New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter B - Housing Trust Fund Corporation › Article 1 - Housing Trust Fund Program › Part 1900 - General Provisions › Section 1900.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) Capital improvement shall mean an
						improvement which is deemed depreciable under the Internal Revenue Code, other
						than for ordinary repair.
(2)
						Commissioner shall mean the Commissioner of the New York State Division of
						Housing and Community Renewal (DHCR).
(3) Construction shall mean the erection of
						any new structure.
(4) Conversion
						shall mean all work necessary to convert nonresidential property into
						residential property.
(5)
						Cooperative project or condominium project shall mean an eligible property
						which, subsequent to construction, conversion or rehabilitation hereunder, will
						be owned as an approved residential cooperative or condominium.
(6) Corporation shall mean the Housing Trust
						Fund Corporation established by the Private Housing Finance Law, section
						45-a.
(7) Eligible applicant shall
						mean:
(i) a person of low income; provided,
						however, such person cannot be a direct recipient of any payment, grant or loan
						from the corporation;
(ii) a
						housing development fund company incorporated pursuant to article XI of the
						Private Housing Finance Law;
(iii)
						a not-for-profit corporation or charitable organization which has, as one of
						its primary purposes, the improvement or provision of housing for persons of
						low income (or a wholly owned subsidiary of such a corporation or
						organization);
(iv) a partnership
						at least 50 percent of the controlling interest of which is held by an eligible
						not-for-profit corporation or charitable organization or wholly owned
						subsidiary thereof and which has agreed to limit its profit or rate of return
						in accordance with a formula approved or established by the
						corporation;
(v) a private
						developer which has agreed to limit its profits or rate of return of investors
						in accordance with a formula approved or established by the
						corporation;
(vi) a municipality;
						or
(vii) a municipal housing
						authority, provided that:
(a) the purchase of
						the eligible property shall not have been financed pursuant to provisions of
						the Public Housing Law; and
(b) the
						eligible property was not owned by such authority prior to July 1,
						1986.
(8)
						Eligible property shall mean any vacant residential or nonresidential property
						or any underoccupied residential property, or any portion of any of the above,
						or any site suitable for construction, which is located in an eligible area as
						defined in section
						1901.4 of this Title.
(9) Eligible recipient shall mean a person or
						family of low income.
(10)
						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.
(11) Homesteading project
						shall mean an eligible property which, subsequent to construction, conversion
						or rehabilitation hereunder, will contain less than five residential units,
						have at least one owner-occupant and will not be owned as a cooperative or
						condominium.
(12) Income or annual
						income shall mean the adjusted gross income as reported in the Federal income
						tax return, or would be reported if such return were required, less such
						personal exemptions and deductions for medical expenses as are actually taken
						by the taxpayer.
(13) Income
						requirements of a project shall mean all income adequate to pay the actual
						operation and maintenance costs of the project including debt service,
						operating reserves and replacement reserves.
(14) Initial rent, for other than
						owner-occupied units, shall mean the first monthly occupancy charge, including
						utility charges, where applicable subsequent to the construction,
						rehabilitation or conversion of any residential accommodation assisted
						hereunder.
(15) Legal occupant
						shall mean a tenant in possession of a unit in accordance with local codes,
						laws or ordinances.
(16) Local
						program administrator shall mean an eligible applicant to whom the corporation
						makes payments, grants or loans from which the local program administrator
						shall construct, rehabilitate or convert its own projects or make payments,
						grants or loans to subrecipients for the construction, rehabilitation or
						conversion of a project.
(17)
						Municipality shall mean any village, town, city or county having a county
						department of assessment with the power to assess real property (except that
						where a city consists of more than one county, the term municipality shall
						refer to such city).
(18)
						Nonresidential property shall mean any property which is not residential
						property as defined herein and which is vacant.
(19) Owner shall mean an owner of a property
						in fee simple or the lessor of an eligible property with at least 20 years
						remaining on the lease term, subsequent to the completion of construction,
						rehabilitation or conversion.
