reglab/statecodes huggingface dataset:
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 1727 - Occupancy › Subpart 1727-6 - Miscellaneous Provisions Of Tenancy › Section 1727-6.3 - Tenants' associations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Housing
						companies that have a tenants' associations shall notify all tenants in writing
						of the existence of this association and that the housing company recognizes
						this organization as the duly constituted association of the housing
						development. Such recognition shall also mean that the housing company will
						meet regularly with the association representatives to discuss matters relating
						to the housing company. In the event more than 10 percent of the tenant
						families of record object to this association, the housing company shall
						conduct an election to determine representative status.
(b) Housing companies that do not have tenant
						associations shall, upon receipt of requests by at least 10 percent of the
						tenant families requesting formation of a tenant association, arrange for an
						election.
(c) Upon certification by
						the housing company of a duly constituted tenant association, the division
						shall recognize said organization and shall direct the housing company to meet
						with the association on a regular basis.
(d) In the event that a housing company fails
						to hold an election, then the division, upon written request by at least 10
						percent of the tenant families, shall direct the housing company to hold said
						election.
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 1727 - Occupancy › Subpart 1727-8 - Succession Requirements › Section 1727-8.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The rights of family members of tenants or cooperators
						  who have requested to remain as the lawful tenant in apartments in projects
						  developed under the Private Housing Finance Law are governed by this Subpart,
						  except in those instances where Federal rules and regulations preempt the
						  requirements of this Subpart.
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 1727 - Occupancy › Subpart 1727-8 - Succession Requirements › Section 1727-8.2 - Vacating of apartment by tenant

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Unless otherwise prohibited by occupancy restrictions based upon income
						limitations pursuant to Federal or State law, regulations or other requirements
						of governmental agencies, if a tenant or cooperator has permanently vacated
						their dwelling unit, any family member, as defined in section
						1700.2(a)(7) of
						this Title, who meets all of the following requirements shall be entitled to be
						named as a tenant on the lease and/or as a stockholder on the stock certificate
						of such unit. Such family members must have:
(1) immediately prior to the permanent
						vacating of the dwelling unit by the tenant, occupied the dwelling unit with
						the tenant as a primary residence, either:
(i) for a period of not less than two years,
						or, where a family member is a senior citizen or disabled person, for a period
						of not less than one year; or
(ii)
						if for less than such periods, then from the inception of the tenancy or
						commencement of the relationship; and
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 1727 - Occupancy › Subpart 1727-8 - Succession Requirements › Section 1727-8.3 - Special succession provisions in the event of the death of a tenant/cooperator

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Where a tenant/cooperator has died, the lease and the shares of stock for such
						decedent's apartment shall be surrendered by the decedent's estate or survivors
						for redemption. The housing company upon written request received from any
						member of such tenant's or cooperator's family who has resided with the tenant
						or cooperator in the dwelling unit as a primary residence and pursuant to the
						provisions of this section and the Private Housing Finance Law, shall sell or
						transfer the shares and the lease to the family member as set forth in this
						section.
(b) In the event that
						there is a legal dispute involving the rightful ownership of the stock, pending
						a determination thereof by an appropriate tribunal or court of law, such family
						member as set forth in this section shall continue to be permitted to reside in
						the apartment.
(c) If the
						appropriate tribunal shall determine that someone other than such family member
						as set forth in this section is entitled to the ownership of the stock then,
						upon presentation of a court order or other valid evidence, such new owner
						shall be permitted solely to surrender the stock to the housing company for
						redemption pursuant to the applicable provisions of the Private Housing Finance
						Law. In such event, such family member as set forth in this section in
						occupancy shall be afforded a reasonable opportunity to purchase the stock from
						the housing company for the price as authorized pursuant to the statute and
						regulations.
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 1727 - Occupancy › Subpart 1727-8 - Succession Requirements › Section 1727-8.4 - Action by housing company and by the division

