28 RCNY § 51-01 Definitions.
§ 51-01 Definitions.
As used in this chapter, the following terms shall have the following meanings. Capitalized terms not specifically defined in this chapter shall have the meanings set forth in the Act.
Act. "Act" means subdivision sixteen of section four hundred-twenty-one-a of the real property tax law, as amended.
Actual Rents. "Actual Rents" means the proposed initial monthly actual rents listed in the Workbook for the Affordable Housing Units.
Aggregate Floor Area of Eligible Multiple Dwellings in the Eligible Site. "Aggregate Floor Area of Eligible Multiple Dwellings in the Eligible Site" means the sum of the Floor Area in the Eligible Multiple Dwellings in the Eligible Site.
Aggregate Floor Area of Ineligible Space in Eligible Multiple Dwellings in the Eligible Site. "Aggregate Floor Area of Ineligible Space in Eligible Multiple Dwellings in the Eligible Site" means the sum of the Floor Area of Ineligible Space in the Eligible Multiple Dwellings in the Eligible Site.
Area Median Income. "Area Median Income" means the area 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.
Board Authorization and Consent Form. "Board Authorization and Consent Form" means a form executed by the owner of a unit in a Homeownership Project that (i) authorizes an officer of the board for said Homeownership Project to file an Application on behalf of such Homeownership Project, (ii) authorizes such board officer to execute and record the restrictive declaration required pursuant to 28 RCNY § 51-02(d)(1) on behalf of such unit owner and (iii) contains the unit owner's acknowledgement of the Primary Residence Requirement, the Building Size Requirement and the Post-Completion Assessment Cap Requirement.
Building. "Building" shall have the meaning set forth in § 12-10 of the Zoning Resolution.
Building Segment. "Building Segment" shall have the meaning set forth in § 12-10 of the Zoning Resolution.
Building Size Requirement. "Building Size Requirement" means the requirement that a multiple dwelling have a minimum of six units and maximum of thirty-five units.
Commercial Space. "Commercial Space" means any space within an Eligible Multiple Dwelling that is devoted to commercial, community facility, or other non-residential use.
Common Area. "Common Area" means any space within an Eligible Multiple Dwelling to which the residents of two or more rental dwelling units have access without paying a usage fee and that is not located in a rental dwelling unit, in a Commercial Space or in a Service Area.
Contract Rents. "Contract Rents" means the rent approved by the United States Department of Housing and Urban Development for Affordable Housing Units in an Eligible Multiple Dwelling with a HAP Contract.
Deed. "Deed" means an executed and recorded deed that contains the Primary Residence Requirement for a dwelling unit in a Homeownership Project.
Department of Finance. "Department of Finance" means the Department of Finance of the City of New York or any successor agency or department thereto.
Dwelling Unit. "Dwelling Unit" means one or more living rooms, arranged to be occupied as a unit separate from all other rooms within a dwelling, with lawful sanitary facilities and a lawful kitchen or kitchenette for the exclusive use of the family residing in such unit, except that for the purposes of this chapter, such term shall include units in all facilities that are licensed by the New York State Department of Health as an Adult Care Facility and Assisted Living Residence and operated as an Enriched Housing Program, including any units within the Adult Care Facility that are also certified as Special Needs Assisted Living Residence (SNALR) units and/or Enhanced Assisted Living Residence (EALR) units.
HAP Contract. "HAP Contract" means any project-based Section 8 housing assistance payments contract, governed by subpart E of part 983 of Chapter IX of Subtitle B of Title 24 of the Code of Federal Regulations, covering Affordable Housing Units in an Eligible Multiple Dwelling, as may be amended or renewed.
Hotel. "Hotel" means (i) any Class B multiple dwelling, as such term is defined in the Multiple Dwelling Law, (ii) any structure or part thereof containing living or sleeping accommodations which is used or intended to be used for transient occupancy, (iii) any apartment hotel or transient hotel as defined in the Zoning Resolution, or (iv) any structure or part thereof which is used to provide short term rentals or owned or leased by an entity engaged in the business of providing short term rentals. For purposes of this definition, a lease, sublease, license or any other form of rental agreement for a period of less than one year shall be deemed to be a short term rental. Notwithstanding the foregoing, Market Units owned or leased by a not-for-profit corporation for the purpose of providing governmentally funded emergency housing shall not be considered a hotel for purposes of this chapter.
