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 Rules Regarding a Pilot Program Requiring Certifications fof No Harassment for Certain Buildings
Hearing Date: August 7, 2018f
The proposed 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 Amendments Regarding RPTL Section 421-a Replacement Ratio
Hearing Date: July 24, 2018
HPD’s proposed rule would exempt motels and tourist cabins from the replacement ratio requirements for RPTL Section 421-a(16) real property tax exemption benefits.
Proposed Speculation Watch List Rules
Hearing Date: July 10, 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. HPD’s proposed rule establishes the criteria for a multiple dwelling’s inclusion in or removal from such list.
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.
Rule Amendments Regarding Inclusionary Housing Units and Real Property Tax Law Section 421-a(1)-(15) Benefits in the Geographic Exclusion Area
Effective Date: December 29, 2017
HPD’s 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.
Rule Amendments Regarding Filing Procedures for J-51 Tax Benefits
Effective Date: November 23, 2017
HPD’s rule amendments eliminate the current restrictive filing periods for submitting J-51 applications to HPD, and allow applicants to file applications at any time of year.
Rule Amendments Regarding Certification of Costs for J-51 Benefits
Effective Date: November 23, 2017
HPD’s rule amendments 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 amendments 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.”
Adopted Amendments to Relocation Services Rules
Effective Date: November 13, 2017
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:
Rule Amendments Regarding Affordable New York Housing Program RPTL 421-a(16) Tax Exemption Benefits
Effective Date: October 26, 2017
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.
Rule Amendments Regarding RPTL 421-a Requirements for Prevailing Wages for Building Service Workers and Minimum Average Wage Requirements for Construction Workers
Effective Date: October 26, 2017
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.
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.
Rule Amendments Regarding Inclusionary Housing and Real Property Tax Law Section 421-a Affordable Housing Units
Effective Date: October 13, 2017
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.
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.
Rule Amendments Regarding Application Deadlines for RPTL 421-a Final Certificates of Eligibility
Effective Date: July 19, 2017
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.
Notice of Adoption of Rule Amendment Repealing the Rules Chapter Governing the SIP Occupied Sales Program
Effective Date: June 15, 2017
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.
Notice of Adoption of Revocation Rule Amendments
Effective Date: April 14, 2017
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.
Rule Amendments Regarding Rents for RPTL 421-a Affordable Units in Multiple Dwellings Subject to HAP Contracts
Effective Date: May 14, 2017
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.
Notice of Adoption of Repeal of Rules Relating to the Unauthorized Occupant Policy
Effective Date: April 13, 2017
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.
Notice of Adoption of Redevelopment Company Rule Amendments
Effective Date: February 9, 2017
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.