reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.2 - Time for filing a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
A PAR against an order of a rent administrator must be
						filed in person, by mail, or otherwise as provided by operational bulletin,
						with the DHCR within 35 days after the date such order is issued. A PAR served
						by mail must be postmarked not more than 35 days after the date of such order,
						to be deemed timely filed. If the prepaid postage on the envelope in which the
						PAR is mailed is by private postage meter, and the envelope does not have an
						official U.S. Postal Service postmark, then the PAR will not be considered
						timely filed unless received within the aforementioned 35 days or the
						petitioner submits other adequate proof of mailing within said 35 days, such as
						an official Postal Service receipt or certificate of mailing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.3 - Form and content of a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
A PAR may be filed only on a form prescribed by the DHCR,
						which shall be verified or affirmed by the party filing same, or his or her
						duly designated representative, and which shall have attached thereto a
						complete copy of the order to be reviewed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.4 - Service and filing of a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each PAR shall be filed in an original and one copy at the Division of Housing
					 and Community Renewal, Office of Rent Administration, 92-31 Union Hall Street,
					 Jamaica, NY 11433, unless otherwise provided on the form prescribed by the
					 commissioner for such PAR.
(b) A
					 copy of the PAR shall be served by the DHCR upon the adverse party.
(c) A PAR will not be accepted for filing
					 unless accompanied by a complete copy of the order to be reviewed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.5 - Time of filing an answer to a PAR

Current through Register Vol. 46, No. 28, July 10, 2024
Any person served with a PAR as provided in section
						2529.4(b) of this
						Part, may, within 20 days from the date of mailing of a copy of the PAR by the
						DHCR pursuant to section
						2529.4(b) of this
						Part, file a verified or affirmed answer thereto, by filing the same with the
						DHCR. A copy of such answer to the PAR shall be served by the DHCR upon the
						adverse party. The commissioner may, in his discretion, and for good cause
						shown, extend the time within which to answer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.6 - Scope of review

Current through Register Vol. 46, No. 28, July 10, 2024
Review pursuant to this Part shall be limited to facts or
						evidence before a rent administrator as raised in the petition. Where the
						petitioner submits with the petition certain facts or evidence which he or she
						establishes could not reasonably have been offered or included in the
						proceeding prior to the issuance of the order being appealed, the proceeding
						may be remanded for redetermination to the rent administrator to consider such
						facts or evidence. Proceedings remanded back to the DHCR following an Article
						78 may be reconsidered, at the discretion of the commissioner, without being
						remanded to the rent administrator.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.7 - Action by commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
Within a reasonable time after the filing of the PAR and
						the answers, if any, the commissioner may:
(a) Reject a PAR which is timely filed if it
					 is insufficient or defective, but may provide a specified period of time within
					 which to perfect the PAR.
(b) Make
					 such investigation of the facts, hold such conferences, and require the filing
					 of such reports, evidence, affidavits, or other material relevant to the
					 proceeding as he may deem necessary or appropriate.
(c) Forward to, or make available for
					 inspection by either party, any relevant evidence, and afford an opportunity to
					 file rebuttal thereto.
(d) For good
					 cause shown, accept for filing any papers, other than a PAR, even though not
					 filed within the time required by this Part.
(e) Require any person to appear or produce
					 documents, or both, pursuant to a subpoena issued by the
					 commissioner.
(f) Grant or order a
					 hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.8 - Final determination by the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, on such terms and conditions as he
						determines, shall:
(a) dismiss the PAR
					 if it fails substantially to comply with the provisions of the RSL or this
					 Code; or
(b) grant or deny the PAR,
					 in whole or in part, or remand the proceeding to the rent administrator for
					 further action;
The commissioner shall inform all parties to the PAR of
						the grounds upon which such decision is based.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.9 - Modification or revocation of orders by the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, on application of either party or on
						his own initiative, and upon notice to all parties affected, may, prior to the
						date that a proceeding for judicial review has been commenced in the Supreme
						Court pursuant to article 78 of the Civil Practice Law and Rules, issue a
						superseding order modifying or revoking any order issued by him under this or
						any previous Code where he finds that such order was the result of illegality,
						irregularity in vital matters or fraud.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.10 - Pending PAR proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
Unless undue hardship or prejudice would result
						therefrom, this Code shall apply to any PAR proceeding pending before the DHCR
						commenced on or after April 1, 1984. Where a provision of this Code is amended,
						or an applicable statute is enacted or amended during the pendency of a PAR,
						the determination shall be in accordance with the statute or Code as it existed
						at the time the rent administrator's order was issued, unless the relevant law
						or regulation states otherwise.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.11 - Time within which the commissioner shall take final action

