Agency Rulemaking Actions

Every year, City agencies make over 100 changes or additions to the City rules that are an important way in which government interacts with the public. To review proposed rules and voice opinions before the rules are adopted into law, visit NYC Rules. To review HPD's rulemaking actions, see the 2016-2017 Regulatory Agenda and rules below (click on headings for full rules).

Proposed Rule 

Rule Amendments Regarding  Inclusionary  Housing Units and Real Property Tax Law Section 421-a(1)-(15) Benefits  in the Geographic Exclusion Area
 
HPD’s proposed rule amendments to Chapter 6 of Title 28 of the Rules of the City of New York would prohibit affordable inclusionary housing units generating zoning bonuses for multiple dwellings on different zoning lots from qualifying a multiple dwelling in the Geographic Exclusion Area that commenced construction on or before December 31, 2015 for 421-a benefits. This restriction would not apply if the affordable inclusionary housing units are in a development involving several zoning lots reviewed and approved as a single unit pursuant to the Zoning Resolution.

Hearing Date: November 13, 2017


Rule Amendments Regarding Certification of Costs for J-51 Benefits 

HPD’s proposed rule amendments would conform the proof of the applicant's actual expenditures required as part of the application for J-51 benefits to the relevant professional standards for Certified Public Accountants. The proposed amendments would allow Certified Public Accountants to provide HPD with satisfactory evidence of the J-51-related cost of construction while avoiding any conflict with professional standards by using terms consistent with the relevant professional standards for “attest engagements.”

Hearing Date: October 10, 2017


Rule Amendments Regarding Filing Procedures for J-51 Tax Benefits

 

HPD’s proposed rule amendments would eliminate the current restrictive filing periods for submitting J-51 applications to HPD, and allow applicants to file applications at any time of year.

Hearing Date: October 10, 2017 


  Final Rules  

 

ADOPTED AMENDMENTS TO RELOCATION SERVICES RULES

HPD provides relocation services to tenants whose buildings have been issued a vacate order. Amendments to Administrative Code § 26-301, made by Local Laws 14 and 16 of 2017 effective August 14, 2017, eliminated the agency’s requirement that affected tenants must apply for relocation services within 90 days after a vacate order is issued, and clarified that affected tenants may apply for relocation services at any time while a law, regulation or order is in place which requires occupants to vacate the building. The final rule also makes technical amendments.

Consistent with these local laws, the adopted rules:

  • require potential relocatees, after receiving notification of confirmed eligibility for relocation services, to notify HPD in writing within 30 days whether they accept relocation services,
  • provide that a relocatee will only be eligible once for such services
  • incorporate local law amendments regarding documentation that may be submitted to confirm occupancy of the vacated building, and
  •  provide information regarding how to appeal the agency’s decision if relocation services are denied.

Effective Date: November 13, 2017


Rule Amendments Regarding  Affordable New York Housing Program RPTL 421-a(16) Tax Exemption Benefits

HPD’s  rule amendments implement the Affordable New York Housing Program adopted by the State Legislature in Chapter 20 of the Laws of 2015 and amended by Chapter 59 of the Laws of 2017.  The Affordable New York Housing Program provides a tax exemption similar to the prior Real Property Tax Law Section 421-a exemption, but for buildings that commence construction after December 31, 2015.
 
Effective Date: October 26, 2017


 Rule Amendments Regarding  RPTL 421-a Requirements for Prevailing Wages for Building Service Workers and Minimum Average Wage Requirements for Construction Workers
 
HPD’s  rule amendments implement changes to the prevailing wage requirements for building service employees in buildings receiving tax benefits pursuant to RPTL Section 421-a enacted by Chapter 20 of the Laws of 2015 and Chapter 59 of the Laws of 2017.  They also incorporate the City Comptroller’s enforcement authority under 421-a(16)  for the minimum average wage requirements for construction workers in certain projects. 

Effective Date: October 26, 2017  


Final Rule for Notices of Procedures for Suspected Gas Leaks and Other Rule Amendments to Chapter 12 of Title 28 of the Rules of the City of New York 

The adopted rule implements legislative amendments to Administrative Code §27-2005, through which owners are required to provide notice to tenants, on a form approved by HPD, of the procedures that should be followed when a gas leak is suspected. The rule makes clear to owners the information that should be provided on notices informing tenants of procedures to be followed in the event of a suspected gas leak and includes sample forms that may be used by owners for such purpose. Additionally, the rule clarifies what records must be kept by owners for smoke detecting devices and carbon monoxide alarms. The adopted rule also includes minor plain language revisions. 

