Chapter 61 - DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT¶
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.