§ 53-01 Definitions.
RCNY § 53-01
For the purposes of this chapter, the following terms shall have the following meanings: Access Authorizer. The term "Access Authorizer" means the person who authorizes the Department or a person or entity designated by the Department to enter the Pilot Program Building for purposes of an investigation of an application for a Certification of No Harassment. The Access Authorizer shall be a natural person who either has legal possession of all common areas of the Pilot Program Building, or is authorized to sign on behalf of and bind the persons or entities who have legal possession of all common areas of the Pilot Program Building. Applicant. The term "Applicant" means the person who executes an application for a Certification of No Harassment, and shall be a natural person who is either: (1) an Owner, or (2) a principal or officer of an Owner who is authorized to sign on behalf of and bind such Owner. Building Qualification Index. The term "Building Qualification Index" means an index created by the Department in accordance with § 27-2093.1 of the Administrative Code to evaluate prospective Pilot Program Buildings for distress as set forth in 28 RCNY § 53-03. Certification of No Harassment. The term "Certification of No Harassment" means a certification by the Department that no harassment of any lawful occupants of a Pilot Program Building occurred during the 60 month period prior to the filing of an application for such certification. City-sponsored Neighborhood-wide Rezoning Area. The term "City-sponsored Neighborhood-wide Rezoning Area" means an area of the zoning map for which: (1) amendments to the zoning regulations pertaining to such area were proposed by the City; (2) the city planning commission approved or approved with modifications such amendments for a matter described in paragraph 3 of subdivision a of Section 197-c of the Charter; (3) the city planning commission decision was approved or approved with modifications by the council pursuant to Section 197-d of the Charter and is not subject to further action pursuant to subdivision e or f of such section; (4) the zoning map amendments increased the permitted residential floor area ratio within the rezoned area by at least 33 percent; and (5) the amendments involved at least 10 blocks of real property in such area. Commissioner. The term "Commissioner" means the Commissioner of the Department of Housing Preservation and Development. Covered Categories of Work. The term "Covered Categories of Work" means the following types of construction or other work that require a building owner to obtain a Certification of No Harassment prior to approval of construction documents by the Department of Buildings: (1) demolition of all or part of the Pilot Program Building, other than interior demolition conducted in the course of renovation of occupied units to repair such units where the commissioner of the department of buildings determines that issuance of such permit is necessary to perform work to protect public health and safety and where such health and safety issues have resulted in a violation being issued by the department, the department of buildings, or any other city agency; (2) change of use or occupancy of all or part of a dwelling unit, any residential portion of the Pilot Program Building, or any part of such building serving such dwelling units; (3) any alteration resulting in the addition or removal of kitchens or bathrooms, an increase or decrease in the number of dwelling units, or any change to the layout, configuration, or location of any portion of any dwelling unit; (4) an application for a new or amended certificate of occupancy; and (5) removal of a central heating system and replacement with an individually metered heating system, provided that this type of work shall be considered a Covered Category of Work for any plan approval or any application for a permit or renewal of a permit submitted to the Department of Buildings on and after September 1, 2019. Department. The term "Department" means the Department of Housing Preservation and Development. Exceptions to Covered Categories of Work. The term "Exceptions to Covered Categories of Work" means the following types of construction or other work that, notwithstanding the definition of Covered Categories of Work, do not require a building owner to obtain a Certification of No Harassment prior to approval of construction documents by the Department of Buildings: (1) Work solely for the purpose of either: (a) making the public areas of a Pilot Program Building accessible to persons with disabilities without altering the configuration of any dwelling unit or rooming unit, or (b) making the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities.
(2)Repairs, demolition, or any other work performed by a city agency or by a contractor pursuant to a contract with a city agency.
(3)Repairs, demolition, or any other work performed by an owner who has entered into a regulatory agreement for such building with the Department.
(4)Demolition of a building performed pursuant to a declaration of an immediate emergency or emergency demolition order issued by the Department of Buildings.
(5)Work performed in a building that has an administrator currently appointed pursuant to article seven-a of the real property actions and proceedings law.
(6)Work performed in a building that has been transferred to a third party transferee or that has been transferred by such third party transferee to a subsequent transferee approved by the Department pursuant to an in rem foreclosure judgment under the Third Party Transfer program, authorized under Chapter 3 of Title 11 of the Administrative Code and the rules set forth in 28 RCNY Chapter 8.
