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Notice of Public Hearing Information

Office of Rent Administration YouTube Channel

Pursuant to Governor’s Executive Order 202.1:

All hearings will be held virtually on the YouTube Channel below once the livestream begins at the designated time of the hearing.  All live hearings will be recorded and will remain on the YouTube Channel for viewing and a transcript will be posted to the web, shortly after.

 

Notice of Adoption:

DHCR has filed the Notices of Adoption required under the New York State Administrative Procedure Act (“SAPA”) to amend various regulations in the Rent Stabilization Code, the Tenant Protection Regulations and the State and New York City Rent Control Regulations.

 

Below are the regulatory changes to be adopted by DHCR to each set of regulations. Where the changes exceed 2,000 words, a summary is also provided.  Also provided are various other documents required under SAPA which will aid in explaining the substantive changes and DHCR’s reasoning in the adopting the amended regulations as well as an assessment of public comments received during at the hearing and during the public comment period.  Where any of these SAPA documents exceed 2,000 words a shorter summary is also provided.

 

These documents or their summaries, where applicable, will be published in the New York State Register on November 8, 2023.

 

 

NYS Register

Notice of Public Hearing - New York City

Notice of Public Hearing - Westchester and Nassau County

 

Notice of Public Hearing Translations

 

Tenant Protection Regulations (TPR)

 

State Rent and Eviction Regulations

 

City Rent and Eviction Regulations (CRER)

 

Rent Stabilization Code

 

Recordings of Public Hearing

 

Public Hearing Transcripts and Assessment of Public Comments

 

REASONABLE COST SCHEDULE FOR MAJOR CAPITAL IMPROVEMENTS

NOTICE OF PUBLIC HEARING

NYS Register

 

In response to the Governor’s Directive to take every effort to keep New Yorkers safe and mitigate the spread of Covid-19, and pursuant to Executive Order 202-1, and its updates, the New York State Division of Housing and Community Renewal (DHCR) will be conducting public hearings via teleconference. Instructions for members of the public to simultaneously view or listen to the meetings will be posted to HCR’s website for the Office of Rent Administration under the Regulatory Information – Notice of Public Hearing Information section prior to the meetings. The hearings will also later be transcribed, and the public will have the ability to view the transcripts on ORA's website.

The hearing for the Schedule For Reasonable Costs for Major Capital Improvements will be held, virtually via ZOOM and livestreamed on ORA's YouTube Channel, on Wednesday, September 9, 2020, from 10:00 am to 4:30 pm.

Submit Written Testimony or Register as a Speaker

To Submit Written Testimony, for consideration, to the New York State Division of Housing and Community Renewal (DHCR) Office of Rent Administration, please send an email to [email protected] or to Michael Berrios’s e-mail at [email protected].

 

To REGISTER to speak, please send an email to [email protected] or to Michael Berrios's email at [email protected].  Provide your name, contact phone number, email address, the time you wish to speak, and whom you or the interested party represents.

 

PLEASE NOTE:  

If you register to address the Office of Rent Administration during the hearing, you will be limited to five (5) minutes in order to give as many people an opportunity to be heard.  All speakers will receive a  confirmation e-mail with the dial-in information.

For written testimony submitted for consideration, the recipient will receive an email confirmation only.

 

TRANSCRIPT

 

ASSESSMENT OF PUBLIC COMMENTS

The Assessment of Public Comment period closed on September 16, 2020. Please see the hyperlink below for DHCR's Assessment.

 

The Assessment of Public Comment was revised with the adoption of the final regulations for the MCI Reasonable Cost Schedule January 12, 2021.

Regulatory Agenda

 

2024 HCR Regulatory Agenda

Pursuant to Section 202-d of the State Administrative Procedure Act (SAPA), this Agenda sets forth a list and brief description of the subject matter of regulatory amendments which the Division of Housing and Community Renewal (DHCR) is considering to these regulations as of March 1, 2024, set forth below.

 

DHCR's regulatory plans are subject to change, and DHCR reserves the right to add to, delete from, or modify items on the Agenda without further notice. SAPA Section 202-d does not preclude the DHCR from proposing a rule for adoption that is not described in this Agenda, nor is the DHCR required to propose any rule for adoption that is described in this Agenda.