Housing Connect. "Housing Connect" means the New York City Housing Connect lottery system or any successor program administered by the Agency to market vacant Affordable Housing Units.
Ineligible Space. "Ineligible Space" means commercial, community facility, and accessory use space, other than parking which is located not more than twenty-three feet above the curb level. For the purposes of this chapter, Dwelling Units in a facility that is licensed by the New York State Department of Health as an Adult Care Facility and Assisted Living Residence and operated as an Enriched Housing Program, including any units within the Adult Care Facility that are also certified as Special Needs Assisted Living Residence (SNALR) units and/or Enhanced Assisted Living Residence (EALR) units, shall not be considered Ineligible Space.
Legal Rent. "Legal Rent" means the maximum rent permitted under Rent Stabilization; provided, however, that no exemption or exclusion from any requirement of Rent Stabilization shall be applied to any Affordable Housing Unit during the Restriction Period or Extended Restriction Period, as applicable, including, but not limited to, any exemption or exclusion from the rent limits, renewal lease requirements, registration requirements, or other provisions of Rent Stabilization due to the vacancy of an Affordable Housing Unit where the rent exceeds a prescribed maximum amount, the fact that tenant income and/or unit rent exceed prescribed maximum amounts, the nature of the tenant, or any other factor.
Marketing Monitor. "Marketing Monitor" means an organization approved by the Agency and retained by the applicant for Affordable New York Housing Program Benefits to monitor compliance with the requirements, established by the Act and this chapter, relating to the leasing, subleasing, and occupancy of Affordable Housing Units, including, but not limited to, ensuring that each Affordable Housing Unit is leased at a rent not exceeding the Permitted Rent and is occupied by a household approved by the Agency whose income at the time of initial occupancy of such Affordable Housing Unit is not more than the maximum percentage of the Area Median Income specified for such Affordable Housing Unit pursuant to the Act. Such Marketing Monitor may be an in-house department of the applicant, a subsidiary or affiliate of the applicant, or a third-party marketing, leasing, managing, or monitoring administering agent.
Monitoring Contract. "Monitoring Contract" means a contract between the applicant and the Marketing Monitor that is approved in form and substance by the Agency and that:
(i) requires the fee owner to provide monthly rent rolls for all Affordable Housing Units to the Marketing Monitor and to notify the Marketing Monitor no more than seven business days after an Affordable Housing Unit becomes vacant;
(ii) requires the Marketing Monitor to ensure that any Affordable Housing Unit which becomes vacant during the Restriction Period or Extended Restriction Period, as applicable, (a) is not held off the market for a period that is longer than is reasonably necessary to perform needed repairs, (b) is promptly marketed pursuant to such requirements as are established by the Agency, (c) is rented to a household that meets the applicable income and occupancy requirements for such Affordable Housing Unit and that has been approved by the Agency prior to execution of a lease, (d) is not offered to or rented by a corporation, partnership or other entity, and (e) is offered for occupancy pursuant to a rent stabilized lease for a term of one or two years, at the option of the tenant; and
(iii) requires the Marketing Monitor to submit quarterly rent rolls for all Affordable Housing Units in the Eligible Multiple Dwelling to the Agency.
Motel or Tourist Cabin. "Motel or Tourist Cabin" shall have the meaning set forth in § 12-10 of the Zoning Resolution.
Multiple Dwelling Law. "Multiple Dwelling Law" means the Multiple Dwelling Law of the State of New York.
Notice of Intent. "Notice of Intent" means a notice of intent to begin marketing the Affordable Housing Units through Housing Connect.
Permanent Conversion. "Permanent Conversion" has the same meaning as set forth in an Eligible Multiple Dwelling's regulatory agreement with the tax credit monitoring agency.
