§ 62-02 Definitions.
RCNY § 62-02
As used in this chapter, the following terms shall have the following meanings. Capitalized terms not specifically defined in this chapter shall have the meanings set forth in the Act. Act. “Act” means § 11-243.2 of the Administrative Code, as amended. Actual Assessed Value. “Actual Assessed Value” means the value of a property for real property tax purposes as determined by assessors as that term is defined in Real Property Tax Law § 102(1). Administrative Code. “Administrative Code” means the Administrative Code of the City of New York, as amended. Attorney General. “Attorney General” means the Attorney General of the State of New York. Bedroom. “Bedroom” means any living room as defined in § 27-2004 of the Housing Maintenance Code and § 4 of the Multiple Dwelling Law, after excluding the primary living room and the kitchen, except that Dwelling Units which contain a combined living/dining/kitchen space in excess of three hundred twenty-five square feet may be deemed to include both a kitchen and living room, so that any additional rooms may be considered Bedrooms under subdivision f of the Act. BLDS. “BLDS” means HPD’s Division of Building and Land Development Services or any successor unit. Building Permit. “Building Permit” means a permit that is issued by the Department of Buildings to authorize work on Eligible Construction. Certificate of Occupancy. “Certificate of Occupancy” means a Temporary Certificate of Occupancy or a Permanent Certificate of Occupancy. Certified reasonable cost or CRC. “Certified reasonable cost” or “CRC” means the cost of Eligible Construction certified by HPD to be eligible for Rehabilitation Program Benefits pursuant to the procedures set forth in this chapter, as evidenced by the issuance by HPD of a Certificate of Eligibility and Reasonable Cost. City. “City” means the City of New York. Class A multiple dwelling. “Class A multiple dwelling” means a Class A multiple dwelling as defined in § 4 of the Multiple Dwelling Law. Class B multiple dwelling. “Class B multiple dwelling” means a Class B multiple dwelling as defined in § 4 of the Multiple Dwelling Law. Commissioner. “Commissioner” means the Commissioner of the Department of Housing Preservation and Development or his or her designee. Condominium. “Condominium” means any Dwelling Unit that is owned pursuant to Article IX-B of the Real Property Law and is situated in a Class A Multiple Dwelling that either (a) has had an Offering Plan accepted for filing by the Attorney General, (b) has received a “no action” letter from the Attorney General, or (c) has demonstrated that it is not subject to the requirements of § 352(e) of the General Business Law. Cooperative. “Cooperative” means any Existing Building which is operated exclusively for the benefit of persons or families who are entitled to occupancy in Dwelling Units by reason of ownership of stock, membership, or other evidence of ownership in the corporate owner of the building, or for the benefit of such persons or families entitled to occupancy in Dwelling Units in such building under applicable provisions of law without ownership of stock, membership, or other evidence of ownership in the corporate owner of the Building, where such Building either (a) has had an Offering Plan accepted for filing by the Attorney General, (b) has received a “no action” letter from the Attorney General or (c) has demonstrated that it is not subject to the requirements of § 352(e) of the General Business Law. Department of Buildings. “Department of Buildings” means the Department of Buildings of the City. Department of Environmental Protection. “Department of Environmental Protection” means the Department of Environmental Protection of the City. Department of Finance. “Department of Finance” means the Department of Finance of the City of New York or any successor agency or department thereto. DHCR. “DHCR” means the New York State Division of Housing and Community Renewal. Disposition of Funds Statement. “Disposition of Funds Statement” means written confirmation of funds actually advanced for Eligible Construction under a building loan agreement made pursuant to Article 8, 8-a, 11, 12, 15 or 22 of the Private Housing Finance Law, or § 312 of the United States Housing Act of 1964 (42 U.S.C. § 1452b), or the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. §§ 12701 et seq.), or § 696-a or § 99(h) of the General Municipal Law or § 309(11)(b) of the Multiple Dwelling Law, or any other City-supervised housing program, or, in the discretion of HPD, other governmentally supervised housing programs. Emergency