Enforcement of Zoning Resolution Provisions Related to Eligibility Requirements Regarding the Development, Acquisition, Rehabilitation, Preservation, Sale or Rental of Affordable Housing Administered by the Department*

NYC Admin. Code tit. 26, ch. 33

in effect

NYC Admin. Code § 26-3001 (ch. 33) Definitions.

§ 26-3001 Definitions.* * Editor's note: there are two sections designated as § 26-3001. For the purposes of this chapter, the following terms have the following meanings: Affordable housing unit. The term "affordable housing unit" means a dwelling unit subject to affordability restrictions by the zoning resolution. Applicable affordable housing provisions. The term "applicable affordable housing provisions" means provisions of the zoning resolution related to eligibility requirements with respect to the development, acquisition, rehabilitation, preservation, sale or rental of affordable housing administered by the department pursuant to such resolution, including, but not limited to, provisions found in sections 23-90 and 23-154 of the zoning resolution, and related provisions of law and rules promulgated pursuant thereto. Authorized monitor. The term "authorized monitor" means a person, partnership, corporation or other legal entity appointed by the department pursuant to contract to ensure that unlawful conduct under this chapter has been corrected. The department shall, through standards imposed by means of procurement, ensure that such person, partnership, corporation or other legal entity is subject to appropriate eligibility criteria, training requirements and grounds for revoking monitoring authority. Building. The term "building" has the same meaning as set forth in section 28-101.5. Commissioner. The term "commissioner" means the commissioner of the department or the commissioner's designee. Department. The term "department" means the department of housing preservation and development or its successor agency or designee. Owner. The term "owner" means any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in, or control of, the premises, or their successors. Premises. The term "premises" has the same meaning as set forth in section 28-101.5. Qualifying household. The term "qualifying household" has the same meaning as set forth in section 23-911 of the zoning resolution. Regulatory agreement. The term "regulatory agreement" has the same meaning as set forth in section 23-911 of the zoning resolution. Zoning resolution. The term "zoning resolution" means the New York city zoning resolution. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3002 (ch. 33) General.

§ 26-3002 General.* * Editor's note: there are two sections designated as § 26-3002. The department shall enforce compliance with applicable affordable housing provisions, as provided in this chapter and the rules of the department. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3003 (ch. 33) Methods of enforcement.

§ 26-3003 Methods of enforcement.* * Editor's note: there are two sections designated as § 26-3003. The commissioner may use any of the methods set forth in this chapter to enforce compliance with applicable affordable housing provisions, including, but not limited to: a. Proceedings before an administrative tribunal within the jurisdiction of the office of administrative trials and hearings for the recovery of civil penalties for violations; b. Civil judicial proceedings for the recovery of civil penalties or injunctive relief or both for violations, and for the enforcement of orders issued by the commissioner; c. Investigatory powers as set forth in this chapter; d. Appointment of an authorized monitor; and e. Other special remedies as set forth in this chapter, the zoning resolution, or other related provisions of law and rules. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3004 (ch. 33) Unlawful conduct.

§ 26-3004 Unlawful conduct.* * Editor's note: there are two sections designated as § 26-3004. It shall be unlawful to erect, construct, alter, extend, occupy, use, operate, rent or sell any building or premises subject to applicable affordable housing provisions, or to cause or permit same to be done, in conflict with or in violation of any such provisions. It shall be unlawful to fail to comply with an order of the commissioner or to violate any order of the commissioner issued pursuant to this chapter, or to cause or permit same to be done. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3005 (ch. 33) Enforcement.

§ 26-3005 Enforcement.* * Editor's note: there are two sections designated as § 26-3005. Officers and employees of the department and of other city agencies designated by the commissioner shall have the power to issue notices of violation, administrative summonses and appearance tickets for violations of applicable affordable housing provisions. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3006 (ch. 33) Classification of violations.

§ 26-3006 Classification of violations.* * Editor's note: there are two sections designated as § 26-3006. The commissioner shall promulgate rules classifying each violation of applicable affordable housing provisions as a major violation or a minor violation. Such classification of violations shall be based upon, but not limited to, such factors as the effect of the violation on neighborhood economic diversity, the public interest or the necessity for economic disincentives. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3007 (ch. 33) Rules.

