Rulemaking

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 rules below (click on headings for full rules).

Proposed Rules

Proposed Amendments to Rules Relating to Lead Paint Poisoning and Control
Hearing Date:  August 15, 2019

The proposed amendments to Chapter 11 of Title 28 of the Rules of the City of New York revise and clarify certain rules promulgated under the New York City Childhood Lead Poisoning Prevention Act of 2003 (Lead Law). The proposed rules add criteria, consistent with Local Law 70 of 2019, to clarify that HPD will audit owners’ compliance with the Lead Law by requiring submission of the records required to be kept for a minimum of 200 buildings per fiscal year.  The criteria are intended to both target buildings where there appears to be a failure to comply with the requirements of the Lead Law and to determine, based on a random sample, whether property owners in general are complying with the record keeping requirements.  The proposed rules set criteria for when such records must be submitted, but do not limit the agency from demanding records under any other circumstances where it deems it necessary to do so.  The proposed rules also describe the documentation required to be kept and submitted upon audit demand. 

In addition, the proposed rules:

  • Clarify definitions for “lead-contaminated dust,” “applicable age,” and “lead-based paint,” and add a definition for the term “resides,” consistent with the amendments effected by Local Laws 64 and 66 of 2019;
  • Clarify that exemptions from the lead-based paint presumption established under the Lead Law may be submitted for a determination whether a particular multiple dwelling or part thereof is lead safe (lead-based paint may have been removed and is also contained or encapsulated) or lead free (all lead-based paint has been removed so that there is no lead-based paint); 
  • Clarify who may submit a request for an exemption and under what circumstances exemptions will be revoked; and
  • Make other revisions to clarify language. 

Amendment to Speculation Watch List Rules
Hearing Date: August 13, 2019

The proposed rule amendments would remove from consideration for the Speculation Watch List those multiple dwellings that were constructed within the last several years and in which a majority of dwelling units are rent regulated due to Real Property Tax Law Section 421-a(1)-(15) requirements.


Final Rules  

Rule Amendment Regarding the Mitchell-Lama Program
Effective Date: September 13, 2019

HPD’s rule amendments to Chapter 3 of Title 28 of the Rules of the City of New York revise and clarify many aspects of Mitchell-Lama developments, including admission limitations and priorities, status of shares and other value associated with a vacated apartment, contract review and approval, board of director elections and dissolution and/or reconstitution.


Rule Amendment Regarding Affordability Exception to RPTL Section 421-a Building Service Workers Prevailing Wage Requirements
Effective Date: March 13, 2019

HPD’s  rule amendments clarify that any decision that HPD renders regarding the Affordability Exception to the prevailing wage requirements for building service workers in certain buildings receiving RPTL Section 421-a tax exemption benefits is not a final determination until HPD either (a)  issues an Order pursuant to 28 RCNY Chapter 50, or (b) issues an Applicant a letter indicating that such Applicant is ineligible for the real property tax exemption associated with such prevailing wage for building service workers requirement.  The rule amendments also make some technical corrections to Chapter 50.


Notice of Adoption of Rule Amendment Updating the Schedule of Contribution Amounts to the Mandatory Inclusionary Housing Affordable Housing Fund For FY 2020
Effective Date: July 1, 2019

HPD’s rule amendment updates the MIH Affordable Housing Fund contribution schedule for the coming fiscal year (July 1, 2019 through June 30, 2020).


Adopted Rules regarding Indoor Allergen Hazards
Effective Date: January 16, 2019

The adopted rules implement new legislation, Local Law 55 of 2018, enacted by the City Council regarding indoor allergen hazards.  The legislation establishes an owner’s responsibility to investigate for and remediate indoor allergen hazards like mold, cockroaches, mice, and rats in multiple dwellings.  The rules provide for work practices to be used by owners in performing the work to remediate these conditions.  The rules also provide a sample form for owners to use in providing notice to tenants as required under the law, and procedures for submitting certifications of correction of such violations and requesting postponements of the time period to correct such violations. The final rules also clarify and implement provisions of pending and enacted legislation relating to indoor allergen hazard remediation as well as comments received on the proposed rules. HPD’s authority for these rules is found in New York City Charter §1802 and New York City Administrative Code §§ 27-2090, 27-2017.7 and 27-2017.9.


Adopted Rules Relating to Providing Stove Knob Covers in Multiple Dwellings
Effective Date: December 15, 2018

Local Law No. 117 of 2018 amended the Housing Maintenance Code to require, with certain exceptions, that owners of multiple dwellings provide stove knob covers for gas-powered stoves to tenants of units where the owner knows or reasonably should know that a child under six years of age resides.  The owner is required to:

1) provide an annual notice to tenants regarding the owner’s obligation to provide the stove knob covers,
2) keep the following records:
a) tenant responses to the stove knob cover notice,
b) a list of units where the knob covers have been made available, and
c) documentation of the owner’s attempts to make the covers available.

The adopted rule implements the legislation by detailing recordkeeping requirements, and by providing a form of annual notice that may be used by owners to comply with the new law.


Notice of Adoption of Rules Governing the Speculation Watch List
Effective Date: October 19, 2018

A recently enacted law requires HPD to establish a “Speculation Watch List” that lists certain recently-sold rent regulated multiple dwellings at risk of tenant harassment. The adopted rule establishes the criteria for a multiple dwelling’s inclusion in or removal from such list. 


