Local Law 44/Transparency Law Compliance  

In 2012, the City Council passed Local Law 44 which requires HPD to make information available on its website about certain housing development projects receiving City financial assistance.   In turn, for projects where this law applies, HPD is requiring developers to gather and submit to HPD the information on the date of closing and again with new and updated information on every January 30 and July 30 thereafter (commencing on whichever date is the first to occur after closing) until completion of construction or  permanent loan closing.    

The information, found here, must be submitted in the form to be provided by the HPD Development Project Manager.  HPD Development Project Managers will be the primary contact for developers submitting information.  Detailed instructions on how to complete the spreadsheet may found here.

The law may be found here.   

Please email any questions about Local Law 44 to locallaw44@hpd.nyc.gov.

Final publication of amendment to rules pertaining to fees for administration of loan programs and certain other municipality-aided projects.

Final Rule Summary:

The rule increases the mortgage refinance fee to better reflect the cost to the HPD of providing this service.

The final rule can be found here.  

Opportunity to comment on proposed rules relating to the issuing of orders for repair of underlying conditions in buildings.

The proposed rule can be found here.

Final Rule Summary:

The rule excludes Mitchell Lama tax exemptions from the definition of "Public Funding" contained in Section 23-911 of the Zoning Resolution, thereby making properties with such exemptions eligible to receive more bonus floor area than is currently allowed.

The proposed rule can be found here.

Amendments to Rules Relating to the Alternative Enforcement Program

Under the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies distressed buildings in need of repair and systems replacement, and monitors progress by owners towards correction of Housing Maintenance Code violations, or undertakes correction of the violations itself.  The New York City Council recently amended Administrative Code §27-2153 to authorize HPD to set the criteria used to select buildings for the program.  As a result, HPD is amending the AEP rules to include these new criteria.  The selection of the criteria is based upon five years of experience in enforcing the AEP.  The new criteria are intended to better target buildings likely to benefit from inclusion in the AEP, use agency resources more effectively to improve the positive outcome for these buildings, increase the cost effectiveness of the AEP, and prevent buildings from reentering the program at a later date.  An analysis of the effect of selection criteria on the inventory of buildings entering the program is set forth in HPD's report entitled, "The Alternative Enforcement Program: 5 Year Report: 2007-2012," available on HPD’s website.  New criteria will be used for identifying buildings for participation in the program beginning January 31, 2013. 

The proposed amendments can be found here, and the Alternative Enforcement Program 5 Year Report can be found here.  

 Amendments To Rules Relating To Carbon Monoxide Detecting Devices And Systems In Multiple Dwellings And Private Dwellings Final Rule.

Subject: The New York City Council recently enacted Local Law #75 of 2011 amending sections 27-2046.1 and 27-2046.2 and adding a new Article 12 to Chapter 3 of Title 28 of the New York City Administrative Code relating to carbon monoxide detecting devices.  The legislative amendments require replacement of such devices by owners when the suggested useful life of the device expires.  As a result, the Department of Housing Preservation and Development amended its rules relating to carbon monoxide detecting devices to conform with the new requirements in the law.

The rule, effective June 2, 2012, can be found here.

Foreclosure Notification: Local Law 4 of 2012

In February 2012, the New York City Council enacted Local Law 4 of 2012 requiring mortgagees (i.e., lenders) to notify the Department of Housing Preservation and Development (HPD) within fifteen days when they do any of the following: commence a mortgage foreclosure action against any residential property in New York City; discontinue a mortgage foreclosure action; receive a judgment in a foreclosure action against residential property; or sell the foreclosed property. Additionally, mortgagees must notify HPD when a receiver is appointed, when a receiver hires a managing agent, or when a property maintenance company is hired.

This law went into effect June 15, 2012. The information that must be reported is described here.

The legislation can be found here. 

 The monthly report and quarterly reports required under Local Law 4 can be found here. 

HOW TO SUBMIT

New 4/8/13: All submissions must now be entered into the website found here

The website is available immediately.  The Microsoft Word form which was previously in use will no longer be accepted. 

Using the website

All organizations using the website must log-in using only one e-mail address so that all the organizations’ submissions will be accessible upon log-in. If your organization needs to consolidate multiple addresses used to date, please e-mail Donna McDew Brinson at BRINSOND@hpd.nyc.gov.

If users have previously submitted local law 4 forms via e-mail, those submissions will be accessible upon logging on to the new website. In some cases, there may be a lag as some older submissions are still being data entered by HPD.

Detailed instructions on how to format batch submissions and definitions of key terms can be found here. This method of submission is recommended for organizations with a high volume of submissions.  Please note the new “Batch Upload” link on the left side of the homepage.

If you have questions about Local Law 4, leave a message at 212-863-8128 or e-mail locallaw4@hpd.nyc.gov.