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(1) A Pilot Program List will be provided by the Department on its website and may be amended and republished as necessary to include additional multiple dwellings.
(2) The criteria used to select buildings to be included on the Pilot Program List shall include:
(a) Buildings with scores on the Building Qualification Index indicating significant distress as determined by the Department;
(b) Buildings where a full vacate order has been issued by the Department or by the Department of Buildings within the five-year period prior to October 31, 2021, except where such vacate order was issued due to a fire;
(c) Buildings where there has been active participation in the Department's alternative enforcement program pursuant to an order issued by the Department that have been discharged from such program on or after October 31, 2021, as of the date of the discharge determination by the Department. A building will be added to the Pilot Program List and included on the Pilot Program List on the Department's website within 30 days after it is discharged from the program; and
(d) Buildings where there has been a final determination by New York State Homes and Community Renewal or any court having jurisdiction that one or more acts of Harassment were committed at such building after October 31, 2016. A building will be added to the Pilot Program List and included on the Pilot Program List on the Department's website within 30 days after it is identified as having been the subject of such determination, provided, however that where such final determination was made on default judgment, and such default is opened by the court having jurisdiction, such building will be removed from the Pilot Program List within 30 days of notification by the owner unless such building meets other criteria for inclusion on such list.
(e) Buildings where an administrator has been discharged under article 7-A of the real property actions and proceedings law on or after October 31, 2021, as of the date of the court order discharging such administrator, unless such building is the subject of a loan provided by or through the department or the New York city housing development corporation for the purpose of rehabilitation that includes, but is not limited to, electric, heating, plumbing, roofing, windows, or another major component of the building. A building will be added to the Pilot Program List and included on the Pilot Program List on the Department's website within 30 days after the date of the court order.
(Added City Record 9/7/2018, eff. 10/7/2018; amended City Record 6/17/2022, eff. 6/17/2022)
The criteria used to evaluate prospective Pilot Program Buildings for distress shall include:
(1) The number of open and closed hazardous and immediately hazardous violations of the Housing Maintenance Code per adjusted dwelling unit that were issued by the Department within the five-year period prior to October 31, 2021, rated on a range of values from zero to ten. For the purposes of this section, "adjusted dwelling unit" refers to the natural logarithm of dwelling units in the building, calculated in order to limit underweighting of serious building-wide violations in very large buildings.
(2) The total amount of paid or unpaid emergency repair charges per adjusted dwelling unit levied against the building within the five-year period prior to October 31, 2021, rated on a range of values from zero to ten.
(3) The ratings in this section are based on the number of standard deviations above the average at the time of evaluation. Buildings above such average score 2.5 points, and an additional 2.5 points for each of up to 3 standard deviations above the average. The following scores will result in placement of a building on the Pilot Program List:
(a) Buildings with no ownership changes within a five-year period prior to October 31, 2021, and a combined score of 15 or more for criteria in subdivisions (1) and (2) of this section;
(b) Buildings with one ownership change within a five-year period prior to October 31, 2021 and a combined score of ten or more for criteria in subdivisions (1) and (2) of this section; and
(c) Buildings with two or more ownership changes within a five-year period prior to October 31, 2021, and a combined score of five or more for criteria in subdivisions (1) and (2) of this section.
(Added City Record 9/7/2018, eff. 10/7/2018; amended City Record 6/17/2022, eff. 6/17/2022)
(1) An application for a Certification of No Harassment shall contain such information, in such form, as the Department shall require.
(2) An application shall be executed by an Applicant. If the Applicant is not an Access Authorizer, the application shall also be executed by an Access Authorizer.
(3) An application may be submitted to the Department:
(a) by hand delivery on business days, during such hours and in such location as the Department shall determine,
(b) by mail,
(c) by private courier, or
(d) electronically, as provided by the Department.
(4) The submission of any application shall be accompanied by certified check, bank check, electronic payment, or money order in the amount of the Fee made payable to Department of Finance.
(5) Following the submission of an application, the Department may request any additional information that it determines is relevant to the application. If the Department sends a written request for additional information to the Applicant by regular or certified mail or email at the address or email of the Applicant set forth in the application, and it does not receive such additional information within 30 days following the mailing or emailing of such request, the Department may:
(a) reject the application, or
(b) review the application without such information and draw a negative inference with respect to the missing information.
(6) An application shall be deemed to be complete when the completed application, the fee, and the necessary supporting documentation have been received and acknowledged as sufficient by the Department.
(7) If the Department determines at any time that an application contains a material misstatement of fact, it may reject such application and bar the submission of a new application for a period not to exceed five years.
(8) The Department may refuse to act upon or may reject, an application for a Certification where it finds at any time that:
(a) taxes, water and sewer charges, emergency repair program charges, alternative enforcement program charges, or any other municipal charges remain unpaid with respect to the multiple dwelling;
(b) the Pilot Program Building is being used or has been altered either without proper permits from the Department of Buildings or in a way that conflicts with the certificate of occupancy for such building (or, where there is no certificate of occupancy, any record of the Department indicating the lawful configuration and use of the such building) and such unlawful alteration or use remains uncorrected;
(c) the application is incomplete or is missing information;
(d) the building is not validly registered with the Department; or
(e) the Department has previously denied an application pursuant to these rules.
(9) If any information stated in an application changes at any time before the Department makes a final determination, the Applicant shall promptly update the application with such new information and submit it to the Department. If such changed information includes any facts that would render the original Applicant ineligible to submit the application, the Department may require that the amended application be executed by an individual who is at that time eligible to submit the application.
(10) An application may not be withdrawn after the Department issues either:
(a) an initial determination that there is reasonable cause to believe that Harassment occurred during the Inquiry Period at the Pilot Program Building, or
(b) a final determination that Harassment occurred during the Inquiry Period at the Pilot Program Building.
(Added City Record 9/7/2018, eff. 10/7/2018)
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