
not less than 90 days prior to the end of the lease.
If you have a valid lease and have paid your rent on
time, a landlord cannot evict you. According to state law, a tenant who is put
out of his/her apartment in a forcible or unlawful manner is entitled to recover
triple damages in a legal action against the wrongdoer. Landlords in New York
City who use illegal methods to force a tenant to move are also subject to both
criminal and civil penalties. Further, the tenant is entitled to be restored to
occupancy. (RPAPL §713, ó853).
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Can I share my apartment with a roommate?
Generally yes. If you rented the apartment by yourself, you
may allow your immediate family and one additional person and their dependent
children to move in. However, there are laws to prevent overcrowding in
apartments, and the landlord may limit the total number of people you may move
in to the apartment. If you want to share your apartment, you should continue to
live in the apartment unless you intend to sublet the apartment with the owner's
permission.
You must tell your landlord the name of any new tenants
in your apartment within 30 days from the time that the person moves in, or
within 30 days after a request by the landlord. (Real Property Law §235(f)).
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My landlord raised my rent. I think it is too high. What can
I do?
If your apartment is subject to rent control or
rent stabilization, the New York State Division of Housing and Community Renewal
(DHCR) and the Rent Guidelines Board determine the amount that your landlord may
increase your rent. If you don't know the status of your apartment, you can call
DHCR at (718) 739-6400. DHCR can also answer any questions about whether the
amount of the increase is too high.
If your apartment is not regulated, DHCR does not
regulate your rent. If you have a lease, the legal rent is what it states in the
lease and can be raised only as permitted by the lease or at the expiration of
the lease. If you do not have a lease, the landlord may raise your rent to
whatever amount the landlord wishes, as long as the landlord tells you a month
before the rent increase. If you do not pay the increase, the landlord may evict
you if you received legally adequate notice of the increase.
If you live in public or subsidized housing, increases in
the amount of rent you pay are subject to the regulations for that housing and
are usually related to your family's income.
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Am I entitled to have my apartment painted?
Yes, the landlord must paint occupied apartments in multiple
dwellings (buildings with three or more apartments) every three years. (NYC
Administrative Code §27-2013).
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What is the City's law about lead-based paint?
The City's lead law requires owners of multiple dwellings to
repair all peeling, cracking, scaling, flaking, blistering, chipping, or lose in
any manner paint. The law further requires owners of such buildings to inquire
whether children under the age of seven reside in the building and to visually
inspect their apartments for lead hazards once a year. Lead-based paint
violations must be repaired using safe work practices, within the timeframes
specified by law and HPD rules.
To report peeling paint or other potential lead
violations, tenants may contact the City's Citizen Service Center, open 24 hours
per day, seven days per week, at 311.
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What are the rules about living in basements and
cellars?
Basements and cellars are very different. A
basement is a story partly below curb level but having at least one-half of its
height above the curb level. A cellar is an enclosed space having more than
one-half of its height below curb level.
Basements and cellars of multiple dwellings may not be
occupied unless the conditions meet the minimum requirements for light, air,
sanitation and egress, and have received approval by the New York City
Department of Buildings.
Cellars in private dwellings can NEVER be lawfully rented
or occupied. (A secondary kitchen for accessory cooking may be located in the
cellar so long as approval from the Department of Buildings is obtained prior to
the installation of such kitchen.) Basements in private dwellings can NEVER be
lawfully rented or occupied unless the conditions meet the minimum requirements
for light, air, sanitation and egress, and have received approval by the
Department of Buildings. (Since the rental of a basement in a two-family
dwelling would result in a conversion from a private dwelling to a multiple
dwelling, basements of two-family dwellings may not be rented unless the entire
building is in compliance with the New York State Multiple Dwelling Law.)
Owners with illegally converted basements and cellars may
face civil and criminal penalties. Occupants of illegal basement and cellar
apartments face potential dangers such as carbon monoxide poisoning, inadequate
light and ventilation and inadequate egress in the event of a fire. Occupants of
illegal basement and cellar apartments may be ordered by the City to vacate or
leave any illegal basement or cellar apartment.
For more information and/or complaints concerning illegal
basement or cellar apartments call the City's Citizen Service Center at 311.
Complaints will be directed to the New York City Department of Buildings.
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The landlord says that a carbon monoxide detecting device
must be installed in my apartment and that I must pay for it.