Current through Register Vol. 46, No. 28, July 10, 2024
If the commissioner does not act finally within a period
						of 90 days after a PAR is filed, or within such extended period as provided for
						herein, the PAR may be "deemed denied" by the petitioner for the purpose of
						commencing a proceeding pursuant to section
						2530.1 of this Title. The
						commissioner may, however, grant one such extension, not to exceed 30 days,
						with the consent of the party filing the PAR; any further extension may only be
						granted with the consent of all parties to the PAR. Unless a proceeding for
						judicial review pursuant to article 78 of the Civil Practice Law and Rules has
						been commenced, the commissioner shall determine a PAR notwithstanding that
						such 90-day or extended period has elapsed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2529 - Administrative Review › Section 2529.12 - Stays

Current through Register Vol. 46, No. 28, July 10, 2024
The filing of a PAR against an order, other than an order
						adjusting, fixing or establishing the legal regulated rent, shall stay such
						order until the final determination of the PAR by the commissioner.
						Notwithstanding the above, that portion of an order fixing a penalty pursuant
						to section 2526.1(a) of this
						Title, that portion of an order resulting in a retroactive rent abatement
						pursuant to section
						2523.4 of this Title, that portion
						of an order resulting in a retroactive rent decrease pursuant to section
						2522.3 of this Title, and that
						portion of an order resulting in a retroactive rent increase pursuant to
						section 2522.4 (b), (c),
						and (d) of this Title shall also be stayed by the timely filing of a PAR
						against such orders until the expiration of the period for seeking review
						pursuant to article seventy-eight of the civil practice law and rules. However,
						an order granting a rent adjustment pursuant to section
						2522.4(b) of this
						Title, against which there is no PAR filed by a tenant that is pending, shall
						not be stayed. Nothing herein contained shall limit the commissioner from
						granting or vacating a stay under appropriate circumstances, on such terms and
						conditions as the commissioner may deem appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2530 - Judicial Review › Section 2530.1 - Commencement of proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
A proceeding for judicial review pursuant to article 78
						of the Civil Practice Law and Rules may be instituted only to review a final
						order of the DHCR pursuant to section
						2526.2(c)(2) of
						this Title; or to review a final order of the commissioner pursuant to section
						2529.8 of this Title; or after the
						expiration of the 90-day or extended period within which the commissioner may
						determine a PAR pursuant to section
						2529.11 of this Title, and which,
						therefore, may be "deemed denied" by the petitioner. The petition for judicial
						review shall be brought in the Supreme Court in the county in which the subject
						housing accommodation is located and shall be served upon the DHCR and the
						Attorney General. A proceeding for judicial review of an order issued pursuant
						to section 2526.2(c)(2) or
						section 2529.8 of this Title shall be
						brought within 60 days after the issuance date of such order. Issuance date is
						defined as the date of mailing of the order. A party aggrieved by a PAR order
						issued after the 90-day or extended period of time within which the petitioner
						could deem his or her petition "denied" pursuant to section
						2529.11 of this Title, shall have
						60 days from the date of such order to commence a proceeding for judicial
						review, notwithstanding that 60 days have elapsed after such 90-day or extended
						"deemed denial" period has expired. Service of the petition upon the DHCR shall
						be made by either:
(a) personal
					 delivery of the notice of petition and petition to Counsel's Office at the
					 DHCR's office, 641 Lexington Avenue, New York, N.Y. 10022, or such other
					 address as may be designated by the commissioner, and delivering a copy thereof
					 to an Assistant Attorney General at an office of the New York State Attorney
					 General within the State; or
(b) by
					 such other method as is authorized by the Civil Practice Law and
