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NYC Department of Housing Preservation & Development

Agency Rulemaking Actions

 014-2015 Regulatory Agenda

The Department of Housing Preservation and Development’s 2014-2015 Regulatory Agenda can be found here.


 

NOTICE OF ADOPTION OF RULES GOVERNING CITY-AIDED LIMITED-PROFIT HOUSING COMPANIES

 Notice is hereby given that pursuant to the authority vested in the Commissioner of the Department of Housing Preservation and Development by §1802 of the New York City Charter and Sections 32(3) and 32-a of the Private Housing Finance Law, and in accordance with the requirements of § 1043 of the New York City Charter, that the Department of Housing Preservation and Development  is adopting rules for City-Aided Limited-Profit Housing Companies.  A public hearing was held on November 6, 2013 and the public comment period was held open through November 30, 2013.

The rule can be found here


Proposed Rules Regarding Relocation Services

The following rules repeal former §18-01 of Title 28 and provide for a new §18-01 regarding the Department of Housing Preservation and Development (HPD) providing relocation services. Tenants who live in dwelling units that are the subject of a vacate order by a City agency may be eligible to receive relocation services, such as temporary shelter, moving expenses, and storage services.

The proposed rules:

  • Update and clarify eligibility for such services; 
  • Set forth the requirements for relocated persons to continue to be eligible for them; and
  • Outline the circumstances under which such services may be terminated.

The proposed rule can be found here.

Proposed Rules Regarding a Housing Information Guide for Tenants and Owners

 The proposed rule implements New York City Administrative Code section 26-1103, which was recently enacted by Local Law 45 of 2014.  Section 26-1103 requires owners of multiple dwellings to post a notice in a conspicuous place within view of the area in the multiple dwelling to which mail is delivered regarding the availability of a housing information guide for tenants and owners.  The law authorizes the Department of Housing Preservation and Development to determine the form of the required notice.

The proposed rule can be found here.


 Adoption of Amendments to Rules relating to Successor Tenants in City-owned Buildings and the Tenant Interim Lease Program.

The adopted rule amends HPD’s rules regarding successor tenants in City-owned buildings as well as the rules regarding the TIL Program. The amendments delete references to agency divisions that no longer exist and clarify that HPD’s successor tenant rules apply to buildings that are in the TIL Program, in addition to the other City-owned buildings under HPD’s jurisdiction.

Effective Date: November 15, 2014

The adopted rule can be found here.


Adoption of Amendments to Rules Relating to the Campaign Finance Act

The adopted rule amends section 38-03 of the Campaign Finance Act (“Act”) rules relating to business dealings with the City. The Act authorizes the Department of Housing Preservation and Development (HPD) to disseminate rules that clearly state which categories of actions, transactions and agreements providing affordable housing do, and do not, constitute business dealings with the City of New York for purposes of the Act. Entities engaging in actions, transactions and agreements that do not constitute business dealings with the City are not subject to disclosure requirements or to the campaign contribution limitation set forth in the Act. The proposed amendment clarifies that individuals and entities receiving grants or loans consisting of Community Development Block Grant–Disaster Recovery funds will not be considered to be doing business with the City for purposes of the Act, and so will not be subject to the Act’s disclosure and contribution requirements. The proposed rules were published in the City Record on July 31, 2014. A public hearing was held on September 4, 2014.

Effective Date:  October 19, 2014

The adopted rule can be found here.

 


Amendments to Rules Relating to the Third Party Transfer Program 

 

 The proposed rule amends sections 8-06 and 8-07 of the Third Party Transfer program rules (Title 28 RCNY Chapter 8).  Section 8-06 of the rules describes how HPD evaluates tenants’ progress toward ownership of a residential building that is subject to an in rem foreclosure judgment, when a Third Party sponsor has submitted a tenant ownership application on their behalf.  Section 8-07 describes how HPD determines whether to approve a transfer of a building from a Third Party to tenants. The proposed amendments modify sections 8-06 and 8-07 to provide more specific guidance regarding evaluation of progress towards tenant ownership. The amendments make clear that tenants must have continuously resided in the building after its conveyance to the Third Party in order to be eligible for a transfer of ownership.  The amendments also provide that at least 80% of such tenants must have expressed interest in ownership through subscriptions to buy units.  The amendments clarify that among the factors that HPD may consider in making its determination for tenant ownership is whether the building can be financially viable as a limited equity cooperative.  Finally, the amendments provide more flexibility in the timing of training for tenants and for determining the end of the interim evaluation period. 

The adopted rule amendments can be found here.  


Adoption of Amendments to Rules Relating to the Alternative Enforcement Program

Under the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies the most distressed buildings in need of repair and systems replacement, and monitors the progress of owners towards correcting Housing Maintenance Code violations or corrects the violations itself.  Pursuant to section 27-2153 of the New York City Administrative Code, HPD is authorized to revise the criteria used to select buildings for participation in the program and does so in Chapter 36 of Title 28 of the Rules of the City of New York.
 
The adopted rules amend those criteria to increase the look-back period from three years to five years for violations and paid or unpaid emergency repair charges.  The look-back period is the interval of time in the past during which violations or charges accrued for the purposes of identifying buildings for participation in the AEP.  The increase would apply beginning in the eighth year of the program.

Distress in a building can be acute or the result of a long period of neglect.  The current look-back period allows HPD to identify buildings experiencing acute or short term distress.  The adopted changes allow HPD to also include in the AEP buildings experiencing a slow but steady decline in conditions over time. The changes will also increase the cost effectiveness of the AEP by addressing conditions before they become acute and more expensive to correct.  