 

This notice is also intended to provide small businesses, local governments, and public and private interests in rural areas with the opportunity to participate in the rule making process, as provided for in SAPA Section 202-b and 202-bb.

 

Amendments to the 9% Low-Income Housing  Credit (“LIHTC”) Qualified Allocation Plan (“QAP”)- 9 NYCRR Part 2040 et seq. (the “9% QAP”) to strengthen affordability protections for LIHTC properties, increase minority and women owned business enterprise and service-disabled veteran owned business participation, and enhance and/or clarify existing standards for overall program administration, application review, project threshold eligibility, competitive scoring criteria, tax credit allocation and project compliance monitoring.

Amendments to the Low-Income Housing Credit (“LIHTC”) 4% Qualified Allocation Plan (“QAP”)– 21 NYCRR Part 2188 et seq. (the “4% QAP”) to strengthen affordability protections for LIHTC properties, increase minority and women owned business enterprise and service-disabled veteran owned business participation, enhance and/or clarify existing standards for overall program administration, application review, project threshold eligibility, tax credit issuance and project compliance monitoring.

Amendments to the New York State Low-Income Housing Tax Credit Program (“SLIHC”) – 9 NYCRR Part 2040.14 (the “SLIHC Regulation”) to incorporate changes to the SLIHC Regulation competitive scoring criteria that will ensure consistency with any modifications made to the 9% QAP scoring provisions, which it mirrors to the extent possible.

Amendments to the Rural Rental Assistance Program (“RRAP”) – 9 NYCRR Part 2800 et seq. (the “RRAP Regulations”) to clarify that the RRAP program runs through the NYS Housing Trust Fund Corporation and establish that state RRAP assistance may continue even after a federal USDA RD 515 mortgage has expired.

Amendments to the NYS DHCR Mitchell-Lama Regulations– 9 NYCRR Part 1700 et seq. (the “Mitchell-Lama Regulations”) to incorporate modifications for rent and carrying charge setting, modifications to comply with recent statutory changes, clarifications regarding admissions and succession, and modifications to security deposit requirements.

Amendments to the Emergency Tenant Protection Regulations- 9 NYCRR Part 2500.1 et seq. ("TPR”) to incorporate modifications required to comply with recent statutory changes, to make various technical changes, to correct minor drafting errors, and to consider any other modifications that may be necessary.

Amendments to the Rent Stabilization Code- 9 NYCRR Part 2520.1 et seq. (“RSC”) to incorporate modifications required to comply with recent statutory changes, to make various technical changes, to correct minor drafting errors, and to consider any other modifications that may be necessary.

 

DHCR AGENCY CONTACT

For more information please contact:

Sheldon Melnitsky, Managing Attorney

Office of Legal Affairs
Division of Housing and Community Renewal
641 Lexington Ave., 6th Floor
New York, NY 10022
March 1, 2024
Telephone: (212) 480-6789
Email: [email protected]  
 

 

This agenda was prepared and submitted by:

Sheldon Melnitsky, Managing Attorney

Office of Legal Affairs
Division of Housing and Community Renewal
641 Lexington Ave., 6th Floor
New York, NY 10022
Telephone: (212) 480-6789

 

Language Accessibility Notices (Translations)

Office of Rent Administration Language Access

For language access or translation assistance related to this content, please contact ORA's Public Information staff at 1 (833) 499-0343.
Please Note:  Translators available during normal business hours.

