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(1) Notwithstanding any provision of these rules to the contrary, if an application is for a waiver or exemption, the Department will waive the Fee.
(2) Notwithstanding any provision of these rules to the contrary, the Department may grant a waiver or exemption at any point following the submission of an application therefor in accordance with the provisions of § 27-2093.1 of the Administrative Code and these rules.
(3) A waiver or exemption shall be effective for such period and subject to such conditions as the Department shall determine, which shall be stated in such waiver or exemption. Such waiver or exemption shall apply to any plan approval, and any application for a permit or renewal of a permit for any Covered Categories of Work that is submitted to the Department of Buildings during such period which complies with such conditions, if any.
(4) The Department shall only issue a waiver that is in accordance with subdivision i of § 27-2093.1 of the Administrative Code.
(5) The Department shall not issue a waiver unless it has received an affidavit of no future Harassment executed by one or more individual natural persons who are either:
(a) all of the Owners of the Pilot Program Building, or
(b) principals or officers of all of the Owners of the Pilot Program Building who are authorized to sign on behalf of and bind such Owners.
(Added City Record 9/7/2018, eff. 10/7/2018)
(1) The Department may rescind a Certification of No Harassment or waiver at any time if it determines that the application for such Certification or waiver contained a material misstatement of fact.
(2) If the Department determines that there is reasonable cause to believe that Harassment has occurred after the date that it issued a Certification of No Harassment or a waiver, it may suspend such Certification or waiver. If such Certification or waiver was granted solely pursuant to the Administrative Code, the Department shall not suspend such Certification or waiver pursuant to the preceding sentence unless it determines that there is reasonable cause to believe that such harassment occurred before commencement of substantial work.
(3) If the Department determines that there is reasonable cause to believe that harassment has occurred after the date that it issued a Certification or a waiver, the Department shall deliver a notice of suspension to the Applicant. Notice of such suspension shall also be mailed to known tenants of the Pilot Program Building and shall be filed with the city register or Richmond County clerk. The Department shall refer the matter for hearing at the Office of Administrative Trials and Hearings, provided, however, that if the Owner of the Pilot Program Building has been found by the New York State Homes and Community Renewal or any court having jurisdiction to have engaged in Harassment, unlawful eviction, or arson at such building after the Certification of No Harassment was granted, the Department may determine whether to rescind such Certification without commencing a proceeding at such office.
(4) The Department shall serve a notice of hearing by regular mail upon the Applicant and any other individual or entity, including known tenants of the Pilot Program Building, as determined by the Department, in the manner prescribed by the Office of Administrative Trials and Hearings. Such notice shall state the date, time, and location of the hearing and shall inform the Applicant that he or she may be represented by counsel and may present witnesses and other evidence.
(5) At such hearing, the Department, in its discretion, may receive relevant testimony from such known tenants, community groups, and any other interested parties.
(6) Upon conclusion of such hearing, the hearing officer shall make a recommendation to the Commissioner whether or not the Certification of No Harassment or waiver should be rescinded.
(7) The Commissioner shall make a final determination whether or not to rescind such certification or waiver within 45 days of receiving the hearing officer's recommendation and shall provide the Applicant and the known tenants of the building with written notice of such determination. Such determination shall be filed as provided in subdivision f of § 27-2093.1 of the Administrative Code.
(Added City Record 9/7/2018, eff. 10/7/2018)
(1) Where the Department has denied an application for a Certification of No Harassment for a Pilot Program Building, or, where an owner has, in lieu of seeking a Certification of No Harassment which is otherwise required, elected instead to seek a certification of compliance with the cure provisions described in subdivision e of § 27-2093.1 of the Administrative Code, such Owner may apply to the Department to cure the record of Harassment or satisfy the requirement for the Certification of No Harassment by entering into a cure agreement with the Department.
(2) Such cure agreement shall be a restrictive declaration and a regulatory agreement in such form as provided by the Department, and shall require compliance with such terms as shall be required by the Department.
