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(a) In order to determine the amount of Floor Area of an Affordable Housing Unit in a Generating Site, the square footage within the inside face of the walls enclosing such Affordable Housing Unit, (which is all floor surfaces within the Affordable Housing Unit, including closets, and the partitions that separate rooms that are within the same Affordable Housing Unit), shall be measured. Such measurement must exclude (i) the thickness of exterior walls, (ii) the thickness of partitions separating such Affordable Housing Unit from any other Dwelling Units, Rooming Units or other spaces, and (iii) the portions of such Affordable Housing Unit that do not qualify as Floor Area.
(b) Floor Area of a Dwelling Unit or Rooming Unit in a Generating Site that is not an Affordable Housing Unit, other than any Superintendent's Unit, must be measured in the same manner.
(a) Except where the layout is altered, HPD may exempt Preservation Affordable Housing and Substantial Rehabilitation Affordable Housing from the requirement that such Affordable Housing be free of Housing Maintenance Code A and B non-hazardous violations.
(b) Upon Resale, Homeownership Affordable Housing Units must have the same number and size of rooms as existed at Sale.
(c) In order to qualify as Substantial Rehabilitation Affordable Housing, the scope of work for a Generating Site must include items that will cost at least one hundred thousand dollars ($100,000) per Dwelling Unit in 2010 dollars adjusted annually in accordance with the change in CPI. Such costs must be approved by HPD. HPD also must approve the scope of work for the Generating Site, which must include, but is not limited to, the following items, where such items constitute at least 75% of the scope of work:
(1) Beam Replacement (to the extent required by HPD)
(2) New Subflooring
(3) New Partition Framing
(4) New Sheetrock walls and settings
(5) New windows
(6) New finish flooring, roofing and insulation
(7) New kitchen cabinets
(8) New baths with ceramic tile finishes
(9) New interior and exterior doors
(10) New finish carpentry
(11) New plumbing
(12) New heating systems
(13) New electrical systems
(14) New elevators or elevator modernization (where applicable)
(15) Masonry repairs (to the extent required by HPD)
(16) New fire escapes (to the extent required by HPD)
(d) In accordance with Zoning Resolution §§ 23-96(b), (c), and (d), and when a waiver will further the goals of the Program, HPD may waive the height, horizontal, bedroom mix and/or size distribution requirements of Affordable Housing Units for Substantial Rehabilitation Affordable Housing on Generating Sites under the following circumstances:
(1) there are tenants who are returning to such Affordable Housing Units after rehabilitation is completed,
(2) the Substantial Rehabilitation Affordable Housing is the subject of an in rem tax lien foreclosure judgment for the City of New York, or
(3) the Substantial Rehabilitation Affordable Housing is currently owned by a housing development fund corporation or other entity designated by HPD.
"Commencement Date" shall mean for a Generating Site that is New Construction Homeownership Affordable Housing, the date upon which (a) written contracts to purchase at least fifty percent (50%) of the Homeownership Affordable Housing Units in such Generating Site have been signed with separate Households of Eligible Buyers, and (b) a bona fide Eligible Buyer who is not purchasing a Homeownership Affordable Housing Unit as an accommodation to the Generating Site has closed on the purchase of such Homeownership Affordable Housing Unit.
A rental Building that qualifies for Preservation Homeownership Affordable Housing or Substantial Rehabilitation Homeownership Affordable Housing may convert to Homeownership Affordable Housing. Upon conversion to Homeownership Affordable Housing, tenants in legal occupancy in such a Building who do not wish to purchase a Homeownership Affordable Housing Unit will be treated the same as Grandfathered Tenants in rental Affordable Housing. Such Grandfathered Tenants will also retain the right to purchase their Dwelling Unit. When a Grandfathered Tenant chooses to vacate a Homeownership Affordable Housing Unit, such unit must be sold to an Eligible Buyer.
New Construction Homeownership Affordable Housing Units that are not purchased by Eligible Buyers may be rented in accordance with the rental provisions of the Program on or after the date of issuance of a Completion Notice for New Construction Affordable Housing containing such unit. In addition, for Households that meet the requirements of Section 23-962(f)(1) of the Zoning Resolution, New Construction Homeownership Affordable Housing Units may be rented in accordance with the rental provisions of the Program on or after either (a) the date of issuance of a Completion Notice for New Construction Affordable Housing containing such unit, or (b) the date that such New Construction Homeownership Affordable Housing Unit is issued a temporary or permanent certificate of occupancy.
Where there are insufficient rental and Homeownership New Construction Affordable Housing Units to distribute on not less than sixty-five (65%) of the Residential Stories, as specified Section 23-96(b)(1) of the Zoning Resolution, New Construction Affordable Housing Units shall be distributed on as many Residential Stories as possible.
(a) An Affordable Housing Plan or MIH Application must be submitted to HPD with a fee of one hundred dollars ($100.00).
(b) After HPD accepts an Affordable Housing Plan or MIH Application and before a Regulatory Agreement is executed, the applicant must pay to HPD a fee of one thousand one hundred dollars ($1,100.00) per Affordable Housing Unit.
(c) Any request for the re-issuance of a Completion Notice must be submitted to HPD with a fee of two hundred fifty dollars ($250.00).
(d) Payment of any fees under this section shall be made by a certified or bank check or money order payable to the Department of Finance of the City of New York.
(Added City Record 6/20/2018, eff. 7/20/2018)
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