Effective Date: October 18, 2017


Rule Amendments Regarding  Inclusionary Housing and Real Property Tax Law Section 421-a Affordable Housing Units
 
HPD’s adopted rule amendments to Chapter 41 of Title 28 of the Rules of the City of New York (the "Inclusionary Housing Rules") would limit the zoning bonus generated by 421-a affordable units to usage on the same zoning lot as the building containing the 421-a affordable units or  buildings on a development site on which the affordable housing units are located where the development site includes two or more zoning lots that were reviewed and approved as a single unit pursuant to the New York City Zoning Resolution.
 
EFFECTIVE DATE: October 13, 2017   

 Rule Amendments Governing the Schedule of Contribution Amounts to the Mandatory Inclusionary Housing Affordable Housing Fund

HPD’s rule amendments create the schedule of contribution amounts to the Affordable Housing Fund that is required by the 2016 amendments to the Zoning Resolution establishing the Mandatory Inclusionary Housing program.

Effective Date: July 20, 2017 


  Rule Amendments Regarding  Application Deadlines for RPTL 421-a Final Certificates of Eligibility

HPD’s rule amendment gives HPD retroactive authority to exempt projects that already have a 421-a Preliminary Certificate of Eligibility and are receiving 421-a benefits from the application deadline for a 421-a Final Certificate of Eligibility. This relieves affected properties of the burden of a timely filing of such applications in order to comply with the requirements of the 421-a program.
 
Effective Date: July 19, 2017 


 Notice of Adoption of Rule Amendment Repealing the Rules Chapter Governing the SIP Occupied Sales Program

 
HPD’s rule amendment repeals Chapter 29 of Title 28 of the Rules of the City of New York, which governed the concluded SIP Occupied Sales Program.

Effective Date: June 15, 2017 


 Notice of Adoption of Revocation Rule Amendments

The Department of Housing Preservation and Development adopts amendments to rules relating to revocation of tax benefits. The rule amendment reflects what has traditionally been HPD’s practice by clarifying HPD’s ability to revoke tax benefits granted before all eligibility criteria are fulfilled when those criteria are not fulfilled in a timely manner.  The rule amendment also clarifies the wording of §39-05 to unambiguously reflect HPD’s policy of delivering notices by mail to both the fee owner and, where relevant, the mortgagee, in addition to the notices delivered by mail to the real property tax bill addressee and both the agent and the owner identified in the multiple dwelling registration. Finally, the proposed rule amendment adds “Noticed Property” as a defined term, in order to put §39-05 in plainer English and thus make it easier to read and understand.

Effective Date: April 14, 2017


Rule Amendments Regarding Rents for RPTL 421-a Affordable Units in Multiple Dwellings Subject to HAP Contracts

HPD’s rule amendment would, under very limited circumstances, allow new multiple dwellings that have a project-based Section 8 contract for subsidies from the United States Department of Housing and Urban Development (“HUD”) that would cover the difference between the tenant’s payment (30% of such tenant’s income) and HUD Contract Rents to register 120% of HUD Contract Rents as the State Division of Housing and Community Renewal (“SDHCR”) legal regulated rent, which would be above the current cap of 30% of the applicable AMI.
 
Effective Date:: May 14, 2017
Notice of Adoption of Repeal of Rules Relating to the Unauthorized Occupant Policy

The Department of Housing Preservation and Development repeals Chapter 19 of Title 28 of the Rules of the City of New York relating to the Unauthorized Occupant Policy for the Division of Property Management. 

Effective Date:  April 13, 2017


Notice of Adoption of Redevelopment Company Rule Amendments

The adopted rules repeal chapter 4 of title 28 of the Rules of the City of New York (“Redevelopment Companies Rules") governing redevelopment companies formed pursuant to Article V of the Private Housing Finance Law. This rule was identified as part of a comprehensive rules review initiative undertaken by the NYC Mayor’s Office of Operations working with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget.

 Effective Date: February 9, 2017


Notice of Adoption of Amendments to Rules Governing Successor Tenants in City-Owned Housing  

 The Department of Housing Preservation and Development adopts amendments to rules relating to applications for successor tenancy in City-owned buildings.  The amendments clarify the requirements for an application for successor tenancy by describing the documents that must be submitted with the application form.  A public hearing was held on October 27, 2016.

