Section 1800.
§ 1800. Department; commissioner. There shall be a department of
housing preservation and development, the head of which shall be the
commissioner of housing preservation and development.
Section 1801.
§ 1801. Officials of the department. The commissioner may appoint not
more than five deputy commissioners, one of whom may be a first deputy
commissioner and one of whom shall be a deputy commissioner charged with
the powers and duties that include, but are not limited to, the powers
and duties described in paragraphs (j), (k), (l) and (m) of subdivision
six of section eighteen hundred two of this chapter.
Section 1802.
§ 1802. Powers and duties of the commissioner. Except as otherwise
specifically provided by law, the commissioner may exercise or delegate
any of the following functions, powers and duties which are vested in
the department:
1. all functions of the city relating to the rehabilitation,
maintenance, alteration and improvement of residential buildings and
privately owned housing including, but not limited to, the making of
rehabilitation loans pursuant to article eight ("municipal loans"),
article eight-a ("mini-loans") and article fifteen ("participation
loans") of the private housing finance law, acting as liaison with the
New York city rehabilitation mortgage insurance corporation established
pursuant to article fourteen of the private housing finance law
("REMIC") and the New York city housing development corporation
established pursuant to article twelve of the private housing finance
law ("HDC"), the execution of emergency repairs to and the sealing,
removal and demolition of buildings, structures and privately-owned
housing in accordance with applicable provisions of law and the
enforcement of those provisions of the multiple dwelling law or any
other law, rule or regulation which relate to the maintenance, use,
occupancy, safety or sanitary condition of any building or portion
thereof which is occupied, arranged or intended to be occupied as a
home, residence or dwelling place;
2. such functions and duties as may be prescribed by law with respect
to the relocation of tenants of real property and the selection of
tenants for publicly owned or publicly aided housing in the city;
3. all functions of the city, and all powers, rights and duties as
provided by any federal, state or local law or resolution, relating to
slum clearance, slum prevention and urban renewal; neighborhood
conservation; prevention and rehabilitation of blighted, substandard,
deteriorated or insanitary areas, and publicly-aided and public housing,
including the regulation of rents in housing built with state or local
financing, except housing under the jurisdiction of the New York city
housing authority;
4. the functions, rights, powers and duties and the offices granted
to, vested in or delegated to the housing and redevelopment board, the
housing and development administration or the administrator of the
housing and development administration;
5. such powers, rights and duties vested in or exercised by the New
York city housing authority as may be transferred to or vested in the
city;
6. the functions, powers and duties to: (a) establish and administer
programs designed to encourage the rehabilitation and preservation of
existing housing;
(b) administer laws authorizing tax exemption or tax abatement, or
both, including, but not limited to, section 11-243 of the
administrative code of the city of New York and section four hundred
twenty-one of the real property tax law, which are in aid of the
construction, rehabilitation, alteration or improvement of residential
buildings and structures and the elimination of substandard conditions
therein, process applications for such exemption or abatement or both,
and coordinate the activities of officers and agencies of the city
relating thereto;
(c) manage and superintend all real property acquired by the city for,
or devoted to, housing or urban renewal purposes;
(d) represent the city in carrying out the provisions of the private
housing finance law including, but not limited to, article two (relating
to limited-profit housing companies), article five (relating to
redevelopment companies), article eight, article eight-a, article eleven
(relating to housing development fund companies) and article fifteen,
and act as and exercise the powers, rights and duties vested in the
"supervising agency" pursuant to the private housing finance law;
(e) represent the city in carrying out the provisions of article
fifteen of the general municipal law ("urban renewal law") including,
but not limited to, acquiring, leasing or disposing of real property
pursuant to said law and establishing the disposition price of real
property in an urban renewal area;
(f) undertake projects and exercise the rights, powers and privileges
authorized by sections fifty-five and fifty-five-a of the public housing
law;
(g) impose and collect charges and fees for the financing, regulation,
supervision and audit of municipally-aided projects and loan programs
administered by the commissioner, which charges and fees shall be set
aside in a special account for administrative expenses of the
department;
(h) act as the coordinating agency with respect to the activities of
officers and agencies of the city concerning areas designated by the
planning commission or any analogous officer or body, as districts for
development or improvement of neighborhoods;
(i) acquire real property, pursuant to the federal housing and
community development act of nineteen hundred seventy-four, on behalf of
other city agencies.
