For the purposes of this chapter only, the following terms shall be defined as follows:
a. "City financial assistance" includes any loans, grants, tax credits, tax exemptions, tax abatements, subsidies, mortgages, debt forgiveness, land conveyances for less than appraised value, land value or other thing of value allocated, conveyed or expended by the city.
b. "Construction condition" means:
(1) a violation of the New York city construction codes issued to a housing development project, a developer or a covered contractor of such housing development project, during the project work or within a five-year period following the completion of such project;
(2) a complaint related to the construction quality of a housing development project received by the department during the project work or within a five-year period following the completion of such project;
(3) a determination by the department, during the project work or within a five-year period following completion of such project, that the construction quality of a housing development project does not comply with applicable law or does not conform to customary standards for construction in the city of New York.
c. "Contractor" means an individual, sole proprietorship, partnership, joint venture, corporation or other entity that enters into a contract or other agreement with or is otherwise engaged by a developer or the department to perform project work.
d. "Covered contractor" means a contractor or subcontractor whose annual gross revenue for the immediately preceding tax year is not less than two million five hundred thousand dollars, calculated in accordance with 29 CFR § 779.266; provided, however that where an entity is a principal owner of, serves as principal officer of, conducts or participates directly or indirectly in the conduct of the affairs of such contractor or subcontractor and any other contractor or subcontractor, the annual gross revenue for the immediately preceding tax year for each such contractor or subcontractor shall be aggregated and, if such aggregated value is not less than two million five hundred thousand dollars, each such contractor or subcontractor shall be a covered contractor.
e. "Department" means the department of housing preservation and development.
f. "Developer" means an individual, sole proprietorship, partnership, joint venture, corporation or other entity that receives city financial assistance for a housing development project.
f-1. “Disposition project” means the construction of any residential building, residential facility, or residential structure that:
(1) requires the sale, lease, exchange, or other disposition of real property of the city that is, or will be, under the jurisdiction of the department on the date of such sale, lease, exchange, or other disposition;
(2) creates at least 1 dwelling unit; and
(3) is funded in whole or in part by loans, grants, tax credits, subsidies, mortgages, debt forgiveness, or other thing of value allocated, conveyed, or expended by the city, other than tax exemptions, tax abatements, land conveyances for less than appraised value, as-of-right assistance or benefits, or any assistance or benefits for which the amount is based on an evaluation of as-of-right assistance or benefits for which such project would have been eligible.
g. "Disqualified list" means a list that identifies entities that are precluded by the department from being selected as developers where "disqualified" shall mean debarred, suspended or otherwise prohibited for any length of time. Such term shall also include a list of entities that are ineligible to be included on a list of prequalified contractors or subcontractors.
h. "Housing development project" means construction, rehabilitation or alteration of any residential building, residential facility or residential structure by a developer (1) which creates or preserves at least one dwelling unit; (2) which is funded in whole or in part by city financial assistance other than non-discretionary tax abatements or benefits approved or administered in accordance with sections 421-a or 489 of the New York state real property tax law or other similar programs and (3) where the developer of such project was not selected more than five years prior to the effective date of this chapter. The term "housing development project" shall not include emergency repairs performed by or on behalf of the department pursuant to section 27-2125 of this code, work performed by or on behalf of the department pursuant to section 27-2153 of this code, demolition work performed by or on behalf of the department pursuant to articles two hundred fifteen or two hundred sixteen of chapter two of title twenty-eight of this code, or work funded by the department pursuant to article seven-a of the New York state real property actions and proceedings law.
i. "List identifier" means a description of the purpose for which a disqualified list or prequalified list is used by the department that shall include the types of housing development projects for which the list is used.
j. "Prequalified list" means a list that identifies entities that are prequalified to be selected as developers and that was compiled, modified or used by the department to select developers within the immediately preceding five-year period; provided, however that the term "prequalified list" shall also include a list of entities that the department compiles and makes available to developers to assist in the selection of contractors and subcontractors to perform project work.
k. "Principal officer" means an individual who serves as or performs the functions of chief executive officer, chief financial officer or chief operating officer of an entity.
l. "Principal owner" means an individual, partnership, joint venture, corporation or other entity which holds a ten percent or greater ownership interest in an entity or holds an ownership interest as a general partner, managing partner or other position conducting or participating directly in the conduct of the affairs of an entity. The term "principal owner" shall not include a limited partner of a limited partnership or an equity investor in a limited liability company or a limited liability partnership where such equity investor does not conduct or participate directly in the conduct of the affairs of the limited liability company or limited liability partnership.
m. "Project identifier" means a description of a housing development project sufficient to identify such project.
n. "Project work" means construction, rehabilitation, alteration or demolition work performed in connection with a housing development project. Such term shall not include professional services including architectural, engineering, legal or accounting services or administrative, clerical or other similar office support services, or individuals solely engaged in managing, directing or supervising project work.
n-1. “Sponsor” means a person or combination of persons designated by the department to develop a disposition project.
o. "Subcontractor" means an individual, sole proprietorship, partnership, joint venture, corporation or other entity that enters into a contract or other agreement with or is otherwise engaged by a contractor, the department or other entity to perform project work.
(Am. L.L. 2024/125, 12/18/2024, eff. 12/18/2024)
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