 

 

English Translation – Notice of Public Hearing September 9, 2020

Español (Spanish) Translation – Aviso de Audiencia Pública September 9, 2020

中國 - 傳統 (Chinese) Translation – 公开听证会通知书 September 9, 2020

Русский (Russian) Translation – ОПОВЕЩЕНИЕ О ПРОВЕДЕНИИ ПУБЛИЧНЫХ СЛУШАНИЙ September 9, 2020

Italiano (Italian) Translation – Avviso Di Udienza Pubblica September 9, 2020

Kreyòl ayisyen (Haitian-Creole) Translation – Avi Odyans Piblik September 9, 2020

한국어 (Korean) Translation –공청회 고지 September 9, 2020

বাংলা (Bengali) Translation – প্রকাশ্য শুনাননর নিজ্ঞনি September 9, 2020

Regulations

Proposed Regulations Archive (2020)

Archive Previously Proposed Regulations

Proposed Regulations
Regulatory Agenda

New York Codes, Rules and Regulations (NYCRR)

Pursuant to Section 202-d of the State Administrative Procedure Act (SAPA), the following Agenda sets forth a list and brief description of the subject matter of regulatory amendments to 9 NYCRR which the Division of Housing and Community Renewal (DHCR) is considering proposing during 2012.

The DHCR's regulatory plans are subject to change, and it reserves the right to add to, delete from, or modify items on the Agenda without further notice. SAPA Section 202-d does not preclude the DHCR from proposing a rule for adoption that is not described in this Agenda, nor is the DHCR required to propose any rule for adoption that is described in this Agenda.

This notice is also intended to provide small businesses, local governments, and public and private interests in rural areas with the opportunity to participate in the rule making process, as provided for in SAPA Section 202-b and 202-bb.

Agency Contact Person:

Information may be obtained, and written comments may be submitted for consideration, by contacting:
Francis DeMartini
DHCR Office of Legal Affairs
25 Beaver St.
New York, NY 10004
(212) 480-7471

Office of Housing Management

9 NYCRR 1750

A comprehensive review of the rules regarding the voluntary dissolution of Mitchell-Lama developments in order to clarify and update the rules.

9 NYCRR (Various)

Possible promulgation of rules governing the implementation of no smoking or limited smoking policies in DHCR's public housing and assisted/subsidized housing portfolio and in other HCR assisted/subsidized housing programs.

Date: April 5, 2011

9 NYCRR (Various) (Part 1601, et. seq. and other sections of Chapter III of Subtitle S, as necessary)

Amend rules related to housing authority reporting requirements, in order to clarify the scope of DHCR supervisory authority and conform the rules to agency practices.

Date: September 25, 2012

Office of Rent Administration

9 NYCRR (Various)(Subpart B, Part 2100 et seq., Subpart D, Part 2200 et seq., Subtitle S, Chapter VIII, Subchapter A, Part 2500, et seq., Subchapter B, Part 2520 et seq.)

Promulgation and amendment of rules governing housing accommodations subject to  the Emergency Tenant Protection Act,  the  Rent Stabilization Law  and  the  New York City and State  Rent Control Laws to reflect modification of  various substantive and procedural provisions, where appropriate, with respect to such matters as rent setting, overcharges, provision of  services, enforcement, major capitol improvements, service of papers, deregulation, notices, and lease provisions based on suggestions received by regulated parties, DHCR’s  own experience in administration, and court cases decided since the last major set of amendments to these rules in 2000.

Date:March 25, 2013

9 NYCRR (Various)(Subpart B, Part 2100 et seq., Subpart D, Part 2200 et seq., Subtitle S, Chapter VIII, Subchapter A, Part 2500, et seq., Subchapter B, Part 2520 et seq.)

Promulgation and amendment of rules governing Rent Stabilization and Rent Control to conform to changes made by the Laws of 2011, Chapter 97, Part B and the Laws of 2009, Chapter 480 with respect to the amounts of administrative fines, high rent vacancy and high rent/high income deregulations thresholds and the amortization formula with respect to individual apartment improvements for buildings of thirty-five units or more.

Date: April 19, 2012

Division of Housing and Community Renewal

9 NYCRR Part 2658

Promulgation of rules, pursuant to Executive Order No. 38, dated January 18, 2012, as continued by Executive Order No. 43, dated April 13, 2012, governing the use of State funds and State-authorized payments for administrative costs and executive compensation of providers of program services to members of the public.

Date: May 16, 2012

This agenda was prepared and submitted by:

Gary R. Connor
General Counsel
25 Beaver Street
New York, New York 10004
(212) 480-6709