					 Rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2531 - Procedures For High Income Rent Decontrol › Section 2531.1 - Definitions (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2531 - Procedures For High Income Rent Decontrol › Section 2531.2 - Income certification form (ICF) (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2531 - Procedures For High Income Rent Decontrol › Section 2531.3 - Procedure where total annual income as certified on ICF exceeds threshold (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2531 - Procedures For High Income Rent Decontrol › Section 2531.4 - Procedure where tenant fails to return ICF or owner disputes certification (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2531 - Procedures For High Income Rent Decontrol › Section 2531.5 - Determination by Department of Taxation and Finance (DTF) (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2531 - Procedures For High Income Rent Decontrol › Section 2531.6 - Procedure where tenant fails to provide information for determination by Department of Taxation and Finance (DTF) (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2531 - Procedures For High Income Rent Decontrol › Section 2531.7 - Mailing of submissions relating to high-income decontrol (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2531 - Procedures For High Income Rent Decontrol › Section 2531.8 - Lease riders regarding high-income decontrol (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VIII - Rent Stabilization Regulations › Subchapter B - Rent Stabilization Code › Part 2531 - Procedures For High Income Rent Decontrol › Section 2531.9 - Jurisdictional authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Effective June 14, 2019, high rent high income deregulation pursuant to Rent
					 Stabilization Law sections 26-504.1 and 26-504.3, otherwise repealed by
					 Chapters 36 and 39 of the Laws of 2019, is nolonger applicable. Any apartment
					 that was lawfully deregulated pursuant to Rent Stabilization Law sections
					 26-504.1 and 26-504.3 shall remain deregulated, notwithstanding that such
					 sections were repealed pursuant to Chapters 36 and 39 of the Laws of 2019. For
					 the purposes of this subdivision, lawful deregulation shall be defined as the
					 issuance of an order by the DHCR pursuant to Rent Stabilization Law sections
					 26-504.1 and 26-504.3, which were repealed by Chapters 36 and 39 of the Laws of
					 2019 and the expiration of the lease in effect upon issuance of such order
					 expiring prior to June 14, 2019.
(b) Effective June 14, 2019, no further high
					 rent high income deregulation proceedings pursuant to this Title may be
					 commenced, and all pending applications shall be dismissed as not subject to
					 deregulation. For the purposes of this subdivision, an application shall not be
					 considered pending if the subject housing accommodation was lawfully
					 deregulated pursuant to such application prior to June 14, 2019, and such
					 lawful deregulation is subject to review as of June 14, 2019 in a Court of
					 competent jurisdiction, before the commissioner pursuant to a petition for
					 administrative review, or before the rent administrator subsequent to a remand
					 for further consideration by the either the commissioner or a court.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of the Division of Housing and Community
					 Renewal to assist in the provision of decent housing and stimulate the
					 improvement of New York State communities pursuant to article XVIII of the New
					 York State Constitution. In meeting these objectives, the division seeks to
					 strike a balance among competing goals and needs, including a determination to
					 promote rational development and the preservation of our natural
					 resources.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.2 - Applicability and effective date

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  With respect to actions directly undertaken by the Division of Housing and
				  Community Renewal, the requirement of an environmental review pursuant to
				  article 8 of the Environmental Conservation Law shall take effect on the first
				  day of September, 1976.
(b) With
				  respect to funding actions undertaken by the Division of Housing and Community
				  Renewal, the requirement of an environmental review pursuant to article 8 of
				  the Environmental Conservation Law shall take effect on the first day of June,
				  1977.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actions other
				  than exempt actions as defined in this section, are either direct actions or
				  funding actions.
(b) Direct action
				  means any activity directly undertaken by the division except an exempt action
				  as defined in this section:
(1) physical
				  projects such as construction or other activities directly undertaken by the
				  division which change the use or appearance of any natural resource or a
				  structure;
(2) planning activities
				  such as site selection for other activities and the proposing, approval or
				  disapproval of master or long range plans, zoning or other land use maps,
				  ordinances or regulations, development plans or other plans designed to provide
				  a program for future activities;
(3) policy making activities, such as the
				  making, modification or establishment of rules, regulations, procedures,
				  policies and guidelines.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.4 - General rule

