§ 34-03 Entering the Program.
RCNY § 34-03
(a)Eligible buildings. A Building may be eligible for selection for the Program if HPD makes all of the following discretionary determinations: (1) the Building requires Rehabilitation such that it is not marketable to the private sector in its "as is" condition, and HPD funding is necessary to return the Building to the private sector; and (2) the performance of Rehabilitation is technically feasible; and (3) the cost of Rehabilitation is economically reasonable; and (4) the cost of Rehabilitation is within available HPD resources; and (5) the Building is a Class A multiple dwelling containing at least three dwelling units; and (6) at least two of the dwelling units in the Building are Occupied Units; and (7) the Building has not been designated by HPD for disposition through another program, except to the extent that rules promulgated by HPD for such other program explicitly authorize a withdrawal to participate in the Program; and (8) the Building has not previously participated in the Program, unless such participation was terminated more than five years prior to the current application.
(b)Application procedure; selection requirements. If HPD has determined that a Building is eligible for the Program and its assignment to the Program is in the best interests of the City, a Tenant Association may apply for selection for the Program by complying with the following standards: (1) the Tenant Association must submit an application on a form supplied by HPD signed by (i) the Tenants of all of the Occupied Units in a Building containing up to five dwelling units, or (ii) the Tenants of at least sixty percent (60%) of the Occupied Units in a Building containing six or more dwelling units; and (2) the Tenants of at least fifty percent (50%) of the Occupied Units must pay one hundred percent (100%) of the billable rent for their respective dwelling units for the three months immediately prior to the filing of the application and continuously until HPD makes a determination of Selection; and (3) officers and members of the Tenant Association must attend training classes as directed by HPD; and (4) the Tenant Association must notify the Tenants of a meeting at which HPD will discuss the Program. Tenants of at least fifty percent (50%) of the Occupied Units must attend the meeting. If Tenants of less than fifty percent (50%) of the Occupied Units attend the meeting, the Tenant Association must notify the Tenants of a second meeting. If Tenants of less than fifty percent (50%) of the Occupied Units attend the second meeting, the Building will not be considered for the Program; and (5) HPD must determine that the Building can be managed by the Tenant Association.
(c)Notice of approval. If the application has been approved, HPD will notify the Tenant Association of such approval in a written notice by regular mail to the president of the Tenant Association. The notice of approval shall include any notice of an Intake Rent Increase, which shall be implemented thirty (30) days thereafter in accordance with subdivision (f) of this section, and HPD shall send a copy to the Tenants by regular mail. If the application has been rejected, HPD will notify the president of the Tenant Association of such rejection and the reason therefor by regular mail.
(d)Post-acceptance activities. Upon acceptance of the application and prior to execution of the Tenant Interim Lease, the Tenant Association must: (1) adopt by-laws and articles of association in a form specified by HPD; and (2) elect officers; and (3) set up a restricted bank account as required by HPD.
(e)Execution of the Tenant Interim Lease. After HPD determines that the Tenant Association has complied with all of the requirements set forth in 28 RCNY § 34-03(d), the Tenant Association must sign the Tenant Interim Lease and implement the Intake Rent Increase set by HPD.
(f)Intake Rent Increases.
(1)HPD will from time to time establish intake rent levels, expressed as a minimum dollar amount per zoning room, for all dwelling units in Buildings entering the Program. Such intake rent levels will be based upon maintenance and operating expenses in similar buildings. Such intake rent levels and the rationale therefore will be kept on file by HPD and will be available for public inspection.
(2)HPD will issue an intake rent roll to the Tenant Association and will notify the Tenants of the Intake Rent Increase at least thirty (30) days prior to the effective date of the Intake Rent Increase.
