§ 30-07 Project Operation Prior to Disposition if HPD Temporarily Leases the Building to the Sponsor.
RCNY § 30-07
(a)Lease. Prior to Disposition, HPD may temporarily lease the Building to a Lessee pursuant to the terms of a written lease.
(b)Tenant selection policy. Lessee shall rent vacant apartments only to low and/or moderate income Tenants as defined by HPD and in accordance with HPD guidelines. HPD may also, in the public interest, require that other persons, determined by HPD to be in need of housing, receive priority in the renting of apartments. HPD may require that rentals be pre-approved by HPD, that specified lists of eligible persons be used, or may direct any other Tenant selection method be used.
(c)Successor Tenants. Persons claiming to be successor Tenants, if any, prior to a unit entering rent stabilization, are subject to the rules set forth in 28 RCNY Chapter 24.
(d)Interim Payment Agreement. HPD may require the Lessee to enter into one or more Interim Payment Agreements in accordance with 28 RCNY § 30-09.
(e)Limitation on Collection of Arrears. At such time as a Tenant is one month or more in arrears on the payment of rent to Lessee, Lessee may commence a proceeding for such rent arrears and/or for possession of the apartment. Lessee may not sue for arrears which accrued more than three (3) months prior to the commencement of the lease for the Building.
(f)Vacancy Rents. Rents for vacant apartments shall be set by Lessee, subject to HPD approval.
(g)Commencement of Legal Proceedings. Lessee may commence legal proceedings, including eviction proceedings for failure to pay rent in accordance with 28 RCNY § 21-23(c), with the prior approval of HPD.
(h)Tenant Complaints.
(1)Complaints shall, in the first instance, be directed to Lessee.
(2)Tenants shall have the right to file written complaints with HPD staff if a Tenant deems Lessee's response to be inadequate or unsatisfactory.