Current through Register Vol. 46, No. 28, July 10, 2024
No final division decision to carry out or approve an
					 action shall be taken until there has been full compliance with the provisions
					 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.5 - Responsibilities of applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each applicant to the division shall prepare a SEQR data sheet at a prescribed
				  point in the application process in a form prescribed by the division
				  describing and analyzing the environmental impacts of the proposed action. The
				  SEQR data sheet shall contain sufficient information for the division to
				  conduct an environmental analysis to determine, pursuant to section
				  2550.6 of this Part, whether the
				  action may or will not have a significant effect on the environment. If, in the
				  judgment of the division the information provided in the SEQR data sheet is
				  insufficient to complete an adequate environmental analysis under SEQR, it may
				  require the applicant to furnish additional information on the proposed
				  action.
(b) Each SEQR data sheet
				  shall include an identification of those other agencies, including Federal
				  agencies, which to the best knowledge of the applicant, have jurisdiction by
				  law over the action or any portion of it.
(c) Where appropriate, an applicant may
				  include in application documents a concise statement of reasons why, in the
				  judgement of the applicant, the proposed action is one which will not require
				  the preparation of an EIS.
(d)
				  Applicants should consider the environmental impacts of proposed actions and
				  alternatives at the earliest possible point in their planning processes and
				  should develop, wherever possible, measures to mitigate or avoid adverse
				  environmental impacts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.7 - Notices of completion of draft EIS's and circulating, filing and availability thereof; circulation, filing and availability of draft EIS's; public hearings and notices thereof

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Notices of completion of draft EIS's. Upon the completion of a draft EIS, the
				  department shall immediately prepare, file and make available for public
				  inspection a notice of completion as provided in paragraphs (1), (2) and (3) of
				  this subdivision.
(1) Contents of notices of
				  completion. All notices of completion shall contain the following:
(i) an action identifying number or
				  name;
(ii) a brief description of
				  the action;
(iii) the location of
				  the action and its potential impacts and effects (county and city, town,
				  village); and
(iv) a statement that
				  comments on the draft EIS are requested and will be received and considered by
				  the division at the SEQR implementation office of the division. The notice
				  shall specify the public review and comment period on the draft EIS, which
				  shall be for not less than 30 calendar days from the date of filing and
				  circulation of the notice or not less than 10 calendar days following any
				  public hearing on the draft EIS.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.8 - Final EIS procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				  as provided in paragraphs (1) and (2) of this subdivision the division shall
				  prepare or cause to be prepared a final EIS within 45 calendar days after the
				  close of any hearing or within 60 calendar days after the filing of the draft
				  EIS, whichever last occurs.
(1) If the
				  proposed action has been withdrawn or if, on the basis of the draft EIS or a
				  hearing, the division has determined that the action will not have a
				  significant effect on the environment, no final EIS shall be prepared. In such
				  case the division shall prepare, file and circulate a negative declaration or
				  shall issue a notice of such withdrawal.
(2) The division may extend the last date for
				  preparation of the final EIS (i) where it determines that additional time is
				  necessary to complete the statement adequately, or (ii) to meet the
				  requirements of other statutes or regulation, or (iii) where problems with the
				  proposed action requiring material reconsideration or modification have been
				  identified, or (iv) for other good cause.
(3) The final EIS shall reflect a revision
				  and updating of the matters contained in the draft EIS in the light of further
				  division review, comments received and the record of any hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.9 - Actions involving Federal participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an action under consideration by the
				  division may involve a "major Federal action significantly affecting the
				  quality of the human environment under the National Environmental Policy Act of
				  1969," then the procedures specified in this section shall be
				  followed.
(b) In the case of an
				  action for which there has duly been prepared under the National Environmental
				  Policy Act of 1969, both a draft environmental impact statement and a final
				  environmental impact statement, the division shall have no obligation to
				  prepare a SEQR EIS or to make findings pursuant to section
				  2550.12 of this Part, provided that
				  such environmental impact statements either contain or are supplemented by the
				  matters described in paragraphs (7) and (8) of subdivision (d) of 6 NYCRR 617.6
				  relating to growth inducement and energy use and conservation.
(c) In the case of an action for which has
				  been prepared a negative declaration or other written threshold determination
				  that the action will not require a Federal impact statement under the National
				  Environmental Policy Act of 1969, the division shall determine whether or not
				  the action may have a significant effect on the environment pursuant to article
				  8 of the Environmental Conservation Law, 6 NYCRR Part 617 and this Part and the
				  action shall be fully subject to such law and rule and regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.10 - Actions undertaken or approved prior to the effective date(s) of article 8 of the Environmental Conservation Law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (b) of
				  this section, no environmental impact statement shall be required for actions
				  undertaken or approved prior to the effective date(s) of article 8 of the
				  Environmental Conservation Law, as submitted to the Director of the Budget, and
				  approved by the Commissioner of Environmental Conservation.
(b) If, after the effective date(s) of
				  article 8 of the Environmental Conservation Law, the division proposes to
				  modify an action undertaken or approved prior to such date(s), which
				  modification may have a significant adverse effect on the environment, such
				  modification shall be an action fully subject to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.11 - Contents of EIS's

