HPD's Environmental Planning Unit, within the Division of Building and Land Development Services, conducts environmental reviews in conformance with federal, state and city regulations. Environmental reviews may generally be performed for projects which require federal, state or city discretionary actions, including construction funding, disposition approval, or approval of zoning changes.
As mandated by the State Environmental Quality Review Act, CEQR is the process by which New York City agencies like HPD determine what effect, if any, a discretionary action they approve may have upon the environment. CEQR is a disclosure process and not an approval process in and of itself. Completion of an environmental review supports other decisions made by agencies such as approvals of rezoning or variance applications, dispositions of funding, or issuance of discretionary permits. Ministerial actions, such as the issuance of a building permit, are not subject to environmental review. Past CEQR documents for HPD projects are available online from the Mayor’s Office of Sustainability.
Under CFR Part 58, HPD is responsible for environmental review, decision-making and action that would otherwise apply to HUD. Accordingly, HPD must conduct environmental reviews under the laws and rules which apply to HUD programs and policies, including the National Environmental Policy Act (NEPA) and related Federal Laws, Executive Orders and regulations, such as Section 106 of the National Historic Preservation Act. Environmental reviews are generally conducted for funding and acquisition under a range of different HUD programs, as listed below.
HOME Investment Partnership Program (HOME)
The HOME Investment Partnership Program was created in 1990 to expand the supply of decent, affordable housing for low and very low-income families. Since enactment, the original statute has been amended three times and a final rule was issued on September 16, 1996. In general, HPD utilizes federal HOME funds to finance new construction and rehabilitation of housing including vacant and occupied single room occupancy buildings (SRO), small homes (buildings with fewer than 12 units) and multi-family buildings. Additional Information regarding the HOME Program is contained in the City's Consolidated Plan.
Findings of No Significant Impact on the Environment (FONSIs) for HOME Funded Projects:
Lead Hazard Reduction Demonstration Grant
HUD has made available the Lead Hazard Reduction Demonstration Grant Program (LHRD) funds to assist states, Native American Tribes, cities, counties/parishes, or other units of local government in identifying and controlling lead-based paint hazards in eligible privately owned rental or owner-occupied housing. The LHRD is targeted for urban jurisdictions with the greatest lead-based paint hazard control needs. The Lead Hazard Reduction Demonstration Grant offers grant funding to building owners for lead treatment through NYC’s Primary Prevention Program (PPP), a joint initiative between HPD and the New York City Department of Health and Mental Hygiene (DOHMH). The Program gives owners the means to make their buildings lead-safe through a mixture of abatement and low-level interim treatment work, and may be used in conjunction with other moderate rehabilitation work. The grants are dispensed as forgivable loans that help reduce lead-paint hazards located in high-risk neighborhoods of the New York City.
NYCHA Section 18 Disposition Projects
HPD serves as the Responsible Entity (RE) for the New York City Housing Authority's (NYCHA) federal environmental review requirements (24 CFR Part 58) for the disposition of public housing property under Section 18 of the Housing Act of 1937. Notices and other documentation pertaining to these projects that require online availability can be found below. The EISs for the following projects may be accessed below:
Compliance with Section 106 of the National Historic Preservation Act of 1966
Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies (or Responsible Entity acting on behalf of a Federal agency) to take into account the effects of any Federal actions/undertakings on historic properties, and afford the Advisory Council on Historic Preservation (ACHP) reasonable opportunity to comment. The historic preservation review process mandated by Section 106 is outlined in regulations issued by ACHP (http://www.achp.gov/106summary.html). To initiate the Section 106 process, the Federal agency for Responsible Entity first determines whether it has an undertaking that is a type of activity that could adversely affect historic properties. Historic properties are properties that are included in the National Register of Historic Places or that meet the criteria for the National Register. If so, the Federal agency or Responsible Entity must identify the appropriate State Historic Preservation Officer/Tribal Historic Preservation Officer (SHPO/THPO) to consult with during the process and also plan to involve the public, and identify other potential consulting parties. If the Federal agency or Responsible Entity determines that it has no undertaking, or that its undertaking is a type of activity that has no potential to affect historic properties, the agency has no further Section 106 obligations. The Section 106 consultation process typically concludes with execution of a Memorandum of Agreement (MOA), which outlines agreed-upon measures that the responsible agency will take to avoid, minimize, or mitigate the adverse effects. In some cases, the consulting parties may agree that no such measures are possible, but that the adverse effects must be accepted in the public interest. Once an MOA is executed, the responsible agency and developer proceed with the undertaking under the terms of the MOA. Public notices and other required documentation pertaining to federally assisted HPD development projects subject to Section 106 may be accessed below.