§ 26-3801 Definitions.
AC § 26-3801
For purposes of this chapter, the following terms have the following meanings: Area median income. The term “area median income” means the income limits as defined annually by the United States department of housing and urban development for the New York, NY HUD Metro FMR Area (HMFA), as established in section 3 of the housing act of 1937, as amended. City economic development entity. The term “city economic development entity” means a not-for-profit organization, public benefit corporation, or other entity that provides or administers economic development benefits on behalf of the city, as described by paragraph b of subdivision 1 of section 1301 of the charter. City financial assistance. The term “city financial assistance” means loans, grants, or land conveyances for less than appraised value that are provided to a developer for the development of real property by the city on a discretionary basis and that at the time the developer enters into an agreement with the city are expected to have a total present financial value of one million five hundred thousand dollars or more. City financial assistance includes only loans, grants, or land conveyances for less than appraised value that are provided by the department and does not include any tax exemptions or abatements, any as-of-right assistance or benefits or any lease at below-market lease rates. Where city financial assistance takes the form of land conveyances for less than appraised value that are provided to a developer, the value of the assistance shall be determined based on the difference between the value of the land conveyance provided to developer by the city and the appraised market value of the land being conveyed. Comptroller. The term “comptroller” means the comptroller of the city of New York. Construction. The term “construction” has the same meaning as set forth in section 3302.1 of the New York city building code. Construction employer. The term “construction employer” means any person, corporation, limited liability company, or association employing a construction worker directly, or indirectly, such as through a subcontractor or subcontractors. Construction worker. The term “construction worker” means a person who is employed to perform construction, demolition, hazardous remediation, or manual labor on a housing development project. Demolition. The term “demolition” has the same meaning as set forth in section 3302.1 of the New York city building code. Department. The term “department” means the department of housing preservation and development. Developer. The term “developer” means an individual, sole proprietorship, partnership, joint venture, corporation, or other entity that receives city financial assistance for a housing development project. Essential benefits. The term “essential benefits” means payments made by a construction employer other than wages that directly benefit the construction worker, including medical or dental insurance, retirement accounts, and annuities. Housing development project. The term “housing development project” means construction or demolition of any residential building, residential facility, or residential structure, including any commercial and community components of such building, facility, or structure, conversion of any non-residential floor area to residential, and any green building retrofit including energy efficiency improvements and renewable energy systems installations as defined in section 58-02 of title 19 of the rules of the city of New York that (1) creates or preserves at least 150 or more dwelling units with project construction costs of 3 million dollars or more; and (2) is funded in whole or in part by city financial assistance. The term “housing development project” does not include scatter sites, preservation projects, housing development projects on land owned by the New York city housing authority, or housing development projects wholly sited on land where the disposition of such land is solely by the New York city housing authority. The term “housing development project” does not include supportive housing projects. Manual labor. The term “manual labor” means the type of physical work the performance of which classifies a natural person as a “manual worker” in accordance with section 190 of the labor law and the rules and regulations adopted thereunder. On-site supportive services. The term “on-site supportive services" means the provision of services to residents that may include, but are not limited to, assistance with the physical health, mental health, and substance use needs of such residents. Preservation project. The term “preservation project means a renovation project of any existing residential facilities or structures that preserves dwelling units. “Preservation project” does not include a project that involves a conversion of any non-residential floor area to residential or any green building retrofit including energy efficiency improvements and renewable energy systems installations as defined in section 58-02 of title 19 of the rules of the city of New York. Scatter site. The term “scatter site” means a project consisting of 3 or more buildings where no individual parcel or building is contiguous or located on the same block and no individual parcels or buildings have more than 20 units. Supportive housing project. The term “supportive housing project” means a project for the provision of housing in which (1) a developer has entered into a regulatory agreement with a federal, state, or local government entity that requires (a) at least 35 percent of the residential units in such project be reserved for individuals who are homeless or at risk of becoming homeless, disabled individuals, or homeless families with a disabled head-of-household, and (b) the provision of on-site supportive services to the residents of at least 20 percent of the residential units, and (2) the remaining residential units in such project be rented to households earning, on average, up to 80 percent of the area median income, adjusted for household size. Wage. The term “wage” means gross earnings paid to construction workers for labor or services rendered that are taxed under the Federal Insurance Contribution Act, but not inclusive of essential benefits or other supplemental benefits paid on behalf of construction workers. (L.L. 2026/021, 1/17/2026, eff. 1/1/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/021.