Current through Register Vol. 46, No. 28, July 10, 2024
All draft and final EIS's prepared by or at the request of
					 the division shall contain the information specified in 6 NYCRR
					 617.6.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.12 - Division decision making

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  decision to carry out or approve an action which may have a significant effect
				  on the environment shall be made by the division until after the filing and
				  consideration of a final EIS. When the division is the lead agency, its
				  decision whether or not to approve an action which has been the subject of an
				  EIS shall be made within 30 calendar days of the filing of a final
				  EIS.
(b) When the division decides
				  to carry out or approve an action which may have a significant effect on the
				  environment, it shall make the following findings in a written decision:
(1) consistent with social, economic and
				  other essential considerations of State policy, from among the reasonable
				  alternatives thereto, the action to be carried out or approved is one which
				  minimizes or avoids adverse environmental effects to the maximum extent
				  possible, including the effects disclosed in the relevant environmental impact
				  statement, and
(2) consistent with
				  social, economic and other essential considerations of State policy, all
				  practicable means will be taken in carrying out or approving the action to
				  minimize or avoid adverse environmental effects.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.13 - Division filing of SEQR documents

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall maintain files in the central office
					 available for public inspection of all negative declarations, notices of
					 determinations of significance, notices of completion of draft and final EIS,
					 notices of public hearing, draft and final EIS's, and decisions it has prepared
					 or caused to be prepared. Copies of these documents shall be available to the
					 public at a cost not to exceed the cost of duplication.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.14 - Fees and costs

