New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VI - Neighborhood Park Land Acquisition Program › Subchapter B - Low-income Housing Tax Credit Program › Part 2040 - Low-income Housing Tax Credit Program › Section 2040.9 - Compliance and inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For all
					 buildings placed in service on or after January 1, 2001, the division shall
					 conduct on-site inspections of all buildings in the project by the end of the
					 second calendar year following the year the last building in the project is
					 placed in service and, for at least 20 percent of the projects's low-income
					 units, inspect the units for habitability and review the low-income
					 certifications, the documentation supporting the certifications, and the rent
					 records for the tenants in those units.
(b) At least once every three years, the
					 agency shall conduct on-site inspections of all buildings in the project and,
					 for at least 20 percent of the project's low-income units, inspect the units
					 for habitability and review the low-income certifications, the documentation
					 supporting the certifications, and the rent records for the tenants in those
					 units.
(c) The agency shall
					 randomly select which low-income units and tenant records are to be inspected
					 and reviewed by the agency. The review of tenant records may be undertaken
					 wherever the owner maintains or stores the records (either on-site or
					 off-site). The units and tenant records to be inspected and reviewed shall be
					 chosen in a manner that will not give owners of low-income housing projects
					 advance notice that a unit and tenant records for a particular year will or
					 will not be inspected and reviewed. DHCR may give an owner reasonable notice
					 that an inspection of the building and low-income units or tenant record review
					 will occur so that the owner may notify tenants of the inspection or assemble
					 tenant records for review.
(d) The
					 division shall review any local health, safety, or building code violations,
					 reports or notices retained by the owner and must determine whether the
					 buildings and units satisfy, as determined by the agency, the uniform physical
					 condition standards for public housing established by HUD (24 CFR
					 5.703). The HUD physical condition standards
					 do not supersede or preempt local health, safety, and building codes. A
					 low-income housing project under section 42 must continue to satisfy these
					 codes and, if the agency becomes aware of any violation of these codes, the
					 agency must report the violation to the IRS. However, provided the agency
					 determines by inspection that the HUD standards are met, the agency is not
					 required to determine by inspection whether the project meets local health,
					 safety, and building codes.
(e)
Exception from inspection provision.
The division shall not be required to inspect a building
						under subdivision (d) of this section if the building is financed by the Rural
						Housing Service (RHS) under the section 515 program, the RHS inspects the
						building (under 7 CFR part 1930), and the RHS and DHCR enter into a memorandum
						of understanding, or other similar arrangement, under which the RHS agrees to
						notify the agency of the inspection results.
(f) An inspection may include, but is not
					 limited to: a physical inspection of the building, grounds, individual rental
					 units, common facilities and central systems for general construction; a review
					 of all records described above; interviews of tenants and project employees;
					 and any other information which the division deems relevant.