The owner must install a carbon monoxide detecting device in
your apartment. It is your obligation to maintain that device and to replace it
if it is missing or inoperable. The owner can require you to pay $25 to
reimburse the cost of that installation. Some
limited exceptions apply.
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Am I supposed to get my security deposit back?
Yes, at the end of your tenancy, you are entitled to get
your security deposit back with interest. Before returning your deposit the
landlord may check your apartment to determine if you caused any damage. If you
did not cause damage to the apartment, the landlord should return the full
amount of your deposit with interest. If you did cause damage, the landlord is
permitted to deduct the cost of repairing that damage before returning the
balance of your security deposit to you.
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What are my responsibilities as a
tenant?
Tenants must comply with the provisions of
the law and are responsible for violations caused by willful acts, gross
negligence, and abuse. These as well as unreasonable refusal to allow access to
the apartment by the owner or his or her agent or employee for the purpose of
making repairs or improvements required by the Housing Maintenance Code and
Multiple Dwelling Law may constitute grounds for eviction proceedings. Visit the
following links to read the sections of the Housing Maintenance Code on "Duties of tenants" and "Tenant violations as grounds for eviction"
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I see drugs being sold in my building. What can I do?
Tenants in HPD-owned buildings are encouraged to immediately
report all drug activity to HPD's Narcotics Control Unit at (212)
863-7284. To secure buildings from drug dealers and vandals, tenants should ask
the building manager or area office to report
broken locks or intercoms.
Tenants in privately-owned buildings should notify their
building owners and the police of illegal activity in their building. Owners
have an obligation to alert the police to any illegal activity in their
building.
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What should I do if my building
owner is harassing me?
Building owners are prohibited
by law from harassing tenants to force them out of their apartments. Examples of
harassment include verbal or physical abuse, consistent withholding of services,
or persistent physical or mental intimidation.
Tenants in rent regulated apartments who believe they are
being harassed by their building owner may contact the New York State Division
of Housing and Community Renewal (DHCR) Office of Rent Administration. Call 311
or visit DHCR's web site at www.dhcr.state.ny.us.
Tenants who live in buildings that are not rent regulated
who believe they are being harassed may have grounds to initiate legal action in
Housing Court
against their building owners. Tenants may want to consult with and secure the
services of an attorney before initiating any lawsuit. Tenants who cannot afford
legal representation may be eligible for free or inexpensive assistance from the
Legal Aid Society, which may be reached at (212) 577-3300. Tenants may also seek
legal assistance from HPD's Fair Housing
Counselors who offer advice and Housing Court Mediation services. Assistance
is also available at information tables set up in Housing Court.
Can a building owner discriminate against me?
By law, owners may not deny prospective tenants housing
because of race, color, religion, nationality, gender, sexual preference, age,
marital status, disability, immigrant status, or legal occupation. Furthermore,
tenants may not be denied housing because their children are or will be residing
with them.
Tenants who believe they have experienced housing
discrimination may file complaints within one year of the incident by calling
the New York City Commission on Human Rights at 311.
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Can I have pets in my apartment?
Unless the pet can be considered a "service animal" used by
blind, deaf or disabled people, whether pets are permitted is at the discretion
of the building owner and is usually stipulated in the lease. If a tenant keeps
a pet in the apartment without the building owner's permission, it may be
considered a serious violation of the lease and may be a basis for terminating
tenancy. In addition, many animals cannot be kept legally as pets in the City of
New York. For more information on pet regulations, call the Health Department's
Dog License Department at 311.
For
Residential Owners
What programs does HPD offer to help me repair my house or
apartment building?
To qualified homeowners, HPD
offers low interest
rehabilitation loans in neighborhoods throughout the city. The agency also
works with Neighborhood Housing Services (NHS) to offer various loans below
market rate. For more information about these loan programs, call (212)
863-5300, or see our section on loan programs for
building owners.
Owners of apartment buildings requiring systems repairs
such as new plumbing or electrical systems may find assistance through HPD loan
programs such as the Article 8A Loan
Program. Owners of apartment buildings requiring more extensive
rehabilitation may seek financial help from the Participation Loan Program
(PLP). Homeowners should consider the Small Buildings Loan
Program.
HPD's Tax Incentives
Programs provide temporary tax relief for owners who build new housing or
renovate their property.