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall establish fees and charges for all work
					 pursuant to this Part based on costs consistent with law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IX - Implementation Of State Environmental Quality Review Act › Part 2550 - Implementation Of State Environmental Quality Review Act › Section 2550.15 - List of actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				  of this section is to simplify the task of determining whether or not a
				  proposed action may have a significant effect on the environment by identifying
				  actions or classes of actions that are likely to have a significant
				  effect.
(b) Because of the complex
				  and varied nature of actions, the lists in this section are not all inclusive.
				  The omission from the lists of an action does not mean that it is exempt from
				  this Part, nor does it mean that it is automatically an action requiring the
				  preparation of an environmental impact statement. The criteria set forth in
				  section 6 NYCRR 617.9 and this Part shall be used to determine significance
				  with respect to actions not listed in this section.
(c) The following classification system is
				  used in this section:
(1) Type I. Actions or
				  classes of actions that are likely to require preparation of environmental
				  impact statements because they will in almost every instance have a significant
				  effect on the environment.
(2) Type
				  II. Actions or classes of actions which have been determined not to have a
				  significant effect on the environment and which do not require environmental
				  impact statements or are exempt or ministerial action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2600 - General Provisions › Section 2600.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chapter 852 of
				  the Laws of 1977, as amended, added a new article XVI to the Private Housing
				  Finance Law. The purpose of this act is to support the efforts of
				  not-for-profit community-based organizations engaged in neighborhood
				  preservation, by providing funding for administrative and planning costs
				  necessary for continuation of specified neighborhood preservation activities,
				  and to foster the most effective use of public and private resources for these
				  purposes.
(b) The rules and
				  regulations contained in this Chapter are applicable to making funds available
				  to neighborhood preservation companies for neighborhood preservation
				  activities, pursuant to the provisions of article XVI of the Private Housing
				  Finance Law, as amended.
(c)
				  Not-for-profit organizations participating in the program are eligible for
				  contracts limited in duration for no more than a one-year term, with the
				  possibility of renewing, extending or entering into new contracts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2600 - General Provisions › Section 2600.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Chapter:
(a) Commissioner shall mean the Commissioner
				  of the Division of Housing and Community Renewal.
(b) Division or DHCR shall mean the New York
				  State Division of Housing and Community Renewal.
(c) Immediate family shall mean, with
				  reference to an individual person, that person's parents, stepparents, spouse,
				  brothers, stepbrothers, sisters, stepsisters, sons, stepsons, daughters and
				  stepdaughters; and the spouses of each.
(d) Municipality shall mean any city, town or
				  village within the State with a population in excess of 20,000.
(e) Neighborhood shall mean the identified
				  geographic boundaries within which the company shall carry out its proposed
				  activities.
(f) Neighborhood
				  preservation company (NPC) or companyshall mean a corporation, organized under
				  the provisions of the Not-for-Profit Corporation Law, which has been engaged
				  primarily in one or more neighborhood preservation activities.
(g) Neighborhood preservation activities or
				  activitiesshall mean activities engaged in by a neighborhood preservation
				  company within a geographically defined neighborhood of a municipality
				  designed:
(1)
(i) to construct, maintain, preserve, repair,
				  renovate, upgrade, improve, modernize, rehabilitate or otherwise prolong the
				  useful life, and to manage and coordinate the rehabilitation, of residential
				  dwelling accommodations within such neighborhood;
(ii) to restore abandoned and vacant as well
				  as occupied housing accommodations to habitable condition;
(iii) to demolish structurally unsound or
				  unsafe or otherwise unsightly or unhealthy structures which no longer serve or
				  can economically be made to serve a useful purpose consistent with stabilizing
				  or improving a neighborhood;
(iv)
				  to seal and maintain vacant but structurally sound structures which are capable
				  of being rehabilitated at a future time and used for housing
				  purposes;
(v) to acquire, where
				  appropriate, buildings which contain housing accommodations;
(vi) to facilitate the disposition of
				  buildings containing housing accommodations to individual occupants thereof, or
				  to cooperative groups whose members shall be occupants thereof;
(vii) to assist owners, occupants and tenants
				  of housing accommodations to obtain improvements in the physical conditions
				  thereof and in the safety, maintenance and management thereof; and
(viii) to manage housing accommodations as
				  agents for the owners thereof or administrators or receivers appointed or
				  designated pursuant to any law of the State;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2600 - General Provisions › Section 2600.3 - Equal opportunity

