April 08, 2019
Affordable Housing Alert
Affordable Housing Alert
Author(s): Erica F. Buckley
In 2018, the New York City Council passed a bill amending the Administrative Code of the City of New York, to establish a housing portal for the purpose of creating a uniform and transparent process for the marketing of rental and homeownership units. This alert discusses what owners and developers of affordable housing, including cooperative and condominium affordable homeownership projects, need to know about Local Law 64 of 2018.
By no later than July 1, 2020, the New York City Department of Housing Preservation and Development HPD) must establish an online housing portal for use by owners of affordable units being offered for sale or rent, as well as renters and homebuyers who wish to apply for occupancy or purchase. HPD is further required to make recommendations to the mayor and city council on extending Local Law 64 beyond affordable units by July 1, 2021.
Designed to create transparency in the industry, developers and/or owners of affordable housing units are required to register their units with HPD so that New Yorkers know where the affordable units are and can easily apply for new and existing affordable housing. Local Law 64 also imposes fines on owners that fail to report to HPD.
By July 1, 2020, owners (or their managing agent) will be able to use the website to offer an affordable unit for rent or sale, and accept applications for occupancy or purchase.
Annual reporting requirement
Owners of affordable units must annually report to HPD “Full Unit Information” for such units, in a time and manner established by HPD, as follows:
Owners of affordable units that are available for rent or sale must provide to HPD “Offered Unit Information,” in a time and manner established by HPD, as follows:
For units offered for rent:
For co-op or condo units offered for sale:
By July 1, 2020, users of the online housing portal will be able to view available units, apply for occupancy, track the progress of applications, receive notifications of new units that become available and identify eligibility for same. HPD will provide portal users with incomes below 80% of AMI with a link to the website for the New York City Housing Authority (NYCHA).
Users will be able to view “Limited Unit Information” or “Offered Unit Information” for listed units, and by January 1, 2021, view “Full Unit Information” for listed units, provided that the user is a lawful leaseholder, unit owner or co-op shareholder of a unit entitled to a proprietary lease.
An owner who fails to provide information with respect to a dwelling unit pursuant to subdivision b of section 26-1802, shall be subject to a civil penalty for each month as follows until such violation is corrected:
While this HPD Housing Portal may be welcome news for potential renters and homebuyers in New York, it means developers and owners will need to report to HPD on each affordable unit in their portfolio, as well as each time such unit becomes available for rent or sale. This may be seen as overly burdensome and cost prohibitive for some owners, especially homeowners of affordable units. Of particular interest is the ability for HPD to build requirements into a regulatory agreement, thereby obviating the need to use the lottery. Nixon Peabody will keep a close watch on this issue for its for-profit and nonprofit developer clients and assist in navigating compliance.
The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.
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