This chapter governs the procedures by which the public may submit petitions for rulemaking to HPD pursuant to section 1043(g) of Chapter 45 of the New York City Charter, also known as the City Administrative Procedure Act, and the procedures for HPD consideration and disposition of such petitions.
(Added City Record 8/6/2021, eff. 9/5/2021)
As used in this chapter, the following terms have the following meanings.
(a) HPD. "HPD" means the Department of Housing Preservation and Development of the City of New York or any successor agency or department thereto.
(b) Person. "Person" means an individual, partnership, corporation or other legal entity, and any individual or entity acting in a fiduciary or representative capacity.
(c) Petition. "Petition" means a request or application for HPD to adopt a Rule.
(d) Petitioner. "Petitioner" means the Person who files a Petition.
(e) Rule. "Rule" has the same meaning as in section 1041(5) of the New York City Charter.
(Added City Record 8/6/2021, eff. 9/5/2021)
(a) Any Person may submit a Petition.
(b) The Petition must include:
(1) The Rule to be considered, with proposed language for adoption;
(2) A statement of the Rule's purpose and HPD's authority to promulgate the Rule;
(3) The Petitioner's arguments in support of adopting the Rule;
(4) The period of time the Rule should be in effect;
(5) The name of the Petitioner or his or her authorized representative and at least one of the following: (A) mailing address, (B) telephone number, or (C) email address; and
(6) The signature of the Petitioner or his or her authorized representative.
(c) Any change in the information provided pursuant to paragraph five of subdivision b of this section must be reported promptly in writing to HPD by:
(1) mail or hand delivery to the Office of Legal Affairs of HPD at 100 Gold Street, 5th Floor, New York, New York 10038, ATTN: General Counsel; or
(2) e-mail to rules@hpd.nyc.gov.
(d) The Petition must be typewritten.
(e) The Petition must be:
(1) mailed or delivered to the Office of Legal Affairs of HPD at 100 Gold Street, 5th Floor, New York, New York 10038, ATTN: General Counsel; or
(2) e-mailed to HPD at rules@hpd.nyc.gov.
(Added City Record 8/6/2021, eff. 9/5/2021)
(a) When a Petition is submitted to HPD in proper form, HPD will stamp or otherwise register receipt of the Petition with the date it was received and will assign the Petition a number or other unique identifier.
(b) HPD Response.
(1) After HPD receives a Petition submitted in proper form, HPD must, within sixty days from the date of the Petition's receipt, either:
(A) deny the Petition in writing, stating the reasons for denial, or
(B) grant the Petition in writing, stating HPD's intention to initiate rulemaking, by a specified date, concerning the subject of the Petition.
(2) HPD is not required to grant the entirety of a Petition and is not bound by the language proposed by a Petition. HPD may amend or modify a Petition's proposed language at HPD's discretion.
(Added City Record 8/6/2021, eff. 9/5/2021)
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