74 RCNY § 1-01 Short Title.
§ 1-01 Short Title.
These Rules are known and may be cited as “Community Hiring Rules.”
(Added City Record 12/24/24, eff. 1/23/25)
General Provisions
RCNY tit. 74, ch. 1
in effect74 RCNY § 1-02 Definitions.
§ 1-02 Definitions.
As used in this title, the following terms have the following meanings:
Absorption Hire. The term “absorption hire” means an individual who fills a building service opportunity and who: (i) was employed to perform building service work within the preceding six months at the same facility to which such individual is assigned; or (ii) fills such building service opportunity as a result of a reassignment by a contractor or subcontractor, as applicable, due to a displacement caused by the closure of another facility, a staffing reduction at another facility, or any other similar event.
Apprentice. The term “apprentice” means an individual who is receiving training and performing labor pursuant to an apprenticeship agreement.
Apprenticeship Agreement. The term “apprenticeship agreement” means an agreement, as such term is defined by Section 816 of the Labor Law, that has been registered with, and approved by, the Commissioner of Labor of the State of New York pursuant to Article 23 of the Labor Law.
Building Service Opportunity. The term “building service opportunity” means an employment opportunity to perform building service work.
Building Service Opportunity Labor Hour. The term “building service opportunity labor hour” means a labor hour performed by an individual employed to fill a building service opportunity.
Building Service Work. The term “building service work” means the classifications of labor that the applicable fiscal officer has identified as consistent with Section 230 of the Labor Law, regardless of whether such labor constitutes building service work for which workers are entitled to prevailing wages pursuant to Article 9 of the Labor Law.
Charter. The term “charter” means the New York City Charter.
City. The term “city” means the City of New York.
City-Affiliated Not-for-Profit Corporation. The term “city-affiliated not-for-profit corporation” means a local development corporation or other not-for-profit corporation, a majority of whose members are appointed by the Mayor.
City Chief Procurement Officer (CCPO). The term “city chief procurement officer” means the person to whom the Mayor has delegated authority to coordinate and oversee the procurement activity of mayoral agencies as defined in 9 RCNY § 1-01.
Community Hire. The term “community hire” means an individual whose employment can be credited towards the achievement of the employment goal pursuant to this title.
Community Hiring Goal. The term “community hiring goal” means the employment goal set on certain transactions for the participation of Community Hires.
Construction Work. The term “construction work” means: (i) any labor of a type that the applicable fiscal officer, as defined in paragraph e of subdivision 5 of Section 220 of the Labor Law, has identified in a published schedule as a classification of work performed by laborers, workers or mechanics, regardless of whether such labor constitutes public work pursuant to such section; and (ii) any additional types of labor identified by the director by rule, provided that such labor shall not include building service work.
Contractor. The term “contractor” means an individual, company, corporation, partnership, or other entity that has entered into a transaction with the City, including, but not limited to, vendors providing human services, standard services, professional services, construction-related services, and construction, as such terms are defined in 9 RNCY § 1-01, to the City, except that the term “contractor” does not include: (i) any governmental entity; or (ii) any labor organization.
Director. The term “director” means the director of the Office of Community Hiring and Workforce Development or their designee.
Economically Disadvantaged Region. The term “economically disadvantaged region” means an area, represented by its five-digit ZIP code, in which at least 15 percent of residents have household incomes below the federal poverty threshold.
Employment Opportunity. The term “employment opportunity” means a vacancy in a position to perform services under a transaction.
Labor Organization. The term “labor organization” means any organization, agency or employee representation committee or plan as defined in Section 152 of Title 29 of the United States Code, or any successor provision.
Mayoral Agency. The term “mayoral agency” includes: (i) any agency the head of which is appointed by the Mayor; (ii) any agency headed by a board, commission, or other multi-member body, the majority of the membership of which is appointed by the Mayor; and (iii) the office of the Mayor.