Adopted Rules Regarding a Pilot Program requiring Certifications of No Harassment for Certain Buildings
Effective Date: October 8, 2018 

The adopted rules implement and clarify new legislation, Local Law 1 for the year 2018, regarding certifications of no harassment.  The legislation provides for a pilot program which requires certain buildings with high levels of physical distress or ownership changes, as prescribed in these rules, in certain targeted areas of the City, to be placed on a building list.  Buildings that are the subject of a full vacate order, or that have been active participants in the alternative enforcement program for more than four months since February 1, 2016, as well as buildings where there has been a finding of harassment within the last five years by a court or by New York State Homes and Community Renewal, are also included on the list.
 
The owners of these buildings who apply to the Department of Buildings (DOB) for approval of construction documents or an initial or reinstated permit to perform certain covered categories of work, will be required to receive a certification of no harassment from the Department of Housing Preservation and Development (HPD) before a DOB approval can be issued.  The application for the certification of no harassment will trigger an investigation into whether there has been harassment of tenants at such building within the five-year period preceding the application.  If an owner is found to have harassed tenants, the owner will be precluded from receiving a building permit for the covered categories of work for five years, or, in the alternative, the owner may construct a certain percentage of low income housing units to address the harassment finding.

The rules provide for: (1) criteria for the building qualification index, to evaluate prospective buildings for indicators of distress; (2) additional categories of covered work and exemptions for such work; (3) categories of buildings that are exempt from the requirement to apply for a certification of no harassment; (4) administration of applications for certifications of no harassment; (5) specifications for cure agreements; and (6) fees for applications and administrative expenses. 


Rule Amendment Regarding Replacement Ratio  Requirements for Buildings Receiving Benefits Pursuant to RPTL Section 421-a(16)
Effective Date: September 12, 2018
 
HPD’s rule amendment exempt motels and tourist cabins from the replacement ratio requirements for RPTL Section 421-a(16) real property tax exemption benefits


Rule Amendment Updating the Schedule of Contribution Amounts to the Mandatory Inclusionary Housing Affordable Housing Fund
Effective Date: June 29, 2018

HPD’s rule amendment updates the MIH Affordable Housing Fund contribution schedule for the coming fiscal year (July 1, 2018 through June 30, 2019). In addition to changes in the contribution amounts, the rule amendment moves Queens Community District 6, which includes Forest Hills and Rego Park, from Fee Tier 3 to Fee Tier 4, in order to reflect changes in the relative market characteristics of that Community District.


Rule Amendments Regarding Inclusionary Housing Program Fees
Effective Date: July 20, 2018

HPD’s adopted rule provides for the fee amounts to be collected by HPD for Inclusionary Housing applications and certificates of qualifying affordable floor area. These fees are necessary to cover the costs of review and monitoring performed by HPD in implementing the voluntary and mandatory inclusionary housing programs.


Repeal of Rules Governing Relocation Finder’s Fees
Effective Date: July 13, 2018

HPD’s rule amendment repeals Section 18-03 of Title 28 of the Rules of the City of New York, which governed payments to persons or entities furnishing permanent accommodations to relocatees.


Adopted Amendments to the Fee for Certifications of No Harassment
Effective Date: June 25, 2018  


HPD is authorized to administer a program to review and investigate applications for Certifications of No Harassment, which are required to alter or demolish any single room occupancy building Citywide and all residential buildings in specially designated zones throughout the City, under Administrative Code sections 27-2093 and 28-207.1, and Zoning Resolution sections 96-110, 93-90, 98-70, and 23-013. The adopted rule increases the fee for such applications to align it with the agency cost in administering the program.


Rule Amendments Regarding 421-a Extended Affordability Program
Effective Date: May 3, 2018

HPD’s final rule amendments modify the definition of “Marketing Monitor” in the 421-a Extended Affordability Program Rules to eliminate the payment requirement and authorize the use of in-house as well as third-party marketing monitors. These amendments would also clarify HPD’s practices under this program concerning the marketing guidelines by which Affordable Housing Units must be leased and the verification of eligibility for tenancy of Affordable Housing Units, and clarify other language in the existing rules to more precisely reflect HPD practices.


Rule Amendment to Distribution Requirements for Buildings Receiving Benefits Pursuant to RPTL Section 421-a(1-15)
Effective Date: April 29, 2018
 
HPD’s rule amendment adds an additional ground for waiver of the distribution requirements for the former 421-a program based upon a story containing a single dwelling unit This same additional ground for waiver already is available in the Affordable New York Housing Program for new 421-a benefits and HPD wants to clarify that the waiver is available for eligible buildings receiving benefits under either program. 


Rule Amendment Regarding Prevailing Wages for Building Service Workers
Effective Date: March 8, 2018 

HPD’s Final  rule amendments  reflect the New York City Comptroller’s enforcement authority under RPTL Section 421-a (17) (the Extended Affordability Benefits Program).  


Repeal of Neighborhood Entrepreneur Program Rules
Effective Date: January 21, 2018

HPD’s rule amendment repeals Chapter 35 of Title 28 of the Rules of the City of New York, which governed the Neighborhood Entrepreneurs Program. 


View Past Final Rules