Effective Date:  November 26, 2014

The adopted rule can be found here.


 

. NOTICE OF ADOPTION OF RULES GOVERNING TAX EXEMPTION UNDER §421-a OF THE REAL PROPERTY TAX LAW OF THE STATE OF NEW YORK

Notice is hereby given that pursuant to the authority vested in the Commissioner of the Department of Housing Preservation and Development by §1802 of the New York City Charter and Section 421-a of the Real Property Tax Law ("421-a Program"), and in accordance with the requirements of §1043 of the New York City Charter, the Department of Housing Preservation and Development is amending its rules governing the 421-a Program.

The adopted rule can be found here.


 Final Publication of Rules relating to Installation of Smoke Alarms

The adopted rule implements amendments to Administrative Code §§ 27-2045 and 27-2046 which require owners of residential dwellings to install smoke detectors in dwelling units. The amendments require that all smoke detectors installed after the effective date of the law be the type that uses a non-removable, non-replaceable battery that powers the alarm for a minimum of ten years, and which sounds an audible notification at the end of the useful life of the alarm. The law requires that where a smoke alarm was installed prior to the effective date and the useful life of the alarm is not known, that it be replaced with the newly required model within seven years of the effective date of the law. The law further permits an owner to collect a maximum of twenty-five dollars, or a maximum of fifty dollars where a combined smoke and carbon monoxide detecting device is installed for the cost of providing and installing each device. The occupant has one year from the date of the installation to make the reimbursement.

The adopted rule can be found here.


Adoption of Rules Regarding Temporary Posting of Emergency Information

The adopted rule implements section 27-2051.1 of the New York City Administrative Code, which requires owners of residential dwellings to post a temporary notice with emergency information in the common area of the building prior to the arrival of a weather emergency, a natural disaster, or after being informed about a utility outage that is expected to last for more than 24 hours. The sign must be removed after the weather emergency, natural disaster, or utility outage has ended. The law requires that the Department of Housing Preservation and Development publish a template that may be used by residential buildings for this purpose. The adopted rule provides such a template.

The adopted rule can be found here.


 Adopted Amendments to Rules Governing Tax Exemptions under Real Property Tax Law Section 489 

Real Property Tax Law §489 (“J-51”) authorizes municipalities to enact local laws providing a reduction in real property taxes as an incentive to rehabilitate multiple dwellings. The City of New York has enacted such a local law in Administrative Code  §11-243.  HPD determines eligibility for J-51 tax benefits and is adopting amendments to Chapter 5 of Title 28 of the Rules of the City of New York (the "J-51 Rules") in order to implement recent amendments to State and local law, Chapter 4 of the Laws of 2013 and Local Law Number 48 of 2013.  The adopted amendments also reflect programmatic changes in application requirements.

The proposed amendments can be found here.


 Local Law No. 44 (aka The Transparency Law)

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. (For convenience, the M/WBE initiative instructions are also included.)

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:f

 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  


 Final publication of rules relating to the issuance of orders for repair of underlying conditions in buildings.

Final Rule Summary:

The rule sets criteria for issuance of orders to correct certain conditions in buildings and specifies the process for an owner to have the building removed from the program through submission of proof of correction of such conditions and related violations.

The proposed rule can be found here.


Final publication of change to Section 23-90 (Inclusionary Housing) definition of Public Funding

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 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

Local Law 44/Transparency Law Compliance  Mitchell Lama Rule Amendments Notice of Extended Comment Period Amendments to Rules Governing City-Aided Limited-Profit Housing.  

 

nder the Alternative Enforcement Program (AEP), the Department of Housing Preservation and Development (HPD) identifies the most distressed buildings in need of repair and systems replacement, and monitors the progress of owners towards correcting Housing Maintenance Code violations or corrects the violations itself.  Pursuant to section 27-2153 of the New York City Administrative Code, HPD is authorized to revise the criteria used to select buildings for participation in the program and does so in Chapter 36 of Title 28 of the Rules of the City of New York.

The proposed rules amend those criteria to increase the look-back period from three years to five years for violations and paid or unpaid emergency repair charges.  The look-back period is the interval of time in the past during which violations or charges accrued, for the purposes of identifying buildings for participation in the AEP.  The increase would apply beginning in the eighth year of the program.

Distress in a building can be acute or the result of a long period of neglect.  The current look-back period allows HPD to identify buildings experiencing acute or short term distress.  The proposed changes will allow HPD to also include in the AEP buildings experiencing a slow but steady decline in conditions over time. The changes will also increase the cost effectiveness of the AEP by addressing conditions before they become acute and more expensive to correct.

  The proposed amendments 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 the most distressed buildings in need of repair and systems replacement, and monitors the progress of owners towards correcting Housing Maintenance Code violations or corrects the violations itself. Pursuant to section 27-2153 of the New York City Administrative Code, HPD is authorized to revise the criteria used to select buildings for participation in the program and does so in Chapter 36 of Title 28 of the Rules of the City of New York.

The proposed rules amend those criteria to increase the look-back period from three years to five years for violations and paid or unpaid emergency repair charges. The look-back period is the interval of time in the past during which violations or charges accrued, for the purposes of identifying buildings for participation in the AEP. The increase would apply beginning in the eighth year of the program.

Distress in a building can be acute or the result of a long period of neglect. The current look-back period allows HPD to identify buildings experiencing acute or short term distress. The proposed changes will allow HPD to also include in the AEP buildings experiencing a slow but steady decline in conditions over time. The changes will also increase the cost effectiveness of the AEP by addressing conditions before they become acute and more expensive to correct.

The proposed amendments can be found here.

 


 

 

 





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