§ 38-02 [Actions, Transactions and Agreements for Providing Affordable Housing Which Constitute "Business Dealings with the City".]
RCNY § 38-02
(a)Except as otherwise provided in the Act and 28 RCNY § 38-03, actions, transactions and agreements for providing affordable housing shall constitute "business dealings with the city" for purposes of the Act where any such action, transaction or agreement involves: (1) the disposition of City-owned real property; or (2) a loan or grant by HPD or HDC, except as otherwise provided in 28 RCNY § 38-03; or (3) any Discretionary Tax Benefit; or (4) any discretionary approval following a public hearing by either the City Council or the Office of the Mayor, including, but not limited to, any approval pursuant to ULURP, UDAAP, the Urban Renewal Law, the PHFL or the Zoning Resolution; or (5) the allocation of federal low income housing tax credits by HPD pursuant to Internal Revenue Code § 42; or (6) the execution of an agreement with HPD regarding the creation of inclusionary housing in accordance with any applicable provision of the Zoning Resolution.
(b)The actions, transactions or agreements set forth in subdivision a of this section shall only constitute business dealings with the City during the following periods: (1) For an action, transaction or agreement that involves the disposition of City-owned real property, the period commencing on the date that the proposed sponsor submits or makes a proposal to HPD, HDC or EDC to acquire such property and ending as provided in paragraph b of subdivision 18 of § 3-702 of the Act.
(2)For an action, transaction or agreement that involves a loan or grant by HPD or HDC, the period commencing on the date that the proposed sponsor makes or submits an application or proposal to HPD or HDC for such loan or grant and ending one year after the date of construction completion or the final advance or disbursement of funds pursuant to such loan or grant.
(3)For an action, transaction or agreement that involves a Discretionary Tax Benefit, the period commencing with the submission of an application for such exemption or abatement and ending one year after the date of approval of such exemption or abatement by the City Council.
(4)For an action, transaction or agreement that requires any discretionary approval following a public hearing by either the City Council or the Office of the Mayor, including, but not limited to, any approval pursuant to ULURP, UDAAP, the Urban Renewal Law, the PHFL or the Zoning Resolution, but not including the approval of a Discretionary Tax Benefit by the City Council, the period commencing with negotiations and ending as provided in paragraph b of subdivision 18 of § 3-702 of the Act, where applicable, or 120 days after approval by the City Council or the Office of the Mayor.
(5)For an action, transaction or agreement that involves the allocation of federal low income housing tax credits by HPD, the period commencing with the submission of an application for such tax credits to HPD and ending one year after the date of issuance by HPD of the Low Income Housing Credit Allocation and Certification form to the applicant.
(6)For an action, transaction or agreement that involves the execution of an agreement with HPD regarding the creation of inclusionary housing in accordance with any applicable provision of the Zoning Resolution, the period commencing with the submission of an application to HPD for such agreement, and ending one year after the date of execution by HPD of a certificate of completion for the inclusionary housing dwelling units.
(7)For an action, transaction or agreement that involves more than one of the actions, transactions and agreements set forth in subparagraphs one through six of this subdivision, the period commencing on the earliest date provided in such subparagraphs and ending on the latest date provided in such subparagraphs.
(8)Notwithstanding anything to the contrary contained herein, for any proposed action or transaction that HPD determines will not be consummated or for any proposed agreement that HPD determines will not be executed, the end date shall be one year after the date upon which HPD notifies the Office of the Mayor of such determination.