Project Labor Agreement. The term “project labor agreement” means a pre-hire collective bargaining agreement entered into between the City and a bona fide building and construction trade labor organization establishing the labor organization or its affiliates as the collective bargaining representative for all persons who will perform construction work on a transaction, provided such agreement: (i) provides that only contractors and subcontractors who sign a pre-negotiated agreement with the labor organization can perform such work on such transaction; and (ii) includes goals for the employment of qualified Residence-Based Community Hire to perform such work.
Referral Source. The term “referral source” means an individual, company, corporation, partnership, agency, union referral system, or other entity selected pursuant to paragraph 3 of subdivision a of Section 3502 of the New York City Charter to make referrals of candidates to contractors, prospective contractors, subcontractors, and prospective subcontractors for the purposes of meeting the applicable employment goals set forth in such section; provided that any union referral system shall be deemed an approved referral source for the purposes of paragraph 3 of subdivision a of Section 3502 of the New York City Charter.
Subcontractor. The term “subcontractor” means an individual, company, corporation, partnership or other entity that has entered into an agreement with a contractor or another subcontractor in order to perform services or any other obligation under a transaction, provided that such agreement involves the performance of construction work of any value, or the total dollar value of such agreement exceeds $20,000, and further provided that the term “subcontractor” does not include: (i) employees; (ii) governmental entities; or (iii) labor organizations.
Transaction. The term “transaction” means a procurement contract, except that the term “transaction” shall not include any exempt transaction.
Union Referral System. The term “union referral system” means a labor organization that has an affiliated registered apprentice program with direct entry access from one or more pre-apprentice programs that are compliant with United States Department of Labor and New York State Department of Labor regulations, as well as any labor organization with an affiliated community recruitment program.
(Added City Record 12/24/24, eff. 1/23/25)
74 RCNY § 1-03 Scope.
§ 1-03 Scope.
a. General Applicability. This title governs the application of Community Hiring Goals to Transactions awarded by a Mayoral Agency. Except as set forth below, this title applies to procurements for human services, standard services, professional services, construction-related services and construction, as such terms are defined in 9 RCNY § 1-01.
b. Exempt Transactions. The following are not subject to this title:
1. contracts procured pursuant to Section 162 of the State Finance Law;
2. contracts for the performance of services by a City-Affiliated Not-For-Profit Corporation;
3. contracts the principal purpose of which is the supply of goods, except where the principal purpose of the Transaction is for delivery services;
4. contracts in an amount below the small purchase threshold as set pursuant to the authority and procedure set forth in subdivision a of Section 314 of the Charter;
5. contracts for investigative or confidential services as defined in subdivision (e) of 9 RCNY § 1-01;
6. contracts subject to federal or state funding requirements that preclude or substantially conflict with the application of Community Hiring Goals under this title;
7. contracts awarded through the United States General Services administration, or through the New York State Office of General Services;
8. contracts for emergency demolition services procured by the Department of Housing Preservation and Development pursuant to the procedure set forth in Section 315 of the Charter;
9. contracts for which contractor selection is made by an elected official other than the Mayor or an agency other than a Mayoral Agency, except as otherwise provided by the Director;
10. contracts subject to subdivision (f) of 9 RCNY § 1-02;
11. contracts designated for inclusion in a mentoring program as defined in Section 1206 or 1309 of the Charter;
12. contracts for banking services, electronic payment services, or other related services procured by the New York City Department of Finance; or
13. any other types of contracts based on a determination by the Director that the application of Community Hiring Goals would substantially undermine the primary objective of that type of contract.
(Added City Record 12/24/24, eff. 1/23/25)
74 RCNY § 1-04 Format.
§ 1-04 Format.
Any document required to be maintained or submitted pursuant to this title may be maintained and submitted in an electronic format. The Director may require electronic submission of documents in a system maintained or controlled by the City. Documents submitted in paper form, in lieu of electronic submission, must be submitted in a manner approved by the Director.
(Added City Record 12/24/24, eff. 1/23/25)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-148556Fetched: 10/24/2026