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Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Chapter 1: Rules and Regulations
Chapter 2: Rules and Regulations Pursuant to Article VIII-A of the Private Housing Finance Law of New York and Title I of the Housing and Community Development Act of 1974
Chapter 3: City-Aided Limited Profit Housing Companies
Chapter 4: Companies Formed Pursuant to the Redevelopment Companies Law of the State of New York [Repealed]
Chapter 5: J51 Tax Exemption and Tax Abatement
Chapter 6: Tax Exemption Pursuant to § 421-a(1) Through § 421-a(15) of the Real Property Tax Law and §§ 11-245, 11-245.1 and 11-245.1-b* of the Administrative Code of the City of New York
Chapter 7: Partial Tax Exemption for Private Dwellings Pursuant to § 421-b of the Real Property Tax Law
Chapter 8: Tax Lien Sales and In Rem Foreclosure Affecting Distressed Properties and Certain Other Properties
Chapter 9: Removal of Violations Issued Pursuant to the Housing Maintenance Code
Chapter 10: Administration of Applications for Certifications of No Harassment
Chapter 11: [Lead-based Paint Abatement; Dwellings; Children]
Chapter 12: Smoke Detecting and Carbon Monoxide Detecting Devices and Systems in Multiple Dwellings
Chapter 13: Stays of Legal Action Regarding Violations of the Multiple Dwelling Law and the Housing Maintenance Code
Chapter 14: Rent Setting and Increases to Tenants in Division of Alternative Management Program Building
Chapter 15: Self-Inspection of Central Heating Plants
Chapter 16: Access to Boiler Rooms in Multiple Dwellings
Chapter 17: Rules Pertaining to Objections to Charges Enforced as Tax Liens Pursuant to §§ 27-2144, 27-2153(q), 27-2091, 27-2115(f)(8), 27-2115(k), 28-215.1.1 and 28-216.11 of the Administrative Code
Chapter 18: Relocation Payments and Services
Chapter 19: Unauthorized Occupant Policy for the Division of Property Management [Repealed]
Chapter 20: Rules Concerning Article 7-a of the Real Property Actions and Proceedings Law
Chapter 21: Division of Alternative Management Programs
Chapter 22: Disposition of Residential Property Developed or Rehabilitated by a City Loan
Chapter 24: Successor Tenants in City Owned Buildings under the Supervision of the Department of Housing Preservation and Development
Chapter 25: Multiple Dwellings
Chapter 26: Commercial Rent Restructuring
Chapter 27: Tripartite General Orders
Chapter 28: Tax Syndication Sharing Program Rules
Chapter 29: Sip Occupied Sales Program [Repealed]
Chapter 30: Neighborhood Redevelopment Program
Chapter 31: Tax Exemptions Under Section 420-c of the Real Property Tax Law
Chapter 32: Tax Exemption and Tax Abatement Under Section 421-g of the Real Property Tax Law
Chapter 33: Housing and Urban Renewal Projects and Programs
Chapter 34: Tenant Interim Lease Program
Chapter 35: Neighborhood Entrepreneurs Program [Repealed]
Chapter 36: Alternative Enforcement Program
Chapter 37: Fees for Administration of Loan Programs and Certain Other Municipality-Aided Projects
Chapter 38: Campaign Finance Act Implementation
Chapter 39: Revocation of Tax Benefits
Chapter 40: [Electronic Submission of Certifications of Correction of Housing Maintenance Code Violations]
Chapter 41: Inclusionary Housing
Chapter 42: Greenthumb Gardens
Chapter 43: [Notification by Mortgagee Commencing an Action to Recover Residential Real Property]
Chapter 44: Orders by the Department for Repair of Underlying Conditions
Chapter 45: Temporary Posting of Emergency Information
Chapter 46: [Housing Information Guide for Tenants and Owners]
Chapter 47: Rules Pertaining to Recurring Violations and Complaint-Based Inspections
Chapter 48: Elevator Violation Referrals
Chapter 49: Eligibility Requirements Pursuant to Real Property Tax Law Section 421-a(17)
Chapter 50: Building Service Employees Prevailing Wage Requirements and Construction Workers Minimum Average Hourly Wage Requirements in Certain Buildings Receiving Benefits Pursuant to Real Property Tax Law § 421-a
Chapter 51: Affordable New York Housing Program Rules and Eligibility Requirements Pursuant to Real Property Tax Law § 421-a(16)
Chapter 52: Speculation Watch List
Chapter 53: Pilot Program Buildings Certifications of No Harassment
Chapter 54: [Indoor Allergen Hazards]
Chapter 55: [Stove Knob Covers]
Chapter 56: Internet Capable Temperature Reporting Devices
Chapter 57: Petitions for Rulemaking
Chapter 58: Housing Portal
Chapter 59: Bedbug Infestation
Chapter 60: CityFHEPS Rent Stabilized Unit Repair Program
Chapter 61: Environmental Review Procedures
Chapter 62: [Reserved]
Chapter 63: Affordable Neighborhoods for New Yorkers Tax Incentive Benefits Pursuant to Real Property Tax Law Section 485-x
Chapter 64: Affordable Housing from Commercial Conversions Tax Incentives Benefits Program Pursuant to Section 467-m of the Real Property Tax Law
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
Chapter 24: Successor Tenants in City Owned Buildings under the Supervision of the Department of Housing Preservation and Development
§ 24-01 Definitions.