Once a month, HPD staff travel to a different borough to
host Owners' Night: An Evening
Dedicated to Helping New York City's Property Owners. Learn about the
availability of low-interest loans, free educational courses and free owner
counseling.
If you would like to receive e-mails from HPD with
information for residential building owners, including details about upcoming Owners' Nights, visit the NYC HPD E-mail Update
Subscription Center.
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How often must owners register their buildings with
HPD?
The Housing Maintenance Code requires owners of
multiple dwellings to register their buildings with HPD annually. "Multiple
dwellings" are defined as buildings with three or more dwelling units. One- and
two-family dwellings need not be registered unless the owner lives outside of
the City. In such cases, the building must be managed by a New York City agent
and registered with HPD's Registration
Assistance Unit. Buildings containing six or more dwelling units must be
registered by April 1 of each year, and buildings containing five or fewer
dwelling units must be registered by October 1 of each year. HPD may sue owners
who fail to register their buildings according to the law. Information and
downloadable registration forms are available from the Registration Assistance
Unit which may be reached by calling 311 (311 can be accessed outside of New
York City by dialing (212) NEW YORK).
In addition to registering with HPD, owners of buildings
that contain rent regulated apartments are also required to register individual
rent regulated apartments annually with the State Division of Housing and
Community Renewal (DHCR). For more information, call 311 (311 can be accessed
outside of New York City by dialing (212) NEW YORK).
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How do I correct violations and clear my record?
Building owners may clear their records of violations by
certifying that the violations were corrected within the required time period.
After that time period has passed, building owners may file a Dismissal Request
form with their Borough Code Enforcement
Office. Building owners can also get technical advice from Code Inspectors
in HPD's Borough Code Enforcement offices or from HPD’s Neighborhood
Preservation Offices about how to correct violations in their buildings
or enter into Voluntary
Repair Agreements. Owners and other interested parties can obtain print-outs
of violations for a nominal cost by going to one of the Borough Code Enforcement
offices.
How do I pay Emergency Repair Program (ERP)
charges?
Call (212) 863-6020 to inquire about or
request a copy of the invoice that supports an ERP bill, or to make an inquiry
regarding payments or account balances. All new charges are being billed by the
Department of Finance and must be paid at the Department of Finance. This can be
done by mail, with the appropriate stub from the bill included, or at any of the
five borough City Collectors Offices. In addition, please note that the
telephone number listed above is an automated line with varying selections. As
the message will not repeat itself, please pay careful attention to the
selections given.
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How do I obtain a copy of the housing maintenance
code?
To purchase your copy of the New York City
Housing Maintenance Code and the New York State Multiple Dwelling Laws contact
The City Store (call 311 for information). To see the New York City Housing Maintenance Code online click
here.
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Why are old violations on the site?
You may see violations dating back as far as 1960 on the
site. It is very likely that the conditions may no longer exist, but they will
remain on the official record until there has been either a reinspection by HPD
or a certification by the building owner that the conditions have been
corrected. For example, because it is a fire hazard, it is a violation to keep a
bicycle in the public hallway; it is unlikely that the bicycle is still there
years later, but the violation will appear until either the building owner or
the tenant takes positive action to remove it. Please see the question above on
correcting violations. If owners see violations on record that they know have
been corrected, they can contact their Borough Code Enforcement
office to find out how they can be removed.
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I see drugs being sold in my building. What can I do?
Tenants in HPD-owned buildings are encouraged to immediately
report all drug activity to HPD's Narcotics Control Unit at (212)
863-7284. To secure buildings from drug dealers and vandals, tenants should ask
the building manager or area office to report
broken locks or intercoms.
Tenants in privately-owned buildings should notify their
building owners and the police of illegal activity in their building. Owners
have an obligation to alert the police to any illegal activity in their
building.
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I am an apartment building owner with difficult tenants.
What can I do?
The only legal way a building owner
may evict a nonpaying tenant who refuses to move voluntarily is through a
nonpayment eviction proceeding in Housing Court. Owners must obtain a judgment
of possession and "warrant" directing the sheriff or marshal to evict the
tenant.
