(a) Collection of fees. The Loft Board may charge and collect reasonable fees in the execution of its responsibilities. The Loft Board may, by amending these rules, add to, delete from or modify the types of applications for which fees are charged and/or revise the amount of the fee imposed.
(b) Schedule of reasonable fees.
(1) Registration and code compliance monitoring fee.
(i) Fee amount. The filing fee for registration and code compliance monitoring is $500.00 per residential unit.
(A) Annual registration. Registration of a building or portion of the building as an interim multiple dwelling ("IMD") by the owner, lessee of a whole building, and the agent is required annually. The annual registration period begins on July 1st of each year and ends on June 30th of the following year. If more than 1 registration form is filed for a building, the filing fee for the residential IMD units in the building will be charged only once during any annual period.
(B) Fee required. Landlords filing annual renewal registration forms are required to pay the registration and code compliance monitoring fee prior to the processing of the registration form.
(C) Limitation on registration renewal. Registration as an IMD may be renewed only when all prior registration fees, all outstanding fines and all late filing fees pursuant to 29 RCNY § 2-11(b)(1)(i)(D) have been paid, or such owner has entered into, and is in compliance with, an installment agreement, payment plan or other similar arrangement for the payment of all outstanding monies due to the Loft Board.
(D) Late filing fees. If the annual renewal registration form and fee are not submitted by July 31st of each year in which they are required to be submitted, the owner must pay a late filing fee of $25.00 for the month of July for each residential IMD unit. Thereafter, the owner must pay an additional late filing fee of $5.00 per residential IMD unit for each month or portion of a month until the date when the completed registration form is submitted and the registration fee is paid.
(2) Code compliance applications.
(i) The filing fee for an application for rent adjustments based upon the costs of compliance with Article 7-B of the MDL, or of obtaining a final residential certificate of occupancy, or both is $100.00 for each residential unit that is the subject of the application.
(ii) The filing fee for an application for certification of estimated future rent adjustments is $75.00 for each residential unit that is the subject of the application.
(3) Article 7-C coverage applications.
(i) The filing fee for an application, filed by either the landlord or by the tenant, for coverage of any building or portion of the building, pursuant to Article 7-C of the MDL is $25.00 for each unit that is the subject of the application.
(4) Rent dispute applications.
(i) The filing fee for an application, filed by either the landlord or tenant, disputing base rent or rent increases, not including rent adjustments based on costs of code compliance, is $50.00.
(5) Challenge to proposed sale of improvements applications.
(i) Filing fees.
(A) The filing fee for a challenge to a proposed sale of improvements to a prospective incoming tenant filed with the Loft Board is $800.
(ii) There is no fee for filing a Disclosure Form or Sales Record.
(6) Diminution of service applications.
(i) The filing fee for an application filed by a tenant for diminution of a service or by a landlord disputing its responsibility for providing any such service is $50.00.
(7) Article 7-C compliance applications.
(i) The filing fee for an application filed by a tenant or landlord concerning the landlord's compliance with Article 7-C is $50.00.
(8) Tenant harassment applications.
(i) Harassment applications. The filing fee for an application filed by a tenant complaining of harassment is $100.00.
(9) Application for late filing of the tenant's alternate plan application.
(i) The filing fee for an application to allow late filing of an alternate plan application by a tenant is $50.00.
(ii) There is no filing fee for legalization plans filed by the landlord.
(10) Unreasonable interference with use applications.
(i) The filing fee for an application filed by a tenant for unreasonable interference with use of the IMD unit by the landlord during code compliance work is $50.00.
(11) Landlord access applications.
(i) The filing fee for an application filed by the landlord for an order by the Board to permit access to tenants' units to perform code compliance work following tenants' refusal of such access is $50.00.
(12) Landlord hardship applications.
(i) The filing fee for an application filed by the landlord for a hardship exemption from Article 7-C is $1,000.00.
(13) Decoverage applications.
(i) The filing fee for an application filed by the landlord for an exemption from legalizing nonconforming units (decoverage) is $200.00.
(14) Appeals to the Loft Board of administrative determinations.
(i) The filing fee for an application to appeal the Loft Board staff's administrative determination, such as a request for an extension of a code compliance deadline, is $100.00.
(15) Reconsideration applications.
(i) The filing fee for an application for reconsideration of a Loft Board order is $100.00.
(16) Abandonment applications.
(i) The filing fee for an application for a determination that the occupant of an IMD unit has abandoned the unit is $100.00.
(17) Sublessor – prime lessee compensation applications.
(i) The filing fee for an application to determine the value of improvements made or purchased by the prime lessee or a sublessor who is not the residential occupant qualified for protection pursuant to 29 RCNY § 2-09 is $500.00.
(18) Extension applications.
(i) The filing fee for an extension of a code compliance deadline application is $50.00.
(19) Other applications.
(i) The filing fee for all other types of applications filed with the Loft Board is $50.00.
(c) Payment of application fees.
(1) The application fee is due and payable upon the applicant's submission of the application to the Loft Board. If an application fee is not paid at the time the application is submitted, the application will be deemed incomplete, and will not be considered filed or processed until such payment is made, unless a request for a waiver of the application fee is submitted at the time the application is filed, pursuant to subdivision (e) below. Payment may be made in person or by mail, by certified check, teller check or money order made payable to the City Collector, at the offices of the Loft Board.
(d) Applicability. The fee schedule listed in subdivision (b) above applies to all applications received in person or postmarked on or after January 1, 1991.
(e) Waiver of application fees for financial hardship.
(1) An applicant may request a waiver of the fees provided in this section on the basis of financial hardship. No waiver of fees will be permitted for registration applications set forth in 29 RCNY § 2-11(b)(1)(i).
(2) Procedure for requesting a waiver of application fees.
(i) The request for a waiver of fees pursuant to this section must be received by the Loft Board at the time the application is filed. The request must be made by letter setting forth all pertinent information, including the applicant's name, address, building address, IMD registration number, if applicable, and type of application for which waiver is requested. The request must be accompanied by the affidavit required by 29 RCNY § 2-11(e)(2)(ii) below.
(ii) The request for a waiver of application fees must be filed with an affidavit setting forth:
(1) the amount and all sources of applicant's income,
(2) any property owned and the value thereof,
(3) a statement stating why a waiver of fees is requested, and
(4) any other facts that will be helpful to the Loft Board in making a determination. The Loft Board may demand additional information prior to making the determination on the waiver request. The applicant must file the additional information with the Loft Board within 25 calendar days following the mailing date of the Loft Board's demand for additional information.
(3) The Loft Board will notify the applicant in writing of its determination regarding the waiver request. If the Loft Board denies the waiver request, it will provide a new deadline for the application fee. Failure to file the application fee by the new deadline may result in return of the application.