(7)Repairs, replacement, modification, or partial demolition work that is the minimum required to be performed to address conditions for rescission of a vacate order issued by the Department or the Department of Buildings in a building. Fee. The term "Fee" means a sum in the amount of $160.00 per existing dwelling unit which amount is a fee to offset all or part of the administrative cost to the Department of processing the application for a Certification of No Harassment. Harassment. The term "Harassment" has the meaning set forth in subdivision 48 of § 27-2004 of the Administrative Code, provided, however, that in investigating whether Harassment occurred pursuant to this Chapter, the Department shall apply the definition of Harassment in such section of the Administrative Code that existed during all relevant times of the Inquiry Period. Inquiry Period. The term "Inquiry Period" means a period commencing 60 months prior to submission of the application for a Certification of No Harassment and ending on the date that the Department issues a final determination on such an application. Low Income Housing. The term "Low Income Housing" means dwelling units that, upon initial rental and upon each subsequent rental following a vacancy, are affordable to and restricted to occupancy by individuals or families whose household income does not exceed an average of 50 percent of the area median income, adjusted for family size, at the time that such household initially occupies the dwelling unit, provided that with respect to Low Income Housing units provided pursuant to a cure agreement in accordance with subdivision (e) of § 27-2093.1 of the Administrative Code and these rules, one-third of such Low Income Housing units shall be affordable to and restricted to occupancy by individuals or families whose household income does not exceed 40 percent of the area median income, one-third of such units shall be affordable to and restricted to occupancy by individuals or families whose household income does not exceed 50 percent of the area median income, and one-third of such units shall be affordable to and restricted to occupancy by individuals or families whose household income does not exceed 60 percent of the area median income. Luxury Hotel. The term "Luxury Hotel" shall have the meaning set forth in 28 RCNY § 10-01. Owner. The term "Owner" means: (1) the holder of title to the property, (2) a contract vendee of title to the property, (3) the lessee pursuant to a net lease of the entire property with an unexpired term of not less than ten years from the date of submission of the application, or (4) a receiver who is authorized by court order to apply to the Department for a Certification of No Harassment and to the Department of Buildings for a building permit. Pilot Program Building. The term "Pilot Program Building" means a multiple dwelling included on the Pilot Program List. Pilot Program List. The term "Pilot Program List" means a list of multiple dwellings with six or more dwelling units meeting the criteria set by subdivision b of § 27-2093.1 of the Administrative Code and by the Department pursuant to these rules. Such multiple dwelling shall remain on the Pilot Program List for 60 months, or until expiration of the local law that authorizes these rules, whichever is later. Such list shall not include any multiple dwelling that: (1) is subject to any other provision of law or rules, including the Zoning Resolution, that requires a Certification of No Harassment as a condition to obtaining approval of construction documents or an initial or reinstated permit in connection therewith from the Department of Buildings; (2) is the subject of a Department-approved program related to the rehabilitation or preservation of a single room occupancy or the provision of affordable housing for persons of low or moderate income, other than a program consisting solely of real property tax abatement or tax exemption pursuant to the real property tax law, and is exempted from the provisions of § 27-2093.1 of the Administrative Code as an exempt program upon review and approval by the Commissioner. For purposes of such exemption, the term, "Affordable Housing" shall mean dwelling units for which occupancy or initial occupancy is required to be restricted based upon the income of the occupant or prospective occupant thereof as a condition of: (i) a loan, grant, tax exemption (except as otherwise provided herein), regulatory agreement, or conveyance of property from any state or local governmental agency or instrumentality pursuant to the Private Housing Finance Law, other than article 8-B of such law, or the General Municipal Law, or (ii) a tax exemption pursuant to section 420-c of the Real Property Tax Law. Affordable Housing shall not include dwelling units for which occupancy or initial occupancy is required to be restricted based on the income of the occupant or prospective occupant thereof as a condition of a tax exemption pursuant to section 421-a of the Real Property Tax Law; (3) contains dwelling units that are required to be and actually are restricted based on income pursuant to an agreement under the mandatory inclusionary housing program or the voluntary inclusionary housing program, provided that the income-restricted units that are required by such agreement are occupied at the time of application for a Certification of No Harassment; (4) is a Rent Regulated Institutional Residence, the occupancy of which is restricted to non-profit institutional use exempted from the requirements of § 27-2093.1 of the Administrative Code by the Department; (5) is owned by the city or other governmental entity; (6) is a clubhouse; (7) is a college or school dormitory; or (8) is a Luxury Hotel. Rent Regulated Institutional Residence. The term "Rent Regulated Institutional Residence" means a multiple dwelling the occupancy of which is restricted to non-profit institutional use and was restricted to non-profit institutional use during the Inquiry Period, is rent regulated, and which has been exempted from the provisions of § 27-2093.1 of the Administrative Code by written determination of the Department. (Added City Record 9/7/2018, eff. 10/7/2018; amended City Record 9/14/2021, eff. 10/14/2021; amended City Record 6/17/2022, eff. 6/17/2022)
