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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