Administrative Code. "Administrative Code" shall mean the Administrative Code of the City.
Building. "Building" shall mean any multiple dwelling which is occupied by Tenants and (prior to Disposition) owned by the City, including any vacant land adjacent thereto, which is or may be the subject of a Project.
City. "City" shall mean the City of New York.
Commissioner. "Commissioner" shall mean the Commissioner of HPD or his or her designee.
DHCR. "DHCR" shall mean the State of New York Division of Housing and Community Renewal.
Disposition. "Disposition" shall mean the date of title transfer of a Building from the City to a Sponsor.
Final Selection. "Final Selection" shall mean a decision by HPD to select a Building for the Program.
FMR. "FMR" shall mean the fair market rent set by the § 8 program or any other successor program of the United States Department of Housing and Urban Development.
Housing Maintenance Code. "Housing Maintenance Code" shall mean Chapter 2 of Title 27 of the Administrative Code.
HPD. "HPD" shall mean the Department of Housing Preservation and Development of the City, or its designee.
Intake Rent. "Intake Rent" shall mean the rent set by HPD which takes effect after Project Commencement.
Interim Payment Agreement. "Interim Payment Agreement" shall mean an agreement entered into between HPD, the Sponsor and a Tenant eligible for rental assistance to temporarily accept less than the full rent from the Tenant prior to the provision of rental assistance.
Laws. "Laws" shall mean any and all applicable laws, ordinances, orders, rules and regulations.
Lessee. "Lessee" shall mean the Sponsor during the period between Project Commencement and Disposition if HPD and Sponsor enter into a temporary lease of the Building.
Post-Rehabilitation Rent. "Post-Rehabilitation Rent" shall mean the rent set by HPD which takes effect after Substantial Completion.
Preliminary Selection. "Preliminary Selection" shall mean a preliminary determination by HPD to select a Building for the Program.
Program. "Program" shall mean the Neighborhood Redevelopment Program.
Project. "Project" shall mean a project in the Program.
Project Activity. "Project Activity" shall mean any activity performed or required to be performed by the Sponsor in connection with a Project.
Project Commencement. "Project Commencement" shall mean the date the Project has commenced, as set forth in the notice described in 28 RCNY § 30-04(e).
Qualified Not-For-Profit Corporation. "Qualified Not-For-Profit Corporation" shall mean a not-for-profit entity selected by HPD to participate in the Program.
Rehabilitation. "Rehabilitation" shall mean the installation, replacement, or repair of one or more Building systems or the correction of inadequate, unsafe, or insanitary conditions.
Rules. "Rules" shall mean the rules set forth in this chapter.
Sponsor. "Sponsor" shall mean the entity selected by HPD to lease, own and/or develop the Project, and any entity substantially controlled by such Sponsor.
Subsidy. "Subsidy" shall mean a loan or a grant made by HPD to a Sponsor for Project Activities.
Substantial Completion. "Substantial Completion" shall mean the date on which HPD certifies that (a) construction work comprising at least 95 percent of the approved Rehabilitation cost has been satisfactorily completed, and (b) all work required to remove Housing Maintenance Code violations which were of record before the Rehabilitation of the Building and were then classified as "B" and "C" has been completed.
Tenants. "Tenants" shall mean residential tenants of record occupying a dwelling unit in a Building. Other residential occupants, such as squatters and licensees, are not Tenants. Non-residential tenants or occupants, such as those who occupy space in a Building for retail, commercial, manufacturing, or community facility purposes, are not Tenants.
(a) Coverage. These Rules govern the procedures for: selecting Buildings for the Program, selecting Sponsors for the Program, providing Subsidies for Projects, Project operation, determination and establishment of rents, and providing notices to Tenants. Buildings in the Program shall be subject to these Rules.
(b) Program Description. Under the Program, titles to Buildings will be conveyed to Sponsors who will thereafter be responsible for the Rehabilitation of such Buildings. Sale of the Buildings will be pursuant to applicable Laws and each Disposition will require approval of the Mayor and the City Council, acting in their respective capacities pursuant to such Laws.
HPD may select a Sponsor for a Project by any method which it determines will best further the purposes of the Program, including, without limitation, pursuant to a request for qualifications process, pursuant to a request for proposals process, selection from a pre-qualified list or, in the discretion of HPD, by a direct designation of an entity judged by HPD to be suitable for the task. HPD, in selecting a Sponsor, may consider any relevant factors, including, but not limited to:
(i) the Sponsor's prior record in other City housing programs;
(ii) the Sponsor's prior selection by the City as a developer in another program;
(iii) the Sponsor's record as a property owner, developer, or manager;
(iv) the Sponsor's relevant experience in and knowledge of the neighborhood where the Project is located, and
(v) any relevant written comments by Tenants. It is intended that the Sponsor will be a Qualified Not-For-Profit Corporation.
(a) Eligible Buildings. HPD may select Buildings for the Program if:
(1) Rehabilitation of the Building is technically and financially feasible;
(2) The Building has not been accepted into another HPD disposition program.
(b) Notice of Preliminary Selection. After HPD has found a Building to be eligible pursuant to subdivision (a) of this section and has preliminarily selected the Building for the Program, HPD shall provide all Tenants of the Building with a document containing the following:
(1) A statement that HPD is considering placing the Building in the Program;
(2) A description of the Program;
(3) A statement that an Intake Rent will be set;
(4) A statement that the Building may be eligible for other HPD programs and the name, address and phone number of an HPD employee who may provide information on how to apply for such other programs;
(5) The name of the Sponsor selected by HPD to develop the Project; and
(6) A statement that the Building will remain in the Program unless accepted into another HPD program.
(c) Tenant Meeting. HPD shall hold a Tenant meeting prior to making a Final Selection, giving notice to Tenants at least two business days prior to such meeting.
(d) Notice of Final Selection. No sooner than thirty (30) days after the Preliminary Selection, HPD shall notify the Tenants of a Building of the Final Selection of the Building for the Program. No later than ninety (90) days after the notice of Final Selection, the Tenants of a Building selected for the Program may apply for any other HPD disposition program that accepts applications from Tenants.
(e) Notice of Project Commencement. No sooner than ninety (90) days after the notice of Final Selection, HPD shall notify the Tenants of a Building that the Project has commenced, unless the Tenants have applied for another HPD disposition program that accepts applications from Tenants within such time period. If the Tenants have applied for another HPD disposition program that accepts applications from Tenants within such time period and have been rejected from such program, then, immediately after the later of such rejection or ninety (90) days after the notice of Final Selection, HPD shall notify such Tenants that the Project has commenced.
(f) Notice of Intake Rent. Either at the time of the notice of Project Commencement or thereafter, HPD shall notify each Tenant of the Intake Rent and the date it becomes effective, which effective date shall be not less than thirty (30) days after the date of the notice of Intake Rent, and shall, in accordance with 28 RCNY § 30-09, provide information on rental assistance which may be available to Tenants and the procedures to apply for such assistance.
(a) Eligible Costs. Subject to the limitations set forth in applicable Laws, a Subsidy may be made in such amounts as may be required for Project Activities.
(b) Commitment Letter. HPD may state Subsidy terms in a commitment letter signed by the Commissioner. Such commitment letter, if any, may contain such terms as HPD may deem necessary or desirable in order to effectuate the purposes of these Rules and to protect the City's interests. The provision of the Subsidy shall be made subject to satisfaction of all the terms and conditions contained in such commitment letter.
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