Many leases contain "nuisance" provisions that, under
certain circumstances, allow building owners to undertake eviction proceedings
for objectionable conduct. A "nuisance" is generally considered conduct that
threatens the health, safety or comfort of neighboring tenants. To justify
eviction, building owners need to present evidence in Housing Court
demonstrating that a tenant's nuisance behavior was persistent and egregious.
For further information on Housing Court, call the Citywide Task Force on
Housing Court at (212) 982-5512, open Monday through Friday, from 9 a.m. to 5
p.m.
Owners contemplating legal proceedings may wish to
consult with an attorney experienced in housing matters.
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How do I buy an HPD-owned Building?
Many people have expressed interest in buying a dilapidated
building and fixing it up themselves. HPD does not sell buildings in dilapidated
condition to the general public. Occasionally, HPD sells buildings at market
value without City subsidy through the Asset Sales program when
they are in better physical shape. Current tenants in good standing are given
the first opportunity to purchase their building. If the tenants are not
interested or not able to purchase, the building is offered to the general
public through a Request for Offers Process. Those interested may call (212)
863-7630.
HPD also works with community members and non-profits to
convey clusters of buildings to local ownership for rehabilitation and
management through the Neighborhood Entrepreneurs
Program, Neighborhood
Redevelopment Program, Tenant Interim Lease
Program, and the Tenant Ownership
Program.
Information on plans for specific HPD-owned buildings may
be obtained by calling 212-863-8961.
The Department of Citywide
Administrative Services' (DCAS) Division of Real Estate also holds auctions of
vacant land and commercial buildings. For more information, call 311 (311 can be
accessed outside of New York City by dialing (212) NEW YORK).
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How can I tell if I own a Single Room Occupancy (SRO)
building and what regulations apply?
Generally, SRO
units consist of one or two rooms that either lack complete kitchen and/or
bathroom facilities or share them with other units. SRO units are often
furnished, and rent is usually paid weekly or monthly.
SRO buildings are subject to some regulations to which
other residential buildings are not. For example, SRO buildings must provide one
toilet, one washbasin and one bath or shower for every six SRO units. In
addition, every floor where tenants reside must have bathroom facilities. Each
room has a maximum occupancy of two adults, no residents may be younger than 16
years old, and each sleeping room must have at least one window that faces
outside. Building managers of SROs are required to reside in the building. The
NY State Division of Housing and Community Renewal (DHCR) regulates rents for
most SRO buildings. For more information on regulations governing SROs, call
HPD's SRO Compliance
Unit at (212) 863-8515.
SRO building owners who wish to alter the number of
rooms, transform rooms into apartments or alter the number of kitchen and
bathroom facilities must first receive a Certificate of No Harassment from HPD.
For more information, view the regulations regarding Certificates of No
Harassment or call HPD's Housing Litigation Division at (212) 863-8266.
How can I avoid taking a bad loan?
You want to get the best possible loan; but there are
lenders out there who want sell you a dishonest or predatory loan. Predatory
loans harm borrowers by making it difficult or impossible to keep up with
payments. Borrowers may pay unnecessary fees and excessive interest charges.
Predatory lenders prey on people who are unfamiliar with the banking system.
They target seniors, minorities, or anyone whose credit makes it hard to get a
regular bank loan. Predatory loans take advantage of borrowers with a variety of
abusive practices and:
- Target people of color, elderly and disabled people
for high-cost loans;
- Charge excessive interest rates and higher fees;
- Keep secret the true costs and terms of the loan;
- Approve a loan without considering a person's ability
to repay;
- Convince borrowers to refinance frequently (or "flip")
the loan;
- Carry terms that make it difficult for the borrower to
refinance later.
What are the danger signs of a predatory loan?
- High bank fees (call competitors and comparison shop)
- Balloon payment (a lump sum due at the end of the term
of the loan);
- A loan is based on your home equity rather than your
income;
- Credit life insurance added to the loan
Don't gamble with your biggest asset. Call 311 and get
good advice.
How can I avoid deed scams?
Homeowners facing foreclosure do have options, and must be
careful to avoid foreclosure scams. So called "bailout specialists" tell you
that, for a fee, you can deed your home to the bailout specialist and then rent
it back. The bailout specialist takes the money, does not arrange for the short
sale, and does not make any payments on the mortgage. The end result is that
your home loan payments are not made and the mortgage goes into foreclosure,
without you being aware of any fraud. Before you sign anything, call 311 and
learn the facts and your options.