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a family member applies to the
						housing company for permission to remain in occupancy the housing company,
						within 30 days of receipt of the application, shall act upon the application by
						either requesting the division to approve the application or by denying the
						application and notifying the applicant family member in writing of its
						determination.
(b) In the event the
						housing company should deny such application the notice to the applicant shall
						set forth the specific reasons for the denial and a statement advising of the
						method to be followed to appeal the housing company's denial to the
						division.
(c) A family member
						applying to succeed to a lease, within 30 days of receipt of the written denial
						notice, may appeal to the Office of Legal Affairs of the division from such
						denial by the housing company, by sending the appeal to: Division of Housing
						and Community Renewal 641 Lexington Avenue, New York, N.Y. 10022 Attention:
						Office of Legal Affairs together with proof of service of a copy of such appeal
						upon the housing company. The appeal shall briefly set forth the reasons why
						the family member believes he or she is entitled to occupy the apartment and
						any errors or erroneous findings he or she believes are contained in the
						housing company's determination.
(d) Pending a determination by the division
						on the family member's appeal such family member may continue in
						occupancy.
(e) In the event such
						family member is found by the division to be ineligible to remain in occupancy
						then such family member shall vacate the dwelling unit or the housing company
						shall proceed to terminate such occupancy pursuant to Subpart 1727-5 of this
						Part.
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 1727 - Occupancy › Subpart 1727-8 - Succession Requirements › Section 1727-8.5 - Staff housing

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall not apply to staff housing
						  where employment at the facility is a primary requirement for
						  residency.
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 1727 - Occupancy › Subpart 1727-8 - Succession Requirements › Section 1727-8.6 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-1 - Budget/rent Determination Procedure › Section 1728-1.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is
						hereby declared to be the purpose of this Subpart to formulate a systematic and
						objective budget and rent determination procedure; to assure that all parties
						affected by that procedure are afforded participation in the administrative
						process through access to information and opportunity to comment thereon; to
						encourage and promote openness in the administrative proceeding; to combine the
						housing company budget procedure with the rent determination process; to assure
						funding for sound maintenance of the condition and facilities of
						State-supervised projects; to fulfill statutory obligations involving a
						balancing process which protects the interests of the tenants and cooperators,
						the housing companies, the bondholders and the people of the State of New York;
						and to uphold the public policy as expressed in the New York State Constitution
						and the Private Housing Finance Law.
(b) Budget preparation and rent
						determinations shall take place in accordance with the schedule prescribed in
						section 1728-1.2 of this Subpart. The
						housing company is not, however, precluded from making application for a rental
						adjustment at any other time, nor is the division limited in its authority,
						pursuant to law, to direct the making of such application or to issue an order
						of the division adjusting rents consistent therewith. The procedures and time
						periods prescribed in section
						1728-1.2 of this Subpart, except as
						otherwise prescribed by the division, shall, where applicable, govern such
						proceedings.
(c) Where necessary to
						carry out the policy of the Private Housing Finance Law and the policies of the
						Division of Housing and Community Renewal, the commissioner may modify any
						provision of this section or section
						1728-1.2 of this Subpart.
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 1728 - Budget And Fiscal › Subpart 1728-1 - Budget/rent Determination Procedure › Section 1728-1.3 - Computation of budget items

