As used in this chapter, the following terms have the following meanings. Capitalized terms not specifically defined in this chapter have the meanings set forth in the Act.
Act. "Act" means Chapter 18 of Title 26 of the Administrative Code of the City of New York, as may be amended.
Credible Complaint. "Credible Complaint" means a complaint alleging that an owner has violated any provision of the Act with respect to an Affordable Unit that the Department has determined to be credible in accordance with subdivision (a) of 28 RCNY § 58-05.
Unit Information. "Unit Information" shall mean any combination of Full Unit Information, Limited Unit Information, or Offered Unit Information.
(Added City Record 6/21/2021, eff. 7/21/2021)
(a) An Affordable Unit that is offered for rent or sale through the Housing Portal must be offered for rent or sale exclusively through the Housing Portal.
(b) An Affordable Unit that is offered for rent or sale through the Housing Portal must be rented or sold pursuant to such marketing guidelines as may be published by the Department.
(Added City Record 6/21/2021, eff. 7/21/2021)
(a) In addition to the information specifically enumerated in the Act, the term "Full Unit Information" must also include the following information:
(1) the name of any lawful leaseholder or owner of such unit, or lawful owner of shares of a cooperative corporation that entitle the shareholder to occupancy of such unit under a proprietary lease;
(2) a statement as to the reason for turnover of such unit, if applicable; and
(3) the household size of such unit.
(b) Limited Unit Information shall not include any of the information required by subdivision (a) of this section.
(c) Full Unit Information and Offered Unit Information must be submitted under penalty of perjury with a sworn statement by the owner that such information is in compliance with all applicable regulatory agreements and legal requirements.
(d) Full Unit Information and Offered Unit Information must be submitted to the Department through the Housing Portal, or through such alternative software application that interfaces with the Housing Portal as the Department will designate.
(e) Full Unit Information must be submitted to the Department no less than annually.
(f) Offered Unit Information must be submitted immediately upon the owner becoming aware of such unit's anticipated vacancy date.
(Added City Record 6/21/2021, eff. 7/21/2021)
In order to verify that a Housing Portal user is the lawful leaseholder or owner of an Affordable Unit, or is a lawful owner of shares of a cooperative corporation that entitle the shareholder to occupancy of an Affordable Unit under a proprietary lease, such user must complete the designated form provided by the Department on the Housing Portal and attach a copy of the lease, deed, or any other substantiating documentation. The Department will exercise its discretion in determining whether a Housing Portal user has satisfied this verification requirement.
(Added City Record 6/21/2021, eff. 7/21/2021)
(a) Credibility determinations. The Department will determine the credibility of complaints alleging that an owner has violated any provision of the Act with respect to an Affordable Unit. In determining the credibility of such complaints, the Department will consider any accompanying documentation attesting that an owner has violated any provision of the Act, corroborating testimony or any additional information the Department deems relevant.
(b) Verification of allegations.
(1) The Department will conduct an investigation of any Credible Complaint.
(2) Upon the completion of the investigation of a Credible Complaint, the Department will determine whether there is reasonable cause to believe a violation of the provisions of the Act or of this chapter have occurred.
(Added City Record 6/21/2021, eff. 7/21/2021)