How can I avoid home repair contractor scams?
Many homeowners - especially seniors- are targeted by scam
artists who use high pressure tactics to sell unneeded and overpriced contracts
for "home improvements." Often these scam artists charge more than their quoted
prices or their work does not live up to their promises. When the homeowner
refuses to pay for shoddy or incomplete work, the contractor or an affiliated
lender threatens foreclosure on the home. Home improvement contractors use
several methods of targeting owners: high pressure phone calls, flyers,
advertisements, and door-to-door sales. Unscrupulous contractors often employ
one or more of the following sales tactics:
- "bait and switch" - offering low prices for installed
items like windows and home siding, and then telling the owner the item is out
of stock and can only be replaced with a high-priced substitute;
- misrepresenting the urgency of a needed repair
- claiming the item is more expensive than advertised
because it has to be "custom made" to fit the consumer's home;
- misrepresenting that the consumer is receiving a
discount because the home is selected to model the repair when, in reality,
the consumer is paying market price or more;
- misrepresenting the energy savings, health benefits,
and value added to the home;
- misrepresenting the terms on which financing is likely
to be arranged.
Unscrupulous contractors often use deceptive tactics
to hide the true cost of paying for the work. These tactics may include:
- using more than one contract for a single repair in an
attempt to confuse the home owner;
- claiming that there is a "cash" contract that doesn't
contain financing terms although the deal is intended to be financed;
- adding extra hidden charges above the negotiated
price;
- providing expensive (high rate) financing or arranging
with a third party to finance the work;
- obtaining hidden kickbacks from lenders or loan
brokers for referrals.
Once the contractor has the downpayment in hand, or if
you give the contractor full payment up-front, they may disappear. To guard
against this, call the Better Business Bureau beforehand to see if they have
registered any complaints on the contractor, and check with Consumer Affairs
about whether the contractor is licensed. Also, pay in installments, when the
work is completed to your satisfaction.
Don't be scammed.
If you are unsure about the deal offered by a home repair contractor, call
311.
What is an I-card and how can I obtain one?
The Department of Housing and Buildings was an agency of the
City of New York responsible for building inspections and maintaining occupancy
records. The agency maintained historical occupancy records called Initial
Inspection cards (more commonly referred to as "I-cards”) which captured
occupancy and arrangement information based on the initial inspection of the
property by the agency and any subsequent applications filed with that agency
during the late 1800s and early 1900s. For buildings without a Certificate of
Occupancy (which was not required until 1938), the " I-cards” have been accepted
as the legal record of existing occupancy as of the last date indicated on the
card. The majority of the HPD I-cards are accessible by entering the building
information on the home page of HPD’s website. After entering the building
information, an option to obtain I-card Images will appear on the left hand side
tool bar. Buildings with I-cards may have more recent legal occupancy
records if any lawful alteration or conversion work was performed in the
building after the last date on the I-card. For information on alterations or
conversions conducted since the last date on the I-card, Department of Buildings
records should be consulted, since a Certificate of Occupancy may have been
issued or additional plans may have been approved. Pursuant to the New York City
Charter, if there is both an I-card and a Certificate of Occupancy for a
building, the Certificate of Occupancy controls as to all matters set forth
therein.
Can I refinance a mortgage for a home purchased through
the Partnership New Homes Homeownership Program or the Nehemiah Program?
Yes. HPD will refinance and subordinate to a new first
mortgage if:
- A homeowner sells or refinances his/her home up to the
subsidized purchase price of the home and
- HPD remains in second position behind your first
mortgage
Click here for information about the Mortgage Services
Request Procedure.
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What must building owners provide to the Red Cross in the
event of a building-wide emergency such as a fire or vacate order?
Owners of residential buildings must provide the names and
apartment numbers of all legal tenants in occupancy to emergency staff in the
event of a building-wide emergency, such as a fire or vacate order issued by the
Department of Buildings, Fire Department or HPD Code Enforcement. HPD's
Emergency Housing Services Bureau assists displaced tenants with temporary
housing at one of four family centers or at Red Cross-contracted hotels and
facilities.
For
Developers
How do I buy an HPD-owned Building?