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) Housing companies
						are required to prepare budgets in accordance with schedules and accounting
						categories, and in formats, as specified by the division. In addition, to
						provide for the uniform calculation of certain items in companies' budgets, the
						division establishes standards and formulas for their computation and/or
						projection.
(2) The computation of
						certain major items of income and obligations is fixed by other means.
						Calculation of required debt service and debt service arrears is based on the
						debt service schedule(s) established pursuant to the terms of the mortgage(s).
						Other expense items, such as real estate taxes and water and sewer charges, are
						based on established rates and projections available from the municipality or
						other appropriate governmental entity.
(3) There are three basic categories of
						housing company income: rental income, subsidy income, and other income.
(i)
Rental income
consists
						of:
(a) the scheduled rents for all
						residential apartments;
(b) the
						scheduled rents based upon leases for commercial space and professional
						apartments; and
(c) the scheduled
						rents based upon a lease of the net number of rented parking spaces.
(ii)
Subsidy
						income
consists of subsidy payments paid to or on behalf of the
						housing company by the Federal, State or local government.
(iii)
Other income
consists
						of:
(a) charges for tenants' or cooperators'
						use of air conditioners and appliances; and
(b) surcharge income, interest income and
						miscellaneous income, which are projected based upon the prior year's
						experience unless, upon assessment by the division of changed conditions, an
						adjustment to such rate or amount is found to be warranted.
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 1728 - Budget And Fiscal › Subpart 1728-1 - Budget/rent Determination Procedure › Section 1728-1.4 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-1 - Budget/rent Determination Procedure › Section 1728-1.5 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-1 - Budget/rent Determination Procedure › Section 1728-1.6 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.1 - Books and records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each housing
						company shall keep its books and records in accordance with a chart of accounts
						as prescribed by the division, except those projects whose mortgages are
						federally insured by the Federal Housing Administration. Where mortgages are so
						insured, the books and records shall be kept in accordance with those
						requirements.
(b) Each housing
						company shall retain an independent certified public accountant. However, no
						accountant shall be engaged without prior written approval of the division. The
						request for approval shall state the audit procedure to be followed, the period
						of the engagement (ordinarily not more than one year) and the fee to be
						charged.
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 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.2 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each housing
						company shall file with the division, in a format prescribed by the division,
						an annual certified statement covering its fiscal year. Certified annual
						reports for all housing companies shall contain a review of, or statement on,
						internal controls. If directed by the division, quarterly unaudited financial
						statements shall be submitted for the other three quarters. Each such quarterly
						report shall be submitted over the signature of an authorized officer of the
						housing company, or the signature of the managing general partner if a
						partnership. Each annual financial statement shall be accompanied by a
						certificate of the housing company's independent certified public accountant
						and filed within 60 days after the close of its fiscal year.
(b) Each housing company shall file with the
						division such other reports as the division may require from time to
						time.
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 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.3 - Escrow funds and reserve funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						A bank account shall be opened in a local commercial bank insured by the
						Federal Deposit Insurance Corporation entitled as follows: "Name of company
						Operating Escrow Fund." A letter shall be obtained from the bank acknowledging
						its acceptance of the account, designating the exact name of the account and
						stating that deposits in the bank are insured by the Federal Deposit Insurance
						Corporation.
(b) Checks drawn on
						this account shall require the signature of one of several designated officers
						of the housing company and the counter signature of a duly authorized officer
						of the division. A certified copy of the housing company's resolution opening
						the bank account and a photocopy of the housing company's signature card filed
						with the bank, shall be submitted to the division.
(c) Into this account shall be deposited
						monthly "Escrow Funds" equal to one twelfth of the estimated annual charges for
						debt service, real estate taxes, water charges, sewer rents and insurance. The
						amount of the monthly deposit shall be determined by the division and shall be
						subject to periodic review.
(d)
						There shall be deposited monthly into the "Operating Escrow Fund Account" an
						amount to cover future painting and redecorating, contingencies, vacancies and
						collection losses and replacements. The amount of the monthly deposit shall be
						determined by the division and shall be subject to periodic review. The monies
						in this account shall be known as "Reserve Funds."
(e) All escrow, reserve funds and
						administrative funds not currently required, shall be invested. Such
						investments shall have the prior written approval of the division.
(f) Interest earned on all reserve fund
						investments shall be credited to the replacement reserve. Interest earned on
						escrow deposits representing debt service shall be credited to the escrow debt
						service account for such disposition as the division may decide. Interest
						earned on escrow fund investments excluding debt service investments shall be
						credited to operating income and may be employed for general corporate
						purposes.
(g) Reserve funds shall
						be applied and disbursed for such purposes and in such manner as the division
						may from time to time approve or direct.
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 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.4 - Operating funds

Current through Register Vol. 46, No. 28, July 10, 2024
A bank account shall be opened in a local bank insured
						  by the Federal Deposit Insurance Corporation entitled "Name of company
						  Administration Fund." Into this account shall be deposited all rent receipts
						  and other miscellaneous operating income. From this account shall be disbursed
						  all expenses for current operations.
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 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.5 - Payment of dividends, income debenture interest or return on equity

Current through Register Vol. 46, No. 28, July 10, 2024
No housing company shall pay any dividends on stock,
						  interest on income debentures or return on equity without the prior written
						  approval of the division. In no event shall approval be granted by the division
						  for an amount greater than the total of two years on any of the following in
						  any one fiscal year: dividends on stock; interest on income debentures; or
						  return on equity.
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 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.6 - Funds of the company