Current through Register Vol. 46, No. 28, July 10, 2024
All activities funded in whole or in part under the
					 Neighborhood Preservation Companies Program shall be consistent with all
					 relevant Federal and State equal employment opportunity, nondiscrimination and
					 fair housing laws.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2601 - Applicant Eligibility › Section 2601.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant:
(a)
				  must have been in existence either as a corporation or as an unincorporated
				  organized group performing significant neighborhood preservation activities for
				  at least one year prior to entering into a contract with the
				  commissioner;
(b) shall have
				  demonstrated by its immediate past and current housing activities that it has
				  been primarily engaged in, and has the ability to continue to engage in,
				  neighborhood preservation activities within the neighborhood; and
(c) possesses or has the ability to acquire
				  or gain access to the requisite staff, office facilities, equipment and
				  expertise to enable it to perform the proposed activities. The office shall be
				  located within the neighborhood and shall be open during regular business
				  hours.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2601 - Applicant Eligibility › Section 2601.2 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant's
				  officers, directors and members must be fairly representative of the residents
				  and other legitimate interests of the neighborhood, and shall have acted in a
				  responsible manner.
(b) A majority
				  of the company's directors must be residents of the neighborhood.
(c) The governing board of directors shall
				  consist of at least seven persons.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2601 - Applicant Eligibility › Section 2601.3 - Conflict of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following are restricted from holding voting board membership, serving as
				  officers of the company and/or staff management positions, except where
				  otherwise required by statute.
(1) State
				  legislators and members of their staffs who hold policymaking
				  positions;
(2) commissioners and
				  chairpersons of State departments and their deputies and assistants (including
				  members or directors of public authorities, public benefit corporations,
				  boards, commissions and councils);
(3) staff of the Division of Housing and
				  Community Renewal;
(4) statewide
				  elected officials, including the Governor, Lieutenant Governor, Attorney
				  General and Comptroller, and members of their staffs who hold policymaking
				  positions;
(5) chief executive
				  officials and members of the legislative bodies of counties having a population
				  of 275,000 or more, within which the project is located, or cities, towns and
				  villages having a population of 20,000 or more, within the county in which the
				  project is located, except where board membership for such persons is mandated
				  by other relevant Federal or State statutes; and
(6) political party chairpersons, party
				  organization leaders and members of their executive committees in the State,
				  counties having a population of 275,000 or more, within which the project is
				  located, or cities, towns and villages having a population of 20,000 or more,
				  within the county in which the project is located.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2601 - Applicant Eligibility › Section 2601.4 - One-third match

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  applicant must demonstrate its access to matching support equal to at least one
				  third of the funds requested.
(b)
				  The required match may be cash and/or in-kind contributions, and must be used
				  for neighborhood preservation activities.
(c)
(1)
				  In-kind consists of goods and services provided to the applicant for which
				  payment is not required. In-kind contributions must be verifiable,
				  quantifiable, reasonable and relevant to the organization's neighborhood
				  preservation activities.
(2)
				  In-kind may not include:
(i) routine board
				  functions and responsibilities; but may include, with DHCR approval, services
				  from board members for which the organization ordinarily would have to
				  pay;
(ii) overtime by executive and
				  full-time administrative staff paid with NPC funds;
(iii) technical assistance provided by
				  division staff; or
(iv) any other
				  category determined by the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2602 - Neighborhood Eligibility › Section 2602.1 - Geographic identification

Current through Register Vol. 46, No. 28, July 10, 2024
The area within which the applicant proposes to function
					 must be defined by precise boundaries and be a recognized or established
					 neighborhood in the municipality.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2602 - Neighborhood Eligibility › Section 2602.2 - Neighborhood condition

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Relevant, current and verifiable data, including but not limited to the most
				  recent census data, pertaining to such neighborhood must demonstrate that the
				  neighborhood has sustained physical deterioration, decay, neglect,
				  disinvestment or displacement of low income people.
(b) The neighborhood must contain a
				  significant amount of deteriorating or substandard buildings not being
				  adequately repaired, renovated, upgraded, modernized or rehabilitated under
				  existing programs to provide sound housing, and retail and service
				  establishments which are affordable to the residents and local business persons
				  of such neighborhoods.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2602 - Neighborhood Eligibility › Section 2602.3 - Neighborhood population

Current through Register Vol. 46, No. 28, July 10, 2024
A substantial proportion of the residential population of
					 the neighborhood must be persons of low income, and may include special
					 population groups with unmet housing needs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2602 - Neighborhood Eligibility › Section 2602.4 - Neighborhood need

Current through Register Vol. 46, No. 28, July 10, 2024
The neighborhood must be in need of active intervention to
					 effect its preservation, stabilization or improvement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter X - Neighborhood Preservation Companies Rules And Regulations › Part 2603 - Application Process › Section 2603.1 - Notice of funding availability

Current through Register Vol. 46, No. 28, July 10, 2024
As funds are made available for the purposes of this
					 program, the division shall publish in the State Register notice of the
					 availability of funds and procedures for obtaining and submitting
					 applications.