§ 64-02 Application Procedure and Documentation.
RCNY § 64-02
(a)(1) The Agency may authorize changes to any information provided in the Workbook: (i) after the Agency has provided an initial approval thereof until the Notice of Intent has been accepted by the Agency; and (ii) after the Notice of Intent has been accepted by the Agency only if such information conflicts with the requirements of a regulatory agreement with a federal, state or local governmental agency or instrumentality, provided, however, that with respect to both subparagraphs (i) and (ii) of this paragraph, the Agency shall not authorize any changes to the Utility Allowance and the 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 and the definition of “Permitted Rent” in 28 RCNY § 64-01, 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.
(b)The Application must be submitted with the non-refundable filing fee established by the Act, provided that twenty-five percent of such filing fee shall be submitted with the initial Workbook submission, and provided further, however, that the Agency may waive such filing fee for any Application for an Eligible Conversion 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 Eligible Conversion from the filing fee waiver the Agency may provide pursuant to this subdivision.
(c)Each Application shall include: (1) Evidence satisfactory to the Agency that a restrictive declaration in a form satisfactory to the Agency: (i) has been executed by the fee owner and any ground lessee of the Eligible Multiple Dwelling; (ii) has been recorded against the real property containing the Eligible Multiple Dwelling; (iii) identifies each Affordable Housing Unit in the Eligible Multiple Dwelling, the number of bedrooms in such Affordable Housing Unit, the applicable prescribed percentage of Area Median Income for such Affordable Housing 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 provides that the Affordable Housing Units in such Eligible Multiple Dwelling shall during the Restriction Period be rented to eligible tenants at or below the Permitted Rent and be subject to Rent Stabilization; and (iv) provides that such Eligible Multiple Dwelling must comply with all of the requirements for AHCC Program Benefits during the Restriction Period.
(3)Proof that the Agency determined that: (i) an Eligible Multiple Dwelling will meet the unit mix requirements for Affordable Housing Units established pursuant to paragraph (b) of subdivision six of the Act, or, in accordance with such paragraph, is exempt from such unit mix requirements; and (ii) an Eligible Multiple Dwelling will meet the distribution requirements for rental Dwelling Units established pursuant to of paragraph (a) of subdivision six of the Act and 28 RCNY § 64-04.
(4)An executed Monitoring Contract.
(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 Dwelling and the Aggregate Floor Area of Ineligible Space in the Eligible Multiple Dwelling.
(d)All Applications must be submitted on forms approved by HPD. (Added City Record 12/16/2024, eff. 1/15/2025)
