§ 96-107 Harassment and cure
ZR § 96-107
(a)Definitions
(1)Application date “Application date” shall mean the date that the Department of Housing Preservation and Development accepts a completed application for a certification of no harassment for processing.
(2)Cure compliance lot “Cure compliance lot” shall mean a zoning lot on which low income housing is provided pursuant to a restrictive declaration in accordance with the cure provisions of paragraph (d) of this Section. Each cure compliance lot shall be located entirely within the corresponding cure requirement lot.
(3)Cure requirement “Cure requirement” shall mean floor area in an amount not less than the greater of:
(i)28 percent of the total residential and hotel floor area of any multiple dwelling to be altered or demolished in which harassment has occurred; or
(ii)20 percent of the total floor area of any new or altered building on the cure requirement lot.
Cure requirement shall also mean any cure for harassment that was approved by the City Planning Commission or the Department of Housing Preservation and Development and was permitted by the provisions of this Section prior to December 21, 2005.
(4)Cure requirement lot “Cure requirement lot” shall mean:
(5)Dwelling unit “Dwelling unit” shall have the meaning set forth in the Multiple Dwelling Law.
(6)Exempt hotel “Exempt hotel” shall mean any multiple dwelling:
(iii)which has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development.
(7)Exempt institutional residence “Exempt institutional residence” shall mean any multiple dwelling:
(8)Inquiry period “Inquiry period” shall mean a period which:
provided, however, that the Department of Housing Preservation and Development may:
(b)extend such termination date up to and including the date upon which the Department of Housing Preservation and Development determines to grant or deny a certification of no harassment.
(9)Low income housing “Low income housing” shall mean dwelling units or rooming units occupied or to be occupied by persons or families having an annual household income at the time of initial occupancy equal to or less than 80 percent of the median income for the primary metropolitan statistical area, as determined by the United States Department of Housing and Urban Development or its successors from time to time for a family of four, as adjusted for family size.
(10)Referral date “Referral date” shall mean September 5, 1973.
(11)Restrictive declaration “Restrictive declaration” shall mean a legal instrument which:
(iv)has been approved by the Department of Housing Preservation and Development;
(v)runs with the land and binds all parties in interest to the cure requirement lot and their successors;
(vi)runs with the land and binds all parties in interest to the cure compliance lot and their successors; and
(vii)is perpetual in duration.
(12)Rooming unitRooming unit shall have the meaning set forth in the Housing Maintenance Code.
(c)Certification of No Harassment
(d)Certification of Cure for Harassment
