New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1729 - Operations And Maintenance › Subpart 1729-1 - Project Management › Section 1729-1.5 - Remedies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the division
						determines at any time that a housing company, its officers, directors,
						employees, agents, managing agent or project management of a self managed
						company have failed to comply with its agreements, these regulations, or
						division directives or if they are failing to or threatening not to do that
						which is required by law or regulation, the division may:
(1) deny any annual percentage increment of
						the compensation of the managing agent;
(2) reduce the compensation of the managing
						agent already in effect;
(3) cause
						the discharge of the managing agent or employee of the housing company or
						managing agent;
(4) cause the
						immediate suspension of any contract or purchase entered into by the housing
						company or its managing agent;
(5)
						in the case of a self-managed housing company, revoke division approval of its
						self-management;
(6) in the case of
						a managing agent, terminate the managing agent's agreement immediately or at
						the end of the current contract term;
(7) take any such non-compliance into account
						in evaluating participation in other division-supported projects or
						activities;
(8) direct the housing
						company or managing agent to deposit a portion of the fee, compensation or
						salary associated with project management as it is or becomes due in a
						restricted account to be withdrawn only upon approval by the
						division;
(9) with respect to
						violation relating to tenant selection and eligibility, take over control of
						all internal and external waiting lists and have sole responsibility for the
						selection and approval of admissions and transfers;
(10) direct that a consultant chosen by the
						division be retained by the housing company to perform any of the functions
						otherwise required to be performed by a managing agent or by employees or
						contractors in a self-managed housing company. During the period that such
						function is performed by the consultant the project management fee shall be
						reduced accordingly;
(11) direct
						that a full-time or part-time site manager be employed to effectively carry out
						prescribed project management functions. For a housing company employing a
						managing agent, such site manager shall be reimbursed by the housing company
						for up to 50 percent of either the manager's entire salary and fringe benefits
						or, in the event of a part-time site manager, a prorated portion of the salary
						and fringe benefits;
(12) may
						assume sole responsibility for any of the functions otherwise required to be
						performed by a managing agent or by employees or contractors in a self-managed
						housing company. During such period of division control, the housing company
						shall compensate the division for all associated costs and any project
						management shall be accordingly reduced;
(13) with respect to warehousing as described
						in section 1727-1.5 of this Title, directors,
						managing agents, or housing company employees may be held liable to the housing
						company for any rent losses incurred; and;
(14) subject the individuals or entity to
						such orders, directives, penalties, or remedies as are otherwise provided or
						allowed by law;
(15) remove any or
						all members of the Board of Directors and replace them;
(16) where a housing company has received an
						additional real property tax exemption from a municipality which is conditioned
						upon compliance with the applicable provisions of the PHFL and the applicable
						rules, regulations or other requirements of the division or U.S. Department of
						Housing and Urban Development or the term of any regulatory agreement or
						contract with which such housing company fails to comply, advise the city or
						municipality of such non-compliance and that such additional real property tax
						exemption should be terminated;
(17) require a housing company to seek a
						certificate from the division that the division has no objection to the housing
						company commencing an eviction proceeding in a specific case or on any or all
						grounds specified in section
						1727-5.3 of this Title.