§ 51-02 Application Procedure and Documentation.
RCNY § 51-02
a. No Application shall be filed with respect to any Rental Project before the Completion Date of such Rental Project. a-1. Where a Rental Project is composed of two or more Eligible Multiple Dwellings on the same zoning lot that are part of a single Application, an Application shall be filed no later than one year after the last Completion Date of such Eligible Multiple Dwellings; provided, however, that (1) an Application may be filed for the first Eligible Multiple Dwelling in such Application that meets all of the eligibility requirements for Affordable New York Housing Program Benefits after the Completion Date of such Eligible Multiple Dwelling and such Application may be amended after the Completion Date of each other Eligible Multiple Dwelling in such Rental Project, (2) the Notice of Intent filed with the Application shall include the Affordable Housing Units in such first Eligible Multiple Dwelling as well as any Affordable Housing Units in each other Eligible Multiple Dwelling in such Rental Project with a Completion Date that will be less than three years after such first Eligible Multiple Dwelling's Completion Date, and any Eligible Multiple Dwellings in such Rental Project with a Completion Date that will be three years or more after such first Eligible Multiple Dwelling's Completion Date shall be required to file separate Notices of Intent and provide proof thereof at the time such Application is amended, and (3) no Affordable New York Housing Program Benefits shall be granted to any Eligible Multiple Dwelling that is part of such Application unless all of the Eligible Multiple Dwellings in such Application that were previously granted such benefits remain in full compliance with all of the eligibility requirements for such benefits. a-2. No Application shall be filed with respect to any Homeownership Project before (1) the first assessment following the Completion Date, and (2) there are Board Authorization and Consent Forms and Deeds for each unit in such Homeownership Project. b.
(1)The Agency may authorize changes to any information provided in the Workbook after the Agency has provided an initial approval thereof until the Notice of Intent has been filed; provided, however, that the Agency shall not authorize any changes to the Utility Allowance and Multifamily Tax Subsidy Project Income Limits for the New York, New York HUD FMR Area after the first Workbook is submitted.
(2)Notwithstanding paragraph (1) of this subdivision, where, in accordance with paragraph (1) of subdivision (a-1) of this section, an Application has been filed for a Rental Project composed of two or more Eligible Multiple Dwellings on the same zoning lot after the Completion Date of the first Eligible Multiple Dwelling that meets all of the eligibility requirements of Affordable New York Housing Program Benefits and before the Completion Date of all of the Eligible Multiple Dwellings in such Rental Project, the Agency may authorize changes to the Utility Allowance and Multifamily Tax Subsidy Project Income Limits for the New York, New York HUD FMR Area after the Workbook is submitted solely with respect to any Eligible Multiple Dwelling in such Rental Project whose Completion Date is three or more years after the Completion Date of the Eligible Multiple Dwelling for which the Application was first filed for such Rental Project in accordance with paragraph (1) of subdivision (a-1) of this section, and provided further, in accordance with paragraph (2) of subdivision (a-1) of this section, that such changes shall only be authorized until a Notice of Intent has been filed for any such Eligible Multiple Dwelling in such Rental Project whose Completion Date is three or more years after the Completion Date of the Eligible Multiple Dwelling for which such Application was first filed.
(3)Notwithstanding paragraph (1) of this subdivision and the definition of "Permitted Rent" in 28 RCNY § 51-01, where an Eligible Multiple Dwelling is receiving tax exempt bond proceeds or tax credits, the Agency may authorize the following changes to the information in the Workbook concerning the Affordable Housing Units in such Eligible Multiple Dwelling after the Agency has provided an initial approval thereof: (i) with respect to the Actual Rents listed in such Workbook, the Agency may authorize changes to the Utility Allowance and Multifamily Tax Subsidy Project Income Limits for the New York, New York HUD FMR Area until the marketing advertisement for such Affordable Housing Units has been published through Housing Connect, provided that the tax credit monitoring agency for such Eligible Multiple Dwelling has approved such changes; and (ii) with respect to the Legal Rents listed in such Workbook, the Agency may authorize changes to the Utility Allowance and Multifamily Tax Subsidy Project Income Limits for the New York, New York HUD FMR Area until Permanent Conversion, provided that such changes do not alter the Actual Rents for such Affordable Housing Units published in the marketing advertisement through Housing Connect. c. The Application must be submitted with the non-refundable filing fee established by the Act; provided, however that the Agency may waive such filing fee for any Application that is submitted on or after January 1, 2019 for a Rental Project in which all of the dwelling units are Affordable Housing Units constructed with the substantial assistance of grants, loans or subsidies provided by a federal, state or local agency or instrumentality, pursuant to a program for the development of affordable housing. Any superintendent unit required by the Housing Maintenance Code or multiple dwelling law to be in the Eligible Multiple Dwelling containing such Affordable Housing Units shall not disqualify such Rental Project from the filing fee waiver the Agency may provide pursuant to this subdivision. Factors that the Agency will consider for purposes of any fee waiver determination include whether the applicant has previously paid a filing fee for Affordable New York Housing Program Benefits for the Rental Project. d. Each Application shall include: (1) Evidence satisfactory to the Agency that a restrictive declaration in a form satisfactory to the Agency: (A) has been executed by the fee owner and any ground lessee of the Eligible Multiple Dwelling; (B) has been recorded against the real property containing the Eligible Multiple Dwelling; (C) with respect to a Rental Project, (i) identifies each Affordable Housing Unit in the Eligible Multiple Dwelling, the number of bedrooms in such Affordable Housing Unit, whether such Affordable Housing Unit is an Affordable Housing Forty Percent Unit, Affordable Housing Sixty Percent Unit, Affordable Housing Seventy Percent Unit, Affordable Housing One Hundred Twenty Percent Unit, or Affordable Housing One Hundred Thirty Percent Unit, and provides that the rents to be charged to the tenants of each such Affordable Housing Unit shall be established pursuant to this chapter, and (ii) provides that the Affordable Housing Units in such Eligible Multiple Dwelling shall for the Restriction Period or the Extended Restriction Period, as applicable, be (a) rented to eligible tenants at or below the Permitted Rent, and (b) subject to Rent Stabilization, allowing tenants holding a lease and in occupancy at the expiration of such Restriction Period or Extended Restriction Period, as applicable, to continue to be protected by Rent Stabilization for the duration of their occupancy; (D) with respect to a Homeownership Project, provides the Building Size Requirement, the Post-Completion Assessment Cap Requirement and the Primary Residence Requirement; and (E) provides that such Eligible Multiple Dwelling must comply with all of the requirements for Affordable New York Housing Program Benefits during the Restriction Period or the Extended Restriction Period, as applicable.
(4)An executed Monitoring Contract for a Rental Project.
(5)An affidavit from a registered architect or professional engineer licensed to practice and in good standing with the New York State Department of Education that, among other things, calculates the Aggregate Floor Area of the Eligible Multiple Dwellings in the Eligible Site and the Aggregate Floor Area of Ineligible Space in the Eligible Multiple Dwellings in the Eligible Site.
(6)With respect to a Homeownership Project, the Deed and the Board Authorization and Consent Form for every unit in such Homeownership Project. (Added City Record 9/26/2017, eff. 10/26/2017; amended City Record 1/7/2021, eff. 2/6/2021; amended City Record 12/22/2021, eff. 1/21/2022)
