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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Chapter 4: Companies Formed Pursuant to the Redevelopment Companies Law of the State of New York [Repealed]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Chapter 19: Unauthorized Occupant Policy for the Division of Property Management [Repealed]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Chapter 29: Sip Occupied Sales Program [Repealed]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
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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
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Chapter 55: [Stove Knob Covers]
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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
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Title 74: Community Hiring
Chapter 34: Tenant Interim Lease Program
§ 34-01 Definitions.
Building. "Building" shall mean any City-owned multiple dwelling, other than a single room occupancy dwelling, which is occupied by Tenants.
City. "City" shall mean the City of New York.
Disposition. "Disposition" shall mean the sale of a Building to an HDFC.
Disposition Rent Increase. "Disposition Rent Increase" shall mean the last rent set by HPD prior to Disposition.
HDFC. "HDFC" shall mean a housing development fund company formed pursuant to Article XI of the Private Housing Finance Law in order to purchase a Building pursuant to these Rules.
HPD. "HPD" shall mean the Department of Housing Preservation and Development of the City.
Intake Rent Increase. "Intake Rent Increase" shall mean the initial rent set by HPD upon Selection of a Building.
Interim Payment Agreement. "Interim Payment Agreement" shall mean an agreement entered into between HPD, the Tenant Association and/or HDFC, 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.
Interim Rent Increase. "Interim Rent Increase" shall mean any rent, other than an Intake Rent Increase or a Disposition Rent Increase, set by HPD from time to time after Selection and before Disposition of a Building.
Laws. "Laws" shall mean any and all applicable laws, orders, rules and regulations.
Occupied Units. "Occupied Units" shall mean any lawfully occupied dwelling units leased and occupied by a Tenant in a Building.
Program. "Program" shall mean the Tenant Interim Lease Program.
Rehabilitation. "Rehabilitation" shall mean the installation, replacement, or repair of one or more systems or the correction of inadequate, unsafe, or unsanitary conditions in a Building.
Selection. "Selection" shall mean notification to a Tenant Association, pursuant to 28 RCNY § 34-03(c), that HPD has approved a Building for the Program.
Rules. "Rules" shall mean the Rules set forth in this chapter.
Tenant. "Tenant" shall mean a residential tenant of record occupying a dwelling unit in a Building pursuant to a lease with the City or with a Tenant Association that has entered into a Tenant Interim Lease. 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.
Tenant Association. "Tenant Association" shall mean an unincorporated association with elected officers that has been formed by and continues to include as members the Tenants of at least sixty percent (60%) of the Occupied Units in a Building. If there is more than one such unincorporated association, "Tenant Association" shall mean the one from which HPD accepts an application for the Program and, if applicable, the one with which HPD executes a Tenant Interim Lease.
Tenant Interim Lease. "Tenant Interim Lease" shall mean the written month-to-month net lease of an entire Building executed by the City, as lessor, and by the Tenant Association, as lessee, following Selection of a Building.
§ 34-02 General.
   (a)   Coverage. These Rules will govern the procedures for: selecting Buildings for the Program, leasing Buildings to the Tenant Associations, determining and establishing rent, providing notice to Tenants and terminating buildings from the Program. Buildings in the Program will be subject to these Rules, 28 RCNY Chapter 21, and 28 RCNY Chapter 24. Notwithstanding any provision of 28 RCNY Chapter 14 to the contrary, Buildings in the Program will not be subject to 28 RCNY Chapter 14.
   (b)   Program Description. Under the Program, Buildings are net leased to Tenant Associations and subsequently sold to HDFCs that will thereafter be solely responsible for the operation of such Buildings.
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