(a) Purpose. This chapter (and any applicable regulations promulgated by the governmental authority providing funds for the rehabilitation or improvement) shall govern the making of loans for rehabilitation and improvement pursuant to Article VIII-A of the Private Housing Finance Law of the State of New York.
(b) Definitions. As used in these rules and regulations, the following terms shall have the meanings set forth below:
Administrative Code. "Administrative Code" shall mean the Administrative Code of the City of New York.
City. "City" shall mean the City of New York.
Commissioner. "Commissioner" shall mean the Commissioner (or Acting Commissioner) of the Department or the chief executive officer (or acting chief executive officer) of any successor to the Department.
Department or Dept. "Department" or "Dept." shall mean the Department of Housing Preservation and Development of the City or any successor thereto.
Dwelling unit. "Dwelling unit" shall mean any residential accommodation in a multiple dwelling.
Housing Maintenance Code. "Housing Maintenance Code" shall mean the Housing Maintenance Code of the City constituting Chapter 2 of Title 27 of the Administrative Code.
Multiple Dwelling Law. "Multiple Dwelling Law" shall mean the Multiple Dwelling Law of the State of New York.
Multiple dwelling or building. "Multiple dwelling" or "building" shall mean an existing dwelling within the City which is rented or leased to be occupied, or is occupied, as the residence of three or more families living independently of each other, and for which a loan application is made under the program.
Occupancy by persons or families of low income. "Occupancy by persons or families of low income" shall mean occupancy by persons or families paying rentals or carrying charges not in excess of the average rentals or carrying charges prevailing in local projects of municipally-aided limited-profit housing companies aided under Article II of the Private Housing Finance Law of the State of New York, the occupancy of which commenced on or after May 18, 1970. The rental or carrying charge for any such projects assisted under § 236 of the United States Housing Act of 1937 shall mean the fair market rental or carrying charge determined from time to time in accordance with the provisions of the agreement with the housing company pursuant to said section. Notwithstanding the foregoing, "occupancy by persons or families of low income" in single room occupancy housing shall mean occupancy by persons paying rentals not in excess of seventy-five (75) percent of the Moderate Rehabilitation Fair Market Rents for 0-bedroom units. "Moderate Rehabilitation Fair Market Rent" shall mean one hundred twenty (120) percent of the amount, less tenant utility allowance where applicable, which is indicated for 0-bedroom units on the then current Existing Housing Fair Market Rent Schedule for the § 8 Existing Housing Assistance Payments Program under the administration of the Department. Where the Department determines on the basis of a market survey or other acceptable and documented evidence that the market rents for dwelling units in the immediate neighborhood where the building is located exceeds the applicable Existing Housing Fair Market Rents, the Department may increase said rents by an amount not to exceed ten (10%) percent.
Owner. "Owner" shall mean an individual, partnership, corporation or other entity, including a non-profit company, a mutual company, or a housing development fund company, which holds record title in fee simple to the premises or is the lessee thereof under a lease having an unexpired term of not less than fifteen years.
Premises. "Premises" shall mean the multiple dwelling or the building and includes the land upon which it is situated.
Program. "Program" shall mean the program for the making of loans pursuant to Article VIII-A of the Private Housing Finance Law of the State of New York and this chapter.
Rehabilitation. "Rehabilitation" or "rehabilitation or improvement" shall mean the curing of any substandard or insanitary condition or conditions, or the replacement, repair or upgrading of heating, plumbing, electrical and related systems.
Rent or rental. "Rent" or "rental" shall also mean carrying charge whenever the multiple dwelling is cooperatively owned. This definition shall not apply to 28 RCNY § 2-04(a)(2).
Single room occupancy housing. "Single room occupancy housing" shall mean dwelling units which:
(1) may be lawfully occupied as the residence of single individuals capable of living independently of each other and do not contain either food preparation facilities or sanitary facilities or both, or
(2) are otherwise used and maintained for such occupancy in full compliance with the building's certificate of occupancy and the provisions of the New York State Multiple Dwelling Law.
Useful life of the dwelling. "Useful life of the dwelling" shall mean the period of time, as determined by the Dept., that the multiple dwelling is expected to be habitable at a level of comfort, safety and sanitation compatible with current requirements of state and city statutes, ordinances and administrative regulations, where there is regular maintenance and care of the major building systems by competent mechanics.
Useful life of the rehabilitation or improvement. "Useful life of the rehabilitation or improvement" shall mean the period of time as determined by the Department that the improvement is expected to function in good condition, with routine maintenance and repair.
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