§ 26-3007 Rules.* * Editor's note: there are two sections designated as § 26-3007. The department shall promulgate rules necessary to effectuate applicable affordable housing provisions. Such rules shall include, but not be limited to, provisions that prohibit the following, which shall constitute violations of section 23-90 or 23-154 of the zoning resolution: a. Occupancy of an affordable housing unit by other than a qualifying household; b. Unlawful configuration, distribution, sizing or use of an affordable housing unit; c. Charging unlawful monthly rent or fees for an affordable housing unit; d. Filing a certification of correction of a violation or a statement that an unlawful use or condition has been corrected or did not exist that contains material misstatements of fact; e. Failing to comply with an order of the commissioner issued pursuant to this chapter; f. Charging unlawful fees or an unlawful sales price for an affordable housing unit; g. Failing to comply with primary residence requirements; and h. Unlawful restriction of access to the premises. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3008 Civil penalties.

§ 26-3008 Civil penalties. Except as otherwise provided by law, violations of applicable affordable housing provisions shall be punishable by civil penalties in accordance with penalty schedules established by rules promulgated by the department and such schedules shall be within the ranges set forth below: a. For major violations, a civil penalty of not more than $25,000 may be imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $1,000 for each day that the violation is not corrected. b. For minor violations, a civil penalty of not more than $10,000 may be imposed for each violation. In addition to such civil penalty, a separate additional penalty may be imposed of not more than $250 for each 30-day period that the violation is not corrected. c. Notwithstanding the assessment of daily penalties, each day that a violation continues shall be a separate and distinct offense. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3009 Enforcement of civil penalty.

§ 26-3009 Enforcement of civil penalty. The owner, architect, builder, contractor, engineer or any other person who maintains any building, or who erects, constructs, alters, extends, occupies, uses, operates, rents or sells any building or affordable housing unit subject to applicable affordable housing provisions, or assists or causes same to be done, in conflict with or in violation of any of such provisions, or who fails to comply with an order of the commissioner or violates any order of the commissioner issued pursuant to this chapter, shall be liable for a civil penalty that may be recovered in a proceeding before an administrative tribunal within the jurisdiction of the office of administrative trials and hearings or before a court of competent jurisdiction. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3010 Correction order.

§ 26-3010 Correction order. Each notice of violation, administrative summons or appearance ticket issued pursuant to this chapter shall contain an order of the commissioner directing the respondent to correct the condition constituting the violation and to file with the department electronically, or in such other manner as the department may authorize by rule, a certification that the condition has been corrected. The time for correction of such violation may be as specified by the department in rules. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3011 Dismissal.

§ 26-3011 Dismissal. In any proceeding pursuant to this chapter, if the administrative tribunal determines that the commissioner has failed to prove the violation charged, the order requiring the respondent to correct the condition constituting the violation shall be deemed dismissed. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3012 Failure to comply.

§ 26-3012 Failure to comply. Failure to comply with an order of the commissioner issued pursuant to this chapter to correct and to certify correction of a violation within the applicable time period shall be a violation of this chapter for which a civil penalty of not more than $10,000 may be imposed in addition to the penalties that may be or have been imposed for the violation referred to in such order. Upon application, for good cause, the commissioner may extend the time for filing the certification of correction of a violation. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3013 Material misstatements of fact.

§ 26-3013 Material misstatements of fact. For the purposes of this chapter, if there is a finding that a certification of correction filed pursuant to section 26-3010 or a statement filed pursuant to subdivision c of section 26-3016 contained material misstatements of fact relating to the correction or existence of a violation, such certification of correction or statement shall be deemed null and void and the penalties set forth in this chapter for the violation may be imposed as if such false certification or statement had not been filed with and accepted by the department. It shall be an affirmative defense that the respondent neither knew nor should have known that such material misstatements of fact in such certification of correction or statement were false. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3014 Orders.

§ 26-3014 Orders. a. The commissioner may issue an order to the persons responsible for any unlawful use or condition relating to applicable affordable housing provisions in any premises, directing such person to correct the unlawful use or condition. Each such order shall have the commissioner's signature affixed thereto, provided, however, that the commissioner may authorize an officer or employee of the department to affix such signature, including an electronic signature. b. All orders issued by the commissioner shall contain a description of the building or subject matter affected, and shall be designated by address, where applicable. All such orders shall be served by regular mail or, upon consent, electronically. Such orders may be served by any officer or employee of the department, or of any agency authorized by the department. Failure to comply with a commissioner's order within the time stated in the order shall be a violation of this chapter punishable by a civil penalty of not more than $10,000. Proof of compliance with a commissioner's order shall consist of certification as prescribed by the rules of the department. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3015 Power to hold investigatory hearings; subpoena power; production of documents.