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise permitted by this Chapter, funds of
						  the housing company shall not be used for any purpose other than the ordinary
						  operation of the project, without the prior written approval of the division.
						  Corporate funds shall not be loaned or invested without the written approval of
						  the division; no loans or advances shall be made at any time to officers,
						  stockholders or employees.
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 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.7 - Salaries or fees to officers or directors

Current through Register Vol. 46, No. 28, July 10, 2024
No housing company shall pay any salaries or fees to
						  any officer or director, without the prior written approval of the
						  division.
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 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.8 - Distribution of rental surcharge income

Current through Register Vol. 46, No. 28, July 10, 2024
All surcharges imposed after June 30, 1981 shall be
						  applied to the expenses of operation and management.
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 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.9 - Reserves, sinking fund, net earnings and surplus accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
						otherwise permitted by the division, each housing company shall set aside out
						of earnings a reserve for painting and decorating in amounts approved by the
						division.
(b) Each housing company
						shall set aside reserves for replacement in the amount to be approved by the
						division.
(c) All reserves
						established out of earnings shall be segregated from earned surplus on the
						balance sheet. The equivalent in cash shall also be segregated from operating
						funds on the balance sheet, and shall be maintained in separate bank
						accounts.
(d) All reserve and
						administrative funds, of whatever nature, not required currently, shall be
						invested in such securities as are approved by the division.
(e) No housing company shall enter into any
						agreement modifying or extending the terms of any mortgage on a project, or
						make any prepayments on account of any such mortgage, without first obtaining
						the written consent of the division.
(f) Before setting up a sinking fund for the
						retirement of income debentures and stock, the corporation must obtain the
						prior written consent of the division.
(g) Surplus shall be disposed of only in
						accordance with the provisions of article IV of the Private Housing Finance
						Law.
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 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.10 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.11 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.20 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.21 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.22 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.23 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.26 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-2 - Accounting And Financial › Section 1728-2.27 - 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 IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purchases and
						contracts for materials and services will be limited to those items needed for
						project operation.
(b) All
						purchases and contracts will be awarded on the basis of competitive analysis
						and bidding to the fullest extent possible. Unless otherwise directed by the
						division, no less than three bidders must be solicited by the housing company.
						The housing company shall include minority- and women-owned businesses in the
						solicitation of bids for which they shall be given a full and fair opportunity
						to participate. The housing company shall make good faith efforts, in
						accordance with the regulations, to select such businesses in the award of
						contracts and subcontracts. Housing companies shall report annually on its
						utilization of minority- and women-owned businesses to DHCR.
(c) All purchases and contracts should be
						awarded to the lowest responsible bidder. Award to other than lowest
						responsible bidder must be supported and documented in files maintained by the
						housing company and shall be made available to the division on request. Where
						approval by the division is required for the purchase or contract, such
						documentation must be provided to the division at the time of submission for
						division approval of the purchase or contract.
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 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.2 - Purchases and contracts of less than $100,000

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior approval by the division is not
						required for purchases or contracts of less than $100,000. Documentation of
						analysis and bidding for such purchases or contracts required by section
						1728-4.1 of this Subpart shall be
						made available to the division on request.
(b) Any change in the scope, price, or time
						of completion shall be made by a change order detailing the change, indicating
						whether cost is affected and, if it is, the amount of increase or decrease.
						Documentation of change orders for such purchases or contracts shall be made
						available to the division on request. Division approval is required if such
						change order brings the total purchase or contract cost to $100,000 or
						more.
(c) Proof of progress
						payments supporting documentation evidencing the propriety of such payment,
						including sign offs by any design professional retained by the housing company,
						shall be made available to the division on request.
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 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.3 - Purchases and contracts of $1000,000 or more

