For purposes of this chapter:
(a) Appraisal Fee. Appraisal Fee shall mean the amount charged to a grantee, borrower, or recipient for HPD's administrative costs in connection with a Simple Appraisal or a Complex Appraisal.
(b) Certificate of Incorporation Fee. Certificate of Incorporation Fee shall mean the amount charged to an applicant for HPD's administrative costs in connection with the review of the formation or dissolution of a housing development fund corporation pursuant to Article XI of the Private Housing Finance Law or any amendment to the certificate of incorporation of a housing development fund corporation.
(c) City-owned Property. City-owned Property shall mean real property title to which is held by the City of New York.
(d) Complex Appraisal. Complex Appraisal shall mean an investigation by an appraiser to estimate the value of a property that is the basis of underwriting of a loan or grant or that will be conveyed from City to private ownership where such property consists of:
(1) six or more tax lots consisting entirely of vacant land, for which the valuation can be made solely based upon available comparable sales data; or
(2) any improved residential property consisting of four or more class A units; or
(3) any improved property consisting of a combination of commercial and residential uses; or
(4) any property consisting of a combination of vacant and improved land; or
(5) any other complex development project consisting of a combination of uses.
(e) Equal Employment Compliance Fee. "Equal Employment Compliance Fee" shall mean the amount charged to both a project sponsor and to a prime contractor for HPD's administrative costs in processing and reviewing employment reports required to be submitted pursuant to Executive Order 50 of 1980.
(f) HPD. HPD shall mean the Department of Housing Preservation and Development of the City of New York.
(g) Labor and Prevailing Wage Compliance Fee. "Labor and Prevailing Wage Compliance Fee" shall mean the amount charged to a project sponsor for each project for HPD's administrative costs in processing and reviewing compliance with the Federal Davis Bacon Act (40 U.S.C. §§ 3141 et seq.), State Labor Law §§ 220 and 230, Real Property Tax Law § 421-a(8), and New York City Administrative Code § 6-109 labor and prevailing wage requirements.
(h) License Agreement Fee. License Agreement Fee shall mean the amount charged to an applicant for HPD's administrative costs in connection with preparing each license agreement or renewal thereof for short-term use of City-owned property. Such fee shall not be deemed to be a rental or use and occupancy charge.
(i) Mortgage Servicing Fee. Mortgage Servicing Fee shall mean the amount charged to a grantee, borrower, or recipient for HPD's administrative costs in connection with processing requests to subordinate, satisfy or otherwise modify HPD debt.
(j) Simple Appraisal. Simple Appraisal shall mean an investigation by an appraiser to estimate the value of a property that is the basis of underwriting of a loan or grant or that will be conveyed from City to private ownership where such property consists of:
(1) five or fewer tax lots consisting entirely of vacant land, for which the valuation can be made solely based upon available comparable sales data; or
(2) any improved residential property consisting of not more than three class A residential units for which the valuation can be made solely based upon available comparable sales data.
(Amended City Record 9/14/2020, eff. 10/14/2020)
The amount of each fee authorized under this chapter shall be as follows:
(a) Appraisal Fee. HPD may charge an Appraisal Fee in the amount of two thousand five hundred dollars ($2,500) for each Simple Appraisal, and in the amount of three thousand dollars ($3,000) for each Complex Appraisal.
(b) Certificate of Incorporation Fee. HPD may charge a Certificate of Incorporation fee in the amount of two hundred and fifty dollars ($250).
(c) Equal Employment Compliance Fee. HPD may charge an Equal Employment Compliance Fee in the amount of seven hundred dollars ($700) for each employment report it reviews for compliance, not to exceed one thousand four hundred dollars ($1,400) per project unless such project is exempt under subdivision b of 28 RCNY § 37-04.
(d) Labor and Prevailing Wage Compliance Fee. HPD may charge a Labor and Prevailing Wage Compliance Fee in the amount of thirty thousand dollars ($30,000) for each project it reviews for compliance unless such project is exempt under subdivision b of 28 RCNY § 37-04.
(e) License Agreement Fee. HPD may charge a License Agreement Fee in the amount of one hundred dollars ($100).
(f) Mortgage Servicing Fee. HPD may charge a Mortgage Servicing Fee in the amount of four hundred dollars ($400).
(Amended City Record 9/14/2020, eff. 10/14/2020)
(a) All fees authorized pursuant to this chapter shall be due and payable as directed by HPD. The fees set forth in this chapter shall be in addition to any other fees authorized under any other law or rules.
(b) The following loan or grant programs are exempt from the Equal Employment Compliance Fee and the Labor and Prevailing Wage Compliance Fee:
(1) One- to Four-Family Programs. Loans or grants made to owners of one- to four-family buildings for rehabilitation and repairs.
(2) Super Storm Sandy Disaster Recovery Programs. Community Development Block Grant Disaster Recovery Fund loans or grants made to owners for construction, rehabilitation, repair, or improvement of buildings impacted by Super Storm Sandy.
(3) Lead Paint Primary Prevention Program. Loans or grants made to building owners to treat lead-based paint hazards.
(4) Article 7A Financial Assistance. Loans made to administrators appointed under Real Property Actions and Proceedings Law Article 7A for the repair or rehabilitation of a subject building.
(5) Neighborhood Entrepreneurs Program. Loans made to neighborhood-based private property managers to own and manage occupied and vacant City-owned buildings.
(6) Neighborhood Redevelopment Program. Loans made to community-based, not-for-profit organizations for rehabilitation and operation of rental housing.
(c) The Mortgage Servicing Fee may be waived if HPD has determined that the structure financed by a loan or grant under one of HPD's One- to Four-Family Programs, or under a condominium project, or under a cooperative project that is not owned by a housing development fund corporation, has been confirmed by HPD to contain a serious construction defect, or that the owner of such structure or board of managers of such condominium project, or board of such cooperative project has experienced loss of income as a result of the COVID-19 Pandemic, and has submitted adequate documentation to HPD regarding such loss. Such determination will be solely within HPD's discretion. Such waiver may be granted for loss of income as a result of the COVID-19 Pandemic where such fee may have been due on or after March 2020.
(Amended City Record 9/14/2020, eff. 10/14/2020)