§ 34-04 Program Activities.
RCNY § 34-04
(a)Lease. Upon acceptance of a Building into the Program, HPD will temporarily lease the Building to the Tenant Association pursuant to the terms of a Tenant Interim Lease. The Tenant Interim Lease shall require the Tenant Association to follow these Rules and all HPD directives. Furthermore, officers and members of the Tenant Association must attend training classes as directed by HPD during the term of the Tenant Interim Lease.
(b)Residential vacancies. If any dwelling unit in the Building is or becomes vacant, the Tenant Association will not sign a lease for such vacant dwelling unit, or allow such vacant dwelling unit to become occupied, without the prior written approval of HPD.
(c)Tenant Association. The Tenant Association will comply with the terms of these Rules, the Tenant Interim Lease, and all HPD directives with regard to the leasing or occupancy of vacant dwelling units. Such HPD directives may include, without limitation, (i) procedures and criteria for the selection of new Tenants, (ii) rents to be charged, (iii) priority for persons that HPD has determined are in need of housing, and (iv) the use of specified lists of eligible persons.
(d)Non-residential vacancies. If any non-residential unit in the Building is or becomes vacant, the Tenant Association will not sign a lease for such vacant non-residential unit, or allow such vacant non-residential unit to become occupied, without the prior written approval of HPD. The Tenant Association will comply with the terms of these Rules, the Tenant Interim Lease, and all HPD directives with regard to the leasing or occupancy of vacant non-residential units. Such HPD directives may include, without limitation, (i) procedures and criteria for the selection of new non-residential tenants, and (ii) rents to be charged.
(e)Collection of arrears. At such time as a Tenant is two months or more in arrears on the payment of rent to the Tenant Association, the Tenant Association may commence a proceeding for such rent arrears and/or for possession of the dwelling unit.
(f)Legal proceedings. The Tenant Association may not commence legal proceedings against Tenants without the prior written approval of HPD, except as specified in 28 RCNY § 34-04(e) or in the Tenant Interim Lease. For non-residential tenants, legal proceedings may be commenced by the Tenant Association without prior written approval of HPD upon any default in the lease.
(g)Tenant complaints. The Tenant Association will respond in a timely manner to all Tenant complaints.
(h)Interim rent increases. During the term of the Tenant Interim Lease, one or more rent increases may be necessary to reflect the actual costs of operating a Building. HPD will from time to time establish an interim rent roll for a Building in the Program reflecting expenses of maintaining and operating the Building.
(1)HPD will prepare a statement of the projected cost of maintaining and operating the Building in the period following the Interim Rent Increase, which statement will reflect actual expenditures, adjusted for inflation on an individual or on a compounded yearly basis, for the maintenance and operation of the Building (including, but not limited to, the cost of fuel, common space utilities, repair and maintenance, supplies, insurance, custodial services, and fees for management and professional services) and any other costs anticipated to be associated with the maintenance and operation of the Building.
(2)HPD will calculate the rent levels necessary to cover the projected cost of maintaining and operating the Building in the period following the Interim Rent Increase, as reflected in such statement, and shall implement an Interim Rent Increase based upon such calculation.
(3)HPD will issue an interim rent roll to the Tenant Association and will notify the Tenants of such Interim Rent Increase at least thirty (30) days prior to the effective date of the new rent.
(4)From the date that Tenants receive notice of the Interim Rent Increase until the effective date of the Interim Rent Increase, (i) HPD will make such statement of maintenance and operating expenses available for public inspection, (ii) any Tenant may comment in writing to HPD regarding the Interim Rent Increase, and (iii) HPD will consider any timely comments received from Tenants.
(i)Successor Tenants. An application for a family member to be approved as a successor tenant will be subject to the rules governing successor tenants set forth in Chapter 24 of Title 28 of the rules of the city of New York. The Tenant Association will be required to provide a statement either supporting or opposing the successor tenant application. This statement must include the Tenant Association's reasons for support or opposition.
