§ 62-03 Eligibility Requirements.
RCNY § 62-03
(a)Minimum Scope of Work Threshold. The scope of work must have an average Certified Reasonable Cost of not less than one thousand five hundred dollars ($1,500) for each Dwelling Unit in existence as of the Completion Date.
(b)Time Requirements.
(1)In order to receive Rehabilitation Program Benefits, Eligible Construction must be completed no more than thirty months after the Commencement Date.
(2)Commencement and Completion of Construction.
(i)Establishing the Commencement Date. (A) For work requiring a Building Permit, the Commencement Date for Eligible Construction is the date of issuance of a Building Permit. (B) If the issuance of a Building Permit is not required by law, the Commencement Date for Eligible Construction is the date any physical operation has commenced solely for the purpose of performing Eligible Construction. HPD shall require that the Commencement Date be confirmed by an affidavit of a registered architect or licensed professional engineer, along with such other information as HPD may require to substantiate such date, including, but not limited to, an affidavit from the owner, a copy of the work contract, invoices, cancelled checks and a contractor’s affidavit. If an application contains a series of Eligible Construction work items, the Commencement Date is that of the first Eligible Construction work item for which Rehabilitation Program Benefits are claimed.
(ii)Establishing the Completion Date. (A) The Completion Date for Eligible Construction is the earlier of: (I) the date of issuance or reissuance of a Permanent Certificate of Occupancy; (II) the date of issuance of a Temporary Certificate of Occupancy, provided the only work remaining to secure a Permanent Certificate of Occupancy is work to be performed or completed in space to be used exclusively for non-residential purposes; or (III) the date of the issuance of a sign-off by the Department of Buildings as evidenced by the Department of Buildings certification form, a computer printout or such other official documentation as may be required by the Department of Buildings and is acceptable to HPD if issued in connection with Eligible Construction. (B) If none of the documents set forth above in clause (A) are required by law, the Completion Date for Eligible Construction is that date on which physical operations to undertake Eligible Construction are concluded as confirmed by the submission of an affidavit of a registered architect or licensed professional engineer, along with such other information as HPD may require to substantiate such date, including, but not limited to, an affidavit from the owner, a copy of the work contract, invoices, cancelled checks and a contractor’s affidavit; and (C) If an Alteration Type-1 Permit or analogous successor permit was issued to an applicant, the only acceptable evidence of the Completion Date shall be a Certificate of Occupancy.
(iii)If Eligible Construction for all Existing Buildings in a project is not completed in thirty months or less from the Commencement Date, applications for Rehabilitation Program Benefits may be filed for separate Existing Buildings or separate groups of Existing Buildings which are on the same tax block and lot and are completed within the requisite time period, provided that separate Building Permits were in effect for each such filing.
(3)In order to receive Rehabilitation Program Benefits, an application for a Certificate of Eligibility and Reasonable Cost must be filed with HPD after the Completion Date and (i) for Eligible Construction with a Completion Date before December 31, 2024, not later than April 30, 2025, (ii) for Eligible Construction with a Completion Date on or after December 31, 2024, not later than four months following the Completion Date.
(c)Bedroom Count Requirement.
(d)Rent Requirements.
(4)Hotel Prohibition. No Eligible Rental Building that is operated as a Hotel shall be eligible for Rehabilitation Program Benefits.
(5)Waiver of Rent Adjustments Attributable to Major Capital Improvements. A copy of the declaration required under paragraph 3 of subdivision d of the Act must be filed with HPD on the date any application for a Certificate of Eligibility and Reasonable Cost is made. In calculating rental adjustments pursuant to Rent Guidelines Board orders, the amount of the waived rent shall not be included in the base rent. Such declaration shall be binding upon such owner, and his or her successors and assigns.
(e)Tenant Notification. Pursuant to subdivision g of the Act, an applicant must complete the notice to tenants, in a form prescribed by HPD, and, not more than one hundred eighty days nor less than thirty days prior to the Commencement Date of such Eligible Construction, deliver such notice to all tenants residing in the Multiple Dwelling to be rehabilitated and post a copy conspicuously in a prominent place or places within the public part of the Multiple Dwelling; if more than one hundred eighty days elapse between the date the form notice to tenants is delivered to any tenant and the date rehabilitation actually commences, a new form notice to tenants must be completed and delivered to all tenants residing in such Multiple Dwelling and posted in the same prominent place or places in which the original notice was posted; provided that, in the case of a loan program supervised by HPD, HPD may itself deliver and/or post the required notice to the tenants instead of the applicant. Notwithstanding anything to the contrary contained herein, the required notice to the tenants may be delivered and posted less than thirty days prior to the Commencement Date where Eligible Construction constitutes Emergency Work, provided that such notice shall be delivered and posted as soon as possible. (Added City Record 5/21/2025, eff. 6/20/2025)