Many people have expressed interest in buying a dilapidated
building and fixing it up themselves. HPD does not sell buildings in dilapidated
condition to the general public. Occasionally, HPD sells buildings at market
value without City subsidy through the Asset Sales program when
they are in better physical shape. Current tenants in good standing are given
the first opportunity to purchase their building. If the tenants are not
interested or not able to purchase, the building is offered to the general
public through a Request for Offers Process. Those interested may call (212)
863-7630.
HPD also works with community members and non-profits to
convey clusters of buildings to local ownership for rehabilitation and
management through the Neighborhood Entrepreneurs
Program, Neighborhood
Redevelopment Program, Tenant Interim Lease
Program, and the Tenant Ownership
Program.
Information on plans for specific HPD-owned buildings may
be obtained by calling 212-863-8961.
The Department of Citywide Administrative Services'
(DCAS) Division of Real Estate also holds auctions of vacant land and commercial
buildings. Please call 311 for information.
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What is the 80/20 Program?
The
80/20 Program, sponsored by the New York State Housing Finance Agency, the New
York City Housing Development Corporation (HDC) and the New York City Department
of Housing Preservation and Development (HPD), uses tax-exempt bonds to create
affordable housing for low-income tenants in generally desirable locations
throughout the city. The use of tax-exempt bonds to finance the construction of
large residential buildings in the city greatly reduces costs. In exchange for
the low-cost financing, 20% of the apartment units are reserved for low-income
tenants earning no more than 50% of area median income. See Low
Income Housing Tax Credit Rent and Income Limits
The apartments are not necessarily labeled "80/20" in
advertisements, but would say "affordable housing."
For
Vendors
How do I register as a prospective bidder or
proposer?
HPD, like all City agencies, uses the
Citywide Bidders list, maintained by the Mayor's Office of Contracts Services
(MOCS), to obtain the names of vendors to whom solicitation notices will be
mailed. You may go to the Vendor Enrollment Center to obtain the application and
learn where to send your completed form. Once you register with the Vendor Enrollment Center (VEC), you will receive a card
in the mail when HPD (or any other City agency) is publicly soliciting for bids
or proposals for the type of work your company does. You will also be eligible
to participate in solicitations that are not publicly advertised.
In addition, HPD maintains Pre-qualified Lists (PQL) for
certain construction/service trades. Prequalification allows an agency to
evaluate the qualifications of vendors for particular categories of work before
issuing a solicitation. Only those firms that meet the pre-qualification
standards can participate in solicitations for that category of work.
Applications may be obtained by calling HPD's Contractor Compliance Unit at
(212)-863-7815.
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What is the difference between a bid and proposal?
Bids, formally known as Competitively Sealed Bids (CSB),
refer to a contracting method in which sealed bids are publicly solicited and
opened and a contract is awarded to the lowest responsive, responsible bidder.
Proposals, formally known as Competitively Sealed Proposals (CSP), refer to a
contracting method in which a solicitation is made through a Request for
Proposal (RFP), and between receipt of proposals and award, discussions with
vendors may take place, which may result in price changes.
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What if my bid or proposal is late?
It is your responsibility to ensure that your bid is
delivered by the due date and time. Late bids are not accepted. A late bid will
be returned to the bidder unopened and will not be considered for award.
Late Proposals will not be accepted by HPD, except as
provided under New York City's Procurement Policy Board Rules (PPBR).
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Is there a charge for bid or proposal documents?
Yes, there is a fee for bid packages in some cases. The
solicitation card notice and City Record advertisement will indicate the fee, if
any. We do not charge a fee for Request for Proposal documents.
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Can I obtain bid or proposal documents on-line?
HPD currently posts only Requests for Proposals through
on-line City Record notices.
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When is bid security required for a bid?
Bid security (in the form of a Bid Bond or a certified
check) is required for construction contracts and is usually required to be 5%
of the total price bid for the Contract. The bid security requirement is always
specified in the 'Information for Bidders' package. If Bid security is required,
then performance security in the form of Payment and Performance Bonds will also
be required. For construction related services or service contracts, bid
security is sometimes, although rarely, required.
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My firm responded to an RFP a few months ago but we have not
yet been notified if we have been selected. What does this mean?
The evaluation and selection process can take a number of
months to complete. You can be assured that as soon as the process is completed,
all firms will be notified.
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Who selects the winning proposal?