(3) The restrictions, covenants, and provisions of such cure agreement shall run with the land and bind the Owner and all other parties in interest and their successors and assigns to the applicable property with Low Income Housing, and shall be perpetual in duration.
(4) Such cure agreement shall be recorded by the Owner in the office of the city register or the Richmond county clerk, and indexed against each tax lot with Low Income Housing within the zoning lot.
(5) The requirements of such cure agreement shall include compliance with the applicable Inclusionary Housing Guidelines and shall also include, but not be limited to that:
(a) The Owner shall construct floor area of Low Income Housing, either within the Pilot Program Building, in a new building on the same site as the Pilot Program Building, or in such same community district, of no less than the greater of: (i) 25 percent of the total residential floor area of such Pilot Program Building undergoing Covered Categories of Work in which harassment has occurred or for which the Owner has elected to seek a certification of compliance with the cure provisions of subdivision e of § 27-2093.1 of the Administrative Code, or (ii) 20 percent of the total floor area of any new or Pilot Program Building undergoing Covered Categories of Work on the lot containing the Pilot Program Building subject to the cure agreement;
(b) The Owner shall contract with an administering agent, which shall be an organization qualified by the Department to market and manage the Low Income Housing units and monitor compliance with the cure agreement;
(c) Lawful tenants of such Pilot Program Building during the Inquiry Period shall have priority in the allocation of such Low Income Housing units constructed by the Owner within the Pilot Program Building or in a new building at the same site as the Pilot Program Building if they otherwise qualify for such units;
(d) No construction of such required floor area of Low Income Housing units shall be used by the Owner to satisfy an eligibility requirement of any real property tax abatement or exemption program, or of a floor area ratio increase pursuant to § 23-90 and § 23-154, inclusive, of the Zoning Resolution, for which the Owner otherwise may be eligible to apply, or to apply for a hardship waiver from any existing code or Zoning Resolution requirement, and such required floor area shall be in addition to and not in substitution for floor area of Low Income Housing that may be used by the owner to satisfy such an eligibility requirement;
(e) No city, state or federal subsidy shall be used for the construction of Low Income Housing units required pursuant to subdivision e of § 27-2093.1 of the Administrative Code or these rules; and
(f) The initial rents charged by the Owner for the Low Income units shall not exceed an average of 50 percent of the area median income, adjusted for family size, at the time that such household initially occupies the dwelling unit, provided that with respect to Low Income Housing Units provided pursuant to a cure agreement in accordance with § 27-2093.1 of the Administrative Code, one-third of such Low Income Housing units shall be affordable to and restricted to occupancy by individuals or families whose household income does not exceed 40 percent of the area median income, one-third of such units shall be affordable to and restricted to occupancy by individuals or families whose household income does not exceed 50 percent of the area median income, and one-third of such units shall be affordable to and restricted to occupancy by individuals or families whose household income does not exceed 60 percent of the area median income.
(g) If the Owner violates any term, covenant, or provision of the cure agreement, or if any representation made by the Owner is determined by the Department to be false or misleading, then the Department may declare a default under the cure agreement, and take such enforcement action as specified in such agreement or under law.
(Added City Record 9/7/2018, eff. 10/7/2018)
(1) Where the Department of Buildings issues a stop-work order or rescinds or revokes an approval of construction documents at the request of the Department pursuant to § 28-505.8 for work without a permit or the required certification of no harassment, or where the Department denies a certification of no harassment pursuant to subparagraph (C) of paragraph (5) of subdivision d of Administrative Code § 27-2093.1, such stop-work notice, rescission or revocation, or denial, shall be deemed to be a finding of harassment in violation of subdivision d of § 27-2005, and the certification of no harassment shall be denied or rescinded, as applicable, and the building shall be restored to its legal configuration prior to commencement of such work.
(Added City Record 6/17/2022, eff. 6/17/2022)