(j) sell, lease, exchange or otherwise dispose of residential real
property of the city, provided that no such sale, lease, exchange or
other disposition shall be authorized without the approval of the mayor
and until a public hearing has been held with respect to such action
after the publishing of notice in the City Record at least thirty days
in advance of such hearing, and provided further that any disposition by
public auction shall be conducted by the department of citywide
administrative services, except as otherwise provided by law;
(k) manage and superintend all residential real property of the city
not used for public purposes, including real property acquired for a
public purpose and not being currently utilized for such purpose, but
not wharf property or other real property under the jurisdiction of the
New York city transit authority, real property under the jurisdiction of
the department of small business services, or real property under the
jurisdiction of the New York city housing authority by virtue of an
authorization granted by the mayor pursuant to the provisions of
subdivision three of section one hundred twenty-five of the public
housing law, or real property under the jurisdiction of the triborough
bridge and tunnel authority;
(l) exercise such other powers and duties as may be prescribed by law
in relation to the management, demolition or sealing or other treatment
of residential real property of the city; and
(m) employ professional, community and other personnel to manage
residential real property of the city.
Section 1803.
§ 1803. Inspectors, inspection. 1. Housing maintenance inspectors
shall have such qualifications as shall be prescribed by the department
of citywide administrative services after consultation with the
commissioner.
2. The commissioner or any inspector or any officer of the department
authorized in writing by the commissioner or the commissioner's delegate
may, in accordance with law, for the purpose of performing their
respective official duties, enter and inspect any building, structure,
enclosure, premises or any part thereof, or anything therein or attached
thereto, and any refusal to permit such entry or inspection shall be a
misdemeanor triable in the criminal court and punishable upon conviction
by not more than thirty days imprisonment, or by a fine of not more than
one hundred dollars or both.
Section 1804.
§ 1804. Acquisitions of real property. No purchase, lease,
condemnation or other acquisition of real property by the department
shall be authorized until (1) a public hearing has been held with
respect to the acquisition after the publishing of notice in the City
Record at least thirty days in advance of such hearing and (2) the
department shall have received the approval of the mayor; provided,
however, that in the case of an acquisition by purchase or condemnation,
no such hearing shall be required if a public hearing is held with
respect to such purchase or condemnation pursuant to any other
requirement of law. In the case of a lease in which the city is to be
the tenant, the notice for the hearing required in this subdivision
shall include a statement of the location and proposed use of the
premises, and the term and annual rent of the proposed lease.
Section 1805.
§ 1805. Establishment of affordable housing trust fund.
1. Notwithstanding any provision of law to the contrary and in
addition to the functions, powers and duties that the commissioner may
exercise or delegate pursuant to section eighteen hundred two of this
chapter, the commissioner shall be authorized to establish or cause to
be established an affordable housing trust fund.
2. Such fund may be established through agreement with a public
benefit corporation authorized pursuant to the private housing finance
law to finance the development and rehabilitation of affordable housing.
3. The sole purpose of the fund established pursuant to subdivision
one of this section shall be to fund affordable housing outside of the
areas set forth in paragraphs two through four of subdivision (a) of
section 11-245 of the administrative code of the city of New York.
4. Payments from such fund shall be subject to the following
requirements:
(a) Priority shall be given first to projects in the ten sub-borough
areas, as established by the United States census bureau, with the
highest percentage of households below the poverty line based on the
most recent United States census bureau data, with a target of forty
percent of the total amount of the fund as initially funded to be used
in such areas; and then to projects in the next five sub-borough areas,
as established by the United States census bureau, with the highest
percentage of households below the poverty line based on the most recent
United States census bureau data, with a target of fifteen percent of
the total amount of the fund as initially funded to be used in such
areas.
(b) Priority shall be given to projects that will create affordable
housing for persons of low income as defined in rules of the department
in effect on the date of enactment of the local law that added this
paragraph.
(c) Priority shall be given to projects in which the developer agrees
to maintain the affordability of the housing significantly beyond the
period of the governmental assistance.
(d) Payments from such fund shall be made in accordance with subsidy
guidelines, including, but not limited to, guidelines concerning the
maximum amount of subsidy per dwelling unit and per project, established
by the commissioner or established in the agreement, if any, with the
public benefit corporation pursuant to subdivision two of this section
provided however, that no project may receive a subsidy in excess of
twenty million dollars.
(e) The aggregate payments from such fund in any calendar year
beginning on or after January first, two thousand seven shall not be
less than five percent of the total amount of the fund as initially
funded, provided, however, that in no calendar year shall a lesser
amount be spent other than pursuant to the written approval of the
mayor.
5. On or before February first, two thousand eight and each year
thereafter, the commissioner shall report to the council on the payments
from the fund. Such report shall include a description of each project
funded, including location, number of units, affordability requirements,
status of the project and amount of funding for each project. Within
forty-five days of receipt of such report the council shall conduct a
hearing on such report and such fund created pursuant to this section.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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