All proposals are reviewed by an Evaluation Committee
comprised of at least three (3) HPD employees with knowledge, expertise and
experience sufficient to conduct fair and reasonable evaluations. Proposals are
evaluated numerically based on criteria described in the RFP, and the scores are
then compiled by the Committee Chair. Cost proposals are then opened and using
the "Basis for Contract Award' criteria set out in the RFP, a recommendation is
then made to HPD's Agency Chief Contracting Officer (ACCO), who makes the final
selection.
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My firm proposed on an RFP where our price was very
competitive, yet we were not selected. How can that be?
Cost is just one factor in selecting a consultant for HPD
work. Pursuant to the basis for award set forth in RFPs, a contract may be
awarded to the qualified proposer whose proposal will be the most advantageous
to the City, based on the evaluation factors set forth in the RFP and taking
price into consideration. RFPs differ from Competitive Sealed Bids in that
proposals are not necessarily awarded to the proposer with the lowest cost.
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My firm's proposal was not selected as a winner. Can we meet
to review how we were evaluated? Can we review the proposal of the winning
firm?
It is possible to meet to discuss your
proposal, but only after the contract has been awarded. The discussion can only
focus on the strengths and weaknesses of your proposal; no other proposals can
be reviewed.
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How long does it take for a contract to be awarded?
The timeframe does vary, but generally the process takes 4
to 6 months from the bid opening date in the case of Competitively Sealed Bids,
or, in the case of Competitively Sealed Proposals, 6 to 9 months, maybe more,
from the time your proposal is selected until you can start work.
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Why so long?
As you might expect,
there are many approvals that need to be received before finalizing a contract.
While some, like Vendex and Department of Labor Services, can occur
concurrently, others cannot and are outside the authority of the HPD.
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Our proposal was selected for award / We were selected as
the winning proposers. When can we start working?
All
contracts must be registered with the New York City's Comptroller's office. Once
registered, a Notice to Proceed (NTP) letter will be issued to your firm
indicating when you can commence work.
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What kind of insurance do I need to maintain?
Insurance in most cases is required as part of your
contractual obligation or in order to maintain active status on an HPD PQL. In
general, all required insurance policies are to be maintained with companies
that may lawfully issue the required policy and have an A.M. Best rating of at
least A-VII or a Standard and Poor's rating of at least AA. All insurance
policies must be valid/maintained for at least one (1) year.
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I'm a small contractor, do I need to go through the formal
bidding process to do work with HPD?
No. HPD uses the
Citywide Bidders List for what is known as "Small Purchases" where a list of
randomly selected vendors is generated and bid solicitations are sent directly
to those vendors identified. In the case of certain construction and service
trades where HPD maintains a Pre-Qualified List (PQL), vendors from the PQL are
also randomly selected to participate. The City's Small Purchase limit is
currently set at $100,000.
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Once my firm is Pre-qualified, do we have to provide any
other information to HPD?
Yes, once annually you must
affirm that there have been no changes in information included in your original
Pre-qualification questionnaire. Additionally, if your firm fails to respond to
three (3) consecutive solicitations, it will be deemed to have withdrawn from
the PQL (a response of "no bid" shall be considered a response to the
solicitation).
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I have heard about a contracting opportunity at HPD but have
not seen it advertised. Why is that?
There are two
circumstances under which HPD solicitations would not be advertised: if the work
was solicited through a PQL; or if the solicitation is for work valued at
$100,000 or less.
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I am registered with the Citywide Bidders List but haven't
received any solicitations?
Registration with the
Citywide Bidders List does not automatically qualify you for inclusion on any
particular PQL. You must go through a specific application process to be
eligible to participate in work solicited through a PQL. Additionally, for work
valued at $100,000 or less, agencies use the Citywide Bidders List through a
random solicitation process of a limited number of firms, in which case your
firm may or may not be selected.
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What is VENDEX and how can I obtain the forms?
VENDEX is the City's automated 'Vendor Information Exchange
System' and is one of the resources the City uses to make well-informed
decisions when selecting a vendor. . Prospective vendors are required to
complete VENDEX Forms (Vendor and Principal Questionnaires), which elicit
background information from vendors who wish to bid on all contracts and
subcontracts valued at $100,000 or more, sole source contracts valued at $10,000
or more and/or whose aggregate business with the City in the preceding twelve
(12) months totals $100,000 or more. You may obtain VENDEX forms here.