Effective Date:  December 17, 2016


 Notice of Adoption of RPTL Section 421-a Building Service Worker Rule Amendments


The adopted rules implement the enforcement mechanism enacted by Chapter 20 of the Laws of 2015 for prevailing wages for building service workers in covered 421-a buildings.  They (a) provide that the Comptroller’s annual Labor Law Section 230 Prevailing Wage Schedules set the applicable prevailing wage and supplement rates, (b) determine how the obligation to pay prevailing supplements may be discharged, (c) establish the wage and supplement rates for apprentices, (d) provide that after receiving from the Comptroller an executed stipulation of settlement or report and recommendation, HPD can issue an order that adopts, in whole or in part, or rejects, the report and recommendation, or that approves the stipulation of settlement, (e) provide that those found to have violated the requirements be directed to pay to the Comptroller wages and supplements found to be due for work performed no more than two years from the earlier of the complaint filing date or the investigation commencement date, plus interest at the applicable rate, and (f) direct HPD to revoke all 421-a benefits when an applicant fails to make such payment within 120 days, two orders determining a willful failure to pay prevailing wages have been issued within six years, or an order determines a willful failure to pay that involves falsification of payroll wages or the kickback of wages or supplements.

Effective Date:  October 23, 2016


Notice of Adoption of Mitchell-Lama Rule Amendments 
 

The adopted Mitchell-Lama rule amendments allow siblings to transfer applications as long as they both were included on the original application and at least 18 years of age at the time of such original application. They also clarify the definition of “probable aggregate annual income” to better reflect HPD’s current policy of excluding up to $20,000 of each secondary wage earner’s income.  The rule amendments fix an inadvertent omission of the requirements for succession for people added to stock certificates in Mitchell-Lama cooperative developments before the December 25, 2014 rule change prohibiting such additions.  Finally, the amendments recognize that, upon request and with HPD’s prior approval, spouses that meet certain requirements can be added as co-owners of shares and co-signatories of occupancy agreements without such succession determinations.

Effective Date: August 12, 2016


Notice of Adoption of Rules Relating to Elevator Violation Referrals

 
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the City of New York Department of Housing Preservation and Development (HPD) by Chapter 61 of the New York City Charter and by Local Law 101 of 2015, HPD hereby adopts rules relating to referrals to HPD by the Department of Buildings of immediately hazardous elevator violations that an owner fails to correct.  A public hearing was held on April 15, 2016.  Local Law 101 of 2015 (LL 101) requires the Department of Buildings (DOB) to refer to the Department of Housing Preservation and Development (HPD) immediately hazardous elevator violations in multiple dwellings that are found after inspection to be uncorrected by the owner.  When DOB inspectors find an immediately hazardous condition in an elevator that requires the elevator to be taken out of service until the condition is corrected, they will refer the condition to HPD.  Upon such referral, HPD will make an assessment of what action may be necessary based on the inoperable condition of the elevator and other relevant factors.  The rules provide criteria to assist HPD in making its determination regarding such action.
 
Effective Date:  June 27, 2016
Notice of  Adoption of Rules Governing RPTL Section 421-a(17) Extended Affordability Benefits
  

The adopted 421-a rule amendments implement the 421-a extended affordability program enacted by the State Legislature in Chapter 20 of the Laws of 2015.  This program, codified at RPTL Section 421-a(17), provides a 50% exemption from real property taxation for either ten or fifteen years to multiple dwellings that commenced construction prior to July 1, 2008 and were granted either 25 or 20 years of 421-a benefits prior to June 15, 2015 for making at least 20% of their dwelling units affordable to persons or families of low income.  To get the additional benefit, all residential tax lots in such multiple dwellings must operate as rentals and they also must maintain the affordability of the original affordable units as well as restricting an additional 5% of their dwelling units to be affordable to individuals or families whose household income is at or below 130% of AMI.

Effective Date: June 10, 2016


Notice of Adoption of Rules Governing RPTL Section 421-a Tax Exemption Benefits


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, and in accordance with the requirements of §1043 of the New York City Charter, the Department of Housing Preservation and Development is adopting rule amendments implementing new requirements adopted by the State Legislature in Chapter 20 of the Laws of 2015.

Effective Date: May 27, 2016


 

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