Work. “Emergency Work” has the same meaning as set forth in Administrative Code § 28-105.4.1. Energy Star. “Energy Star” means a designation from the United States Environmental Protection Agency or Department of Energy indicating that a product meets the energy efficiency standards set forth by such agency for compliance with the Energy Star program. General Business Law. “General Business Law” means the General Business Law of the State of New York. Gross cubic content. “Gross cubic content” of a building means the volume within the exterior faces of the perimeter walls (or center line of party walls), above legal grade, and below the roof level, plus any legal residential space below grade level. Roof bulkheads or roof penthouses used exclusively for machinery or equipment shall not be included. New exterior stair towers or elevator shafts shall not be included, unless they substitute for existing stair or elevator space which is converted to residential space. HDFC. “HDFC” means a housing development fund company organized pursuant to Article XI of the Private Housing Finance Law. Hotel. “Hotel” means (a) any Class B Multiple Dwelling, as such term is defined in the Multiple Dwelling Law, (b) any structure or part thereof containing living or sleeping accommodations which is used or intended to be used for transient occupancy, (c) any apartment hotel or transient hotel as defined in the Zoning Resolution, or (d) any structure or part thereof which is used to provide short term rentals or owned or leased by an entity engaged in the business of providing short term rentals. For purposes of this definition, a lease, sublease, license or any other form of rental agreement for a period of less than six months shall be deemed to be a short term rental. Notwithstanding the foregoing, Market Rental Units owned or leased by a not-for-profit corporation for the purpose of providing governmentally funded emergency housing shall not be considered a Hotel for purposes of this chapter. Household Appliance. “Household appliance” means any refrigerator, room air conditioner, dishwasher or clothes washer, within a Dwelling Unit in the Multiple Dwelling that is provided by the owner, and any boiler or furnace that provides heat or hot water for any Dwelling Unit in the Multiple Dwelling. Housing Maintenance Code. “Housing Maintenance Code” means the Housing Maintenance Code of the City, constituting §§ 27-2001 et seq. of the Administrative Code, as amended. HPD. “HPD” means the Department of Housing Preservation and Development of the City. Increase in gross cubic content. “Increase in gross cubic content” means any portion of a building that results from new construction as distinguished from alterations or improvements to the gross cubic content in existence immediately prior to the Commencement Date. Multiple Dwelling Law. “Multiple Dwelling Law” means the Multiple Dwelling Law of the State of New York. Non-Residential Space. “Non-Residential Space” means any space within an Eligible Building that is devoted to commercial, community facility, or other non-residential use. Offering Plan. “Offering Plan” means an offering statement or plan with respect to a Condominium or Cooperative as required by § 352-e of the General Business Law. Permanent Certificate of Occupancy. “Permanent Certificate of Occupancy” means a permanent certificate of occupancy that is issued by the Department of Buildings with respect to a Class A Multiple Dwelling for all Dwelling Units contained therein. Private Housing Finance Law. “Private Housing Finance Law” means the Private Housing Finance Law of the State of New York. Reasonable cost. “Reasonable cost” means the cost of Eligible Construction as conclusively determined and certified by HPD pursuant to this chapter. Rules. “Rules” means this chapter of the Rules of the City of New York. Supervising agency. “Supervising agency” has the same meaning as set forth in section two of the Private Housing Finance Law. Temporary Certificate of Occupancy. “Temporary Certificate of Occupancy” means a temporary certificate of occupancy that is issued by the Department of Buildings for all Dwelling Units contained within a Class A Multiple Dwelling. Utility Allowance. “Utility Allowance” means an allowance established by HPD for the payment of utilities where the tenant of a Qualifying Rental Unit is required to pay all or a portion of the utility costs with respect to such unit in addition to any payments of rent. Zoning Resolution. “Zoning Resolution” means the Zoning Resolution of the City of New York, as amended. (Added City Record 5/21/2025, eff. 6/20/2025)