Permitted Rent. "Permitted Rent" means a rent for any lease or lease renewal at any time during the Restriction Period or Extended Restriction Period, as applicable, that does not exceed the lesser of
(i) the Legal Rent, or
(ii) either
(1) for Affordable Housing Units in an Eligible Multiple Dwelling that is not subject to a HAP Contract:
(A) with respect to any Eligible Site for which the Agency has not issued an approval of the Workbook on or before the effective date of the amendment to this definition of "Permitted Rent," the rent for any Market Unit of comparable bedroom size in the same Eligible Site, or
(B) thirty percent of the applicable percentage of Area Median Income, minus the amount of any applicable Utility Allowance, provided, however, that no deduction of the Utility Allowance from the Permitted Rent shall be authorized for any Affordable Housing Unit in an Eligible Site unless the Utility Allowance shall be deducted from all of the Affordable Housing Units in such Eligible Site, and provided further that solely for purposes of establishing the initial rent for each Affordable Housing Unit, if there is a regulatory agreement between the fee owner and a federal, state or local agency or instrumentality governing such Affordable Housing Unit that was executed prior to the date of filing of the Workbook, the Area Median Income in the rent schedule to such regulatory agreement and the Utility Allowance in effect on such regulatory agreement execution date shall be utilized, or
(2) for Affordable Housing Units in an Eligible Multiple Dwelling that is subject to a HAP Contract and only during the term of such HAP Contract, 120% of the Contract Rents for such Affordable Housing Units, provided, however, that such rents, less any Section 8 rent subsidies, do not exceed the lesser of:
(A) thirty percent of the applicable percentage of Area Median Income minus the applicable Utility Allowance, or
(B) the tenant's maximum payment under the HAP Contract.
Post-Completion Assessment Cap Requirement. "Post-Completion Assessment Cap Requirement" means the requirement that one hundred percent of the units in a Homeownership Project must have an average assessed value at or below $65,000 upon the first assessment following the Completion Date.
Primary Residence Requirement. "Primary Residence Requirement" means the requirement that the owner of a dwelling unit in a Homeownership Project must for no less than five years from acquisition of such unit occupy it in accordance with the criteria set forth for rental dwelling units in Section 2520.6(u) of the Rent Stabilization Code. Notwithstanding the foregoing, the minimum five year period of occupancy necessary to establish whether such unit is an owner's primary residence shall not be deemed to be interrupted by any period during which such owner temporarily relocates because he or she: (i) is engaged in military duty; (ii) is enrolled as a full-time student; (iii) is not in residence at the apartment pursuant to a court order not involving any terms or provisions of the lease / occupancy agreement, and not involving any grounds specified in the Real Property Actions and Proceedings Law; (iv) is engaged in employment requiring temporary relocation from such unit; (v) is hospitalized temporarily for medical treatment; or (vi) has other reasonable grounds that shall be determined by the Agency.
Residential Condominium Unit. "Residential Condominium Unit" means two or more rental dwelling units collectively held in a condominium form of ownership.
Section 8. "Section 8" means a federal rent subsidy pursuant to the Section 8 project-based rental assistance program, or any successor programs under the United States Housing Act of 1937, as amended.
Service Area. "Service Area" means any space within an Eligible Multiple Dwelling that is utilized by the owner or manager of such Eligible Multiple Dwelling and their respective employees for purposes of building administration and to which residential tenants do not normally have access.
Story. "Story" shall have the meaning set forth in § 12-10 of the Zoning Resolution.
Utility Allowance. "Utility Allowance" means an allowance established by the Agency for the payment of utilities where the tenant of an Affordable Housing Unit is required to pay all or a portion of the utility costs with respect to such unit in addition to any payments of rent.
Workbook. "Workbook" means the Affordable Housing New York – 421-a(16) – Units Workbook available on the Agency's website that is submitted by the applicant to the Agency and which must provide the requested information about all of the Affordable Housing Units and the Market Units, including, but not limited to, (i) the affordability option elected pursuant to the Act, (ii) the unit mix proposed to satisfy subparagraph (ii) of paragraph (g) of the Act or, in accordance with such subparagraph, the claimed exemption from such unit mix requirements, and (iii) the unit distribution proposed to satisfy subparagraph (i) of paragraph (g) of the Act and 28 RCNY § 51-03.
Zoning Resolution. "Zoning Resolution" means the Zoning Resolution of the City of New York, as amended.
(Added City Record 9/26/2017, eff. 10/26/2017; amended City Record 8/13/2018, eff. 9/12/2018; amended City Record 1/7/2021, eff. 2/6/2021; amended City Record 12/22/2021, eff. 1/21/2022; amended City Record 6/7/2022, eff. 7/7/2022)