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What is the Procurement Policy Board and how can I obtain
the current Rules?
The Procurement Policy Board is
the body which sets procurement policy for all City agencies. Its members are
appointed by the New York City Comptroller and the Mayor. The Rules of the
Procurement Policy Board (PPBR) govern the procurement of goods, services and
construction within the City. You may obtain a copy of the Rules here.
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What is Backup Withholding?
Under
IRS regulations, the City of New York is required to withhold 28% Backup
Withholding from vendors that have missing or incorrect names or Taxpayer
Identification Numbers (TIN) in the Financial Management System (FMS). In order
to meet this mandate, a Backup Withholding process was developed for FMS that
automatically withholds the required 28% from 1099 reportable payments and
transmits the withheld amount directly to the IRS.
If vendors with whom HPD does business are subject to
backup withholding, they will be receiving a "B" notice that will notify them of
their status. If they fail to respond within 30 days, all future checks issued
from the City will be issued in the reduced amount. The vendor will then have to
work with the IRS directly to obtain information related to claiming the
withheld amounts. Vendors can avoid the automatic reduction by completing and
returning the "B" notice according to the instructions enclosed with the
document. Please do not send the return document to HPD.
You should also be aware that HPD personnel will not be
able to make any changes to a vendors status nor change the backup withholding
effect on the payment process. The process is outside of HPD's control.
Vendors and agencies can contact the Comptroller's Backup
Withholding Hot Line with questions about Backup Withholding at (212)
669-8233.
More
FAQs
What is the best way for architects to get involved in the
New Housing Marketplace plan?
Pair with a developer. Developers hire architects; the New
York City Department of Housing Preservation and Development does not hire
architects.
Keep up to date on HPD projects by checking the agency's
website to
see what RFPs/RFQs are currently outstanding. If the architect is working with
developers/property owners and/or has knowledge of specific sites or projects
that might need funding, he/she should contact Division of Neighborhood
Planning, at (212) 863-6800.
Architects may also want to contact HPD's Office of
Deputy Commissioner of Community Partnerships at 212-863-5128 for information
about the agency's programs and how to get involved in them.
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What is the procedure for requesting motion picture /
television film permits?
HPD only offers vacant
properties for filming. All reasonable requests by companies and individuals
with valid permits from the Mayor's Office of Film, Television and Broadcasting
are facilitated without any expense to the production. Prior to granting any
scouting requests, HPD requests that the scout transmit a copy of their
scouting/film permit as well as a letter describing the project with relevant
dates and requesting a scouting appointment to Juan Rosario, HPD Film Liaison,
100 Gold Street, Office 6-T, New York, NY 10038. As long as there are no
impediments for using the location, HPD will coordinate a scouting appointment
and send a letter detailing the arrangements to the necessary parties. Under no circumstances is permission given without a copy of
the applicable permit from the Mayor's Office of Film, Television and
Broadcasting.
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How can I get a job at HPD?
For
HPD postings, visit this site's job postings page. To
view a listing of all available City jobs, including those at HPD, visit www.nyc.gov or go to 100 Gold Street in Manhattan, room
8B.
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How can I work as a volunteer with HPD?
There are many volunteer positions available for
community-oriented individuals seeking a challenging way to give back to New
York. People interested in volunteering may send a letter and resume to HPD,
Human Resources, 100 Gold St., New York, NY 10038, Room 8A, Volunteers Unit.
Include an explanation of what you would like to do, how much time you have,
your home address and your daytime area code and phone number.
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How do I review or
obtain copies of HPD documents?
The following
documents are available on-line:
• Registration
Statements,
• Emergency Repair Charges,
• Maps,
• Complaint Status,
• Carbon Monoxide Installation Certificate,
• All Open Housing Code Violations, and
• Images of Certain Multiple Dwellings.
Click here
Pursuant to the Multiple Dwelling Law §328(3),
computerized violation files printed directly from HPD Online may be used in
Housing Court proceedings. There is no need to have these documents certified as
true under the seal and signature of the HPD Commissioner.
For documents not otherwise available on line
you can submit a request by regular mail or by fax to:
FOIL UNIT
HPD 100 Gold Street, Room 5-U9
New
York, NY 10038
FAX 212-863-8375
Click here
for information about making a FOIL request by e-mail.
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