§ 26-3015 Power to hold investigatory hearings; subpoena power; production of documents. The department may investigate any matter within its jurisdiction pursuant to this chapter and shall have full power to compel the attendance, to examine and take testimony under oath of such persons as it may deem necessary in relation to such investigation, and to require the production of books, accounts, papers and other evidence relevant to such investigation. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3016 Commissioner's request for corrective action.

§ 26-3016 Commissioner's request for corrective action. a. As an alternative to the issuance of an order or notice of violation, administrative summons or appearance ticket, the commissioner may issue a request for corrective action to any person responsible for any claimed violation of applicable affordable housing provisions. Each request for corrective action shall have the commissioner's signature affixed thereto; but the commissioner may authorize an officer or employee of the department to affix such signature, including an electronic signature. b. A request for corrective action issued pursuant to subdivision a shall contain a description of the building, premises, affordable housing unit or subject matter affected, which shall be designated by address, where applicable, and shall be sent by regular mail or, upon consent, electronically to the owner, lessee, person in charge, or occupant of the building or to any person responsible for the unlawful use or condition at the last known address for such person. Requests for corrective action may be sent to a managing agent or other person specifically designated by the owner to attend to such requests on behalf of the owner. Each such request shall describe the violation of applicable affordable housing provisions and call upon the person addressed to correct it and to inform the department of the action taken. A time for correction or response shall be specified on the request for corrective action. c. The department shall keep a record, available to the public, of requests for corrective action issued pursuant to this chapter. The record of a request for corrective action shall be reflected as withdrawn upon submission to the department of a statement in a form prescribed by rule indicating that the use or condition has been corrected or did not exist, or following an inspection or investigation by the department that confirms correction. A request for corrective action may be issued in response to a complaint, investigation or inspection. Nothing in this section shall be construed to require that the commissioner issue a request for corrective action as a prerequisite to any other enforcement action. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3017 Inspection.

§ 26-3017 Inspection. a. An authorized representative of the department may, consistent with applicable law and in accordance with rules of the department, enter a building or premises described in the notice of violation or request for corrective action and access any records of the owner related to unlawful conduct under this chapter to confirm that such violation has been corrected. b. The commissioner may delegate to authorized monitors the authority to carry out inspections pursuant to this chapter or any rule promulgated pursuant thereto and report their findings to the department. c. The cost of inspections pursuant to this chapter shall be paid by the owner. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3018 Judicial proceedings.

§ 26-3018 Judicial proceedings. a. The owner, architect, builder, contractor, engineer or any other person who maintains any building or premises, or who erects, constructs, alters, extends, occupies, uses, operates, rents or sells any building, premises or affordable housing unit subject to applicable affordable housing provisions, or assists or causes same to be done, in conflict with or in violation of any of such provisions, or who fails to comply with an order of the commissioner or violates any order of the commissioner issued pursuant to this chapter, shall be subject to an action or proceeding to restrain, correct or abate such violation, or to compel compliance with such order. Upon request of the commissioner, the corporation counsel may institute judicial actions or proceedings seeking such relief. In addition to any other remedies, in any such action or proceeding, the defendant or respondent shall be subject to the payment of civil penalties as provided in this chapter. b. Such actions and proceedings may be instituted by the corporation counsel in the name of the city in any court of competent jurisdiction in such city. In such actions or proceedings, the city may apply for restraining orders, preliminary injunctions or other provisional remedies and no undertakings shall be required as a condition to the granting or issuing of any such order, injunction or remedy, or by reason thereof. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3019 Regulatory agreement.

§ 26-3019 Regulatory agreement. The commissioner may take any actions necessary to enforce the provisions of any regulatory agreement recorded in accordance with section 23-953 of the zoning resolution or any successor provision. Such actions may include seeking the imposition of penalties or injunctive relief. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

NYC Admin. Code § 26-3020 Appeals to board of standards and appeals.

§ 26-3020 Appeals to board of standards and appeals. Any order, requirement, decision or determination of the commissioner made pursuant to provisions of the zoning resolution related to the construction or renovation of affordable housing, including, but not limited to, sections 23-96(c) and 23-94(f) of the zoning resolution, and related provisions of law and rules promulgated thereto, shall be subject to review by the board of standards and appeals in the same manner and with the same effect as determinations of the commissioner of buildings with respect to such matters pursuant to section 666 of the New York city charter. (L.L. 2022/045, 1/15/2022, eff. 7/14/2022)

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/NYCadmin/0-0-0-136419Fetched: 10/24/2026