(20)
						Owner-occupant shall mean a person or persons who owns a homesteading project
						and who occupies a unit therein as his or her principal place of
						residence.
(21) Persons of low
						income shall mean:
(i) for those cities with
						a population of one million or more persons, those persons or families whose
						household incomes do not exceed 80 percent of the median income for the
						metropolitan statistical area in which that project is located; provided,
						however, that in the case of an owner occupant of a homesteading project,
						persons of low income shall also mean those persons or families whose household
						incomes do not exceed 80 percent of the median income for the State of New York
						if this measurement is greater than the measurement previously
						stated;
(ii) for other portions of
						the State:
(a) and within a metropolitan
						statistical area, those persons and families whose household incomes do not
						exceed 90 percent of the median income for the metropolitan statistical area in
						which that project is located or 90 percent of the median income for the State,
						whichever is greater; or
(b) and
						without a metropolitan statistical area, those persons and families whose
						household incomes do not exceed 90 percent of the median income for the county
						in which a project is located or 90 percent of the median income for the State,
						whichever is greater.
(22) Persons of very low income shall mean
						those persons or families whose household incomes do not exceed 50 percent of
						the median income for the metropolitan statistical area in which the project is
						located, or if a project is located outside such an area, those persons or
						families whose household incomes do not exceed 50 percent for the county in
						which the project is located.
(23)
						Principal shall mean any individual who has a 10 percent interest or more in,
						or is an officer or director of, an eligible applicant.
(24) Private developer shall mean a person,
						firm, partnership (less than 50 percent of the controlling interest of which is
						held by a not-for-profit corporation or charitable organization or wholly owned
						subsidiary thereof) or corporation which is not otherwise defined as an
						eligible applicant in paragraph (7) of this subdivision, whose business
						activity includes residential construction or rehabilitation.
(25) Project shall mean the construction,
						rehabilitation or conversion of an eligible property or properties by an
						eligible applicant hereunder, into a homesteading, cooperative, condominium or
						rental project. In cases where the project consists of less than the entire
						property, the term project shall mean only that portion which is assisted
						hereunder.
(26) Project recipient
						shall mean an eligible applicant to whom the corporation makes a payment, grant
						or loan for the construction, rehabilitation or conversion of a
						project.
(27) Reconstruction shall
						mean the replacement of most of a project's major structural components such as
						floors, walls and ceilings.
(28)
						Rehabilitation shall mean all work necessary to bring a residential property
						into compliance with all applicable laws and regulations, including but not
						limited to the installation, replacement or repair of heating, plumbing,
						electrical and related systems, accessibility for the handicapped and the
						elimination of all hazardous violations in the structure. Rehabilitation may
						also include reconstruction or work to improve the habitability or prolong the
						useful life of a residential property.
(29) Rental project shall mean an eligible
						property which, subsequent to construction, conversion or rehabilitation
						hereunder, will be owned and operated as rental residential property.
(30) Residential property shall mean any real
						property in which all or part of the space is used for residential purposes
						prior and subsequent to construction, rehabilitation or conversion. Residential
						purposes shall be dwelling accommodations and such facilities as may be deemed
						by the corporation to be incidental and appurtenant thereto.
(31) Shared housing project shall mean a
						specific project, including lands, buildings and improvements acquired,
						constructed, renovated, upgraded, improved, modernized, rehabilitated, restored
						or converted to create shared living arrangements for two or more unrelated
						persons or households in an eligible area.
(32) Subrecipient shall mean an eligible
						applicant to whom a local program administrator makes a payment, grant or loan
						for a project.
(33) Underoccupied
						residential property shall mean:
(i) a
						residential property, the units of which are at the time of the application
						less than 60 percent occupied by legal occupants;
(ii) a portion of a residential property as
						described in subdivision (a) of this section, the residential units of which
						are in itself less than 60 percent occupied by legal occupants; or
(iii) a residential property consisting of
						one or two units prior to rehabilitation or conversion under the act, and will
						contain at least one additional unit after rehabilitation or
						conversion.