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What is NYC AC § 26-1802?

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This section mandates the creation and maintenance of a housing portal by the department, allowing owners of affordable units to list their properties for rent or sale and accept applications for occupancy. The statute outlines requirements for owners to provide unit information and establishes user functionalities for tracking applications. Applies to owners of affordable dwelling units.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 26-1802 Housing portal.

AC § 26-1802

Editor's note: this section has been amended by L.L. 2025/158, 11/8/2025, eff. 5/8/2027. a. By no later than July 1, 2020, the department shall, with the cooperation of all other relevant agencies, create and thereafter maintain a website that: 1. Allows an owner of an affordable unit or a person acting on behalf of such owner to use such website to offer such unit for rent or sale and accept applications for occupancy of such unit, if such person provides the department with full unit information and offered unit information for such unit in a time and manner established by department rule, provided further that the department shall, by no later than July 1, 2021, electronically submit to the mayor and the speaker of the council recommendations relating to allowing owners of dwelling units other than affordable units to use such website to offer such units for rent or sale and accept applications for occupancy of such units, provided further that nothing in this chapter shall be construed to prohibit (i) offering such units on a building-wide or project-wide basis in a manner established by the department or (ii) offering occupied affordable units which subsequently become vacant in accordance with department requirements; and 2. Allows a user of such website to: (a) View limited unit information and offered unit information for listed units; (b) View full unit information for a listed unit if such user verifies, in a manner established by department rule, that such user is a lawful leaseholder or owner of such unit, provided that this functionality (i) shall only be required on and after January 1, 2021, but may be implemented earlier than such date, and (ii) may be implemented through a system other than the housing portal; (c) View a selection of listed units based on search criteria entered by such user; (d) Apply for occupancy of each listed unit for which the owner thereof is accepting applications for occupancy through such website and for which such user appears to be eligible; (e) Track the progress of applications submitted by such user through such website, including such user's position on waiting lists for listed units; (f) Automatically populate applications for occupancy of listed units with information provided by such user; (g) Receive notifications by electronic mail and text message when a new listed unit is posted that matches criteria specified by such user or posted information changes for a listed unit specified by such user; (h) Obtain limited unit information for listed units in a non-proprietary format that permits automated processing; and (i) Indicate in such website whether such user is interested in being considered for an affordable unit that subsequently becomes vacant, provided that consideration of users for such units may be carried out in a manner determined by the department, users shall only be considered for such units that satisfy their indicated preferences and such website may require users at regular intervals to review and update their relevant profile information. b. Commencing in 2020, the owner of a dwelling unit, excluding dwelling units owned and operated by the New York city housing authority, shall: 1. If the dwelling unit (i) is an affordable unit or (ii) satisfies the criteria to be deemed an affordable unit except that such unit does not satisfy the additional conditions set forth in paragraph 1 and 2 the definition of affordable unit, annually provide the department with full unit information for such unit in a time and manner established by department rule; and 2. If the dwelling unit is an affordable unit and is available for rent or sale, provide the department with offered unit information for such unit in a time and manner established by department rule. c. An owner of a dwelling unit that satisfies the criteria to be deemed an affordable unit except that such unit does not satisfy the additional conditions set forth in paragraphs 1 and 2 of the definition of affordable unit may make such unit that becomes vacant available through the portal, provided that such owner provides the department with offered unit information for such unit in a time and manner established by department rule. Notwithstanding any provision of this chapter to the contrary, any such unit that is required to be made available through the portal in accordance with department requirements must do so in accordance with this chapter. d. The department shall conduct outreach to owners of units described in subdivision c to encourage them to offer their occupied affordable units that subsequently become vacant via the portal. e. When information entered by a user in the portal indicates that the user has an income below 80 percent of area median income for such user's household size, the department shall notify such user with a link to the website for the New York city housing authority. f.

1.Nothing in this chapter shall be construed to require the provision to the department or the disclosure of information about any dwelling unit where the department determines that such disclosure could result in an unwarranted invasion of personal privacy of an occupant of or applicant for such unit.

2.The city does not warranty the completeness, accuracy, content or fitness for any particular purpose of any information made available on the housing portal, nor are any such warranties to be implied or inferred with respect to the information furnished therein.

3.The city is not liable for any deficiencies in the completeness, accuracy, content or fitness for any particular purpose or use of information provided by any third party and made available on the housing portal.

4.This chapter shall not be construed to create a private right of action to enforce its provisions. Failure to comply with this chapter shall not result in liability to an agency. (L.L. 2018/064, 1/19/2018, eff. 1/19/2018; Am. L.L. 2020/081, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/158.

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