§ 38-03 [Actions, Transactions and Agreements for Providing Affordable Housing Which Do Not Constitute "Business Dealings with the City".]
RCNY § 38-03
(a)Notwithstanding any other provision of these rules to the contrary, actions, transactions and agreements for providing affordable housing shall not constitute "business dealings with the city" as defined in subdivision 18 of § 3-702 of the Act where any such action, transaction or agreement: (1) is entered into with a housing development fund company that is formed as a cooperative corporation pursuant to PHFL Article XI and the Business Corporation Law, including any discretionary tax benefit granted to such company; or (2) is entered into with a limited profit housing company formed pursuant to PHFL Article II that is organized and operated as a mutual company; or (3) involves solely a mortgage modification; or (4) involves solely the subordination, satisfaction, or assignment of a mortgage; or (5) relates to approval of a certificate of incorporation for a housing development fund company; or (6) involves solely a license agreement or lease for use of City-owned property for nominal consideration or no consideration; or (7) is entered into by an individual or family in connection with the purchase of a one- to four-unit home, a condominium dwelling unit, or the shares attributable to a cooperative dwelling unit under a housing program administered by HPD; or (8) involves a loan pursuant to PHFL § 8-b; or (9) involves a loan or grant the sole purpose of which is the remediation of lead-based paint hazards; or (10) involves exemption or abatement of real property taxes pursuant to RPTL §§ 420-a, 420-c, 421-a, 421-b, 488-a, or 489; or (11) involves a change in ownership of property that is the subject of an action, transaction or agreement for providing affordable housing and that constituted "business dealings with the city" pursuant to subdivision a of 28 RCNY § 38-02; or (12) involves an approval or consent granted pursuant to the provisions of an agreement with HPD, EDC or HDC providing for such approval or consent; or (13) involves the conveyance of property pursuant to New York City Administrative Code § 11-412.1; or (14) involves provision of relocation services pursuant to Administrative Code § 26-301 or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§ 4601 et seq.); or (15) is entered into for the purpose of settlement of litigation to which the City of New York, HDC, or EDC is a party; or (16) is entered into by an individual or entity as a grantee or borrower of Community Development Block Grant Disaster Recovery funds in connection with the rehabilitation, construction, repair, or improvement of housing; or (17) is not listed in 28 RCNY § 38-02.