City owned building. City owned building. "City owned building" shall mean any building owned by the City of New York and assigned to HPD for management, including a building participating in the Tenant Interim Lease Program.
DHHD. [Repealed.]
Disabled Person. "Disabled person" shall mean a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's life activities.
DPM. [Repealed.]
Family Member. "Family member" shall mean:
   (1)   A husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law of a tenant;
   (2)   Any other person residing with the tenant in the apartment as a primary residence, who can prove emotional and financial commitment, and interdependence between such person and the tenant. Although no single factor shall be determinative, evidence which is to be considered in determining whether such emotional and financial commitment and interdependence existed may include, without limitation, such factors as listed below. In no event is evidence of a sexual relationship between such persons to be required or considered.
      (A)   longevity of the relationship;
      (B)   sharing of or relying upon each other for payment of household or family expenses, and/or other common necessities of life;
      (C)   intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, loan obligations, sharing a household budget for purposes of receiving government benefits, etc.;
      (D)   engaging in family-type activities by jointly attending family functions, holidays and celebrations, social and recreational activities, etc.;
      (E)   formalizing of legal obligations, intentions, and responsibilities to each other by such means as executing wills naming each other as executor and/or beneficiary, granting each other a power of attorney and/or conferring upon each other authority to make health care decisions each for the other, entering into a personal relationship contract, making a domestic partnership declaration, or serving as a representative payee for purposes of public benefits, etc.;
      (F)   holding themselves out as family members to other family members, friends, members of the community or religious institutions, or society in general, through their words or actions;
      (G)   regularly performing family functions, such as caring for each other or each other's extended family members, and/or relying upon each other for daily family services;
      (H)   engaging in other patterns of behavior or other action which evidences the intention of creating a long-term, emotionally-committed relationship.
HPD. "HPD" shall mean the New York City Department of Housing Preservation and Development or any successor agency.
Occupant. "Occupant" shall mean a person occupying an apartment, other than a tenant.
Occupied building. "Occupied building" shall mean a City owned building, occupied by tenants.
Senior Citizen. "Senior Citizen" shall mean a person who is sixty-two years of age or older.
Tenant. "Tenant" shall mean an HPD authorized residential tenant of record. Occupants such as squatters and licensees are not tenants of record.
Unacceptable activity. "Unacceptable activity" shall include, but not be limited to, drug trafficking, prostitution, unlawful possession of a firearm, organized gambling, attacking or threatening other residents of a building or employees, contractors or agents of HPD, damaging or defacing any portion of a building, generating excessive traffic of people or materials in and out of a building, generating loud noise which is disturbing to other residents or engaging in any activity which constitutes a nuisance, or creates a hazard to other tenants of the building.
§ 24-02 Statement of Purpose.
These regulations are intended to set forth the standards that will be used by HPD to determine who will be eligible to apply to succeed to the tenancy of a tenant when an apartment is permanently vacated by that tenant.
§ 24-03 Coverage.
These rules apply to residential apartments in City owned buildings under the jurisdiction of HPD.
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