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior approval by the division is
						required for purchases or contracts of $100,000 or more in accordance with the
						following:
(1) Notification of intent to
						solicit bids, on a form supplied by the division, together with a detailed
						preliminary description of the items to be purchased or work to be contracted
						and estimated costs will be provided to the division for review and approval no
						less than 30 days before the projected date of such solicitation.
(2) The housing company's recommendation for
						award of contract will be forwarded to the division for review and approval
						prior to award, together with:
(i) a listing
						of all bidders solicited;
(ii) a
						tabulation of all bids received;
(iii) copies of all bids received;
						and
(iv) a certification by each
						bidder on a form prescribed by the division, which discloses whether any board
						member, general partner, officer or employee of the housing company, and/or
						principal or employee of the managing agent, has or have a direct or indirect
						interest in the bidder or in the compensation to be received by the bidder
						pursuant to the proposed contract, and the nature of that interest and a
						questionnaire regarding prior experience and performance. Failure to accurately
						and fully complete this certification and the questionnaire may result in such
						penalties as are provided by law, result in the rejection of the bid, or
						termination of any contract and may be taken into consideration by the division
						in evaluating any future bid by such bidders.
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 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.4 - Occasional and continuing contracts and purchases

Current through Register Vol. 46, No. 28, July 10, 2024
Any purchases, commitments, and contracts for
						  occasional and continuing requirements which, based on the projections for the
						  period of the most recently approved budget would result in an average annual
						  expenditure of $100,000 or more, must comply with section
						  1728-4.3 of this Subpart unless
						  otherwise approved by the division.
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 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.5 - Professional service contracts for architects, engineers, landscape architects, and environmental consultants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the professional fee is anticipated
						to be $25,000 or more, the consultant must be solicited through a request for
						proposals. Such request for proposals shall be supported by documentation which
						describes the scope of services to be provided, the funding source,
						solicitation methodology, and listing of the professional firms that will be
						solicited. Any resulting contract is subject to prior approval by the division.
						Subsequent to award, any change in the scope or price of the professional fee
						is subject to approval by the division.
(b) Where the professional fee is not
						anticipated to exceed $25,000 a request for proposals is not required.
						Documentation describing the process of consultant selection shall be
						maintained on file by the housing company and shall be made available to the
						division upon request of the division. Subsequent to award, any change in price
						which will increase the professional fee to more than $25,000 subject to
						approval by the division.
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 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.6 - Contract documents

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the value of the purchase or contract,
						  where any work involves the integrity of the building structure, building
						  system, or site component, contract documents including plans or specifications
						  for such work must be prepared by a licensed and currently registered engineer,
						  architect, and landscape architect specializing in the field for such work.
						  Such contract documents must be reviewed by the division prior to the execution
						  of any purchase or contract by the housing company.
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 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.7 - Identity of interest

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of this Chapter,
						  any contract, purchase, or commitment which involves an identity of interest
						  under sections 1725-6.1 or
						  1725-1.4 of Title requires prior
						  division approval of the contract and solicitation of
						  bidders.
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 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.8 - Commitments in need of further supervision

Current through Register Vol. 46, No. 28, July 10, 2024
Where the division determines that a specific contract,
						  purchase, or commitment, or category of purchase, contract, progress payment,
						  or commitment requires additional supervision, the division may order that a
						  housing company follow alternative procedures for review and approval than
						  otherwise required by this Subpart.
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 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.9 - Refinancing and preservation transactions

Current through Register Vol. 46, No. 28, July 10, 2024
Where a housing company refinances pursuant to Part
						  1760 of this Title with a private lender that has its own procedures and
						  safeguards to assure appropriate use of its funds with respect to any
						  improvements it is funding, the division may upon written agreement with the
						  lender modify the applicability of procedures pursuant to the Subpart in light
						  of such supervision. Where a housing company participates in a preservation
						  transaction pursuant to Part 1760 of this Title involving supervision of
						  contracts, commitments, purchases, or other matters through another set of
						  governmental procedures, the division may by written agreement modify the
						  applicability of its procedures pursuant to the requirements of this Chapter in
						  light of such supervision.
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 1728 - Budget And Fiscal › Subpart 1728-4 - Purchases And Contracts › Section 1728-4.10 - Grant contracts

Current through Register Vol. 46, No. 28, July 10, 2024
Where a contract, purchase or commitment is funded in
						  whole or in part by a grant administered by the division, notwithstanding any
						  provision of this Chapter, it must be bid, approved and reviewed by the
						  division in accordance with any requirements set forth in the grant
						  documents.
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 1728 - Budget And Fiscal › Subpart 1728-5 - Inventory Control › Section 1728-5.1 - Inventory control

Current through Register Vol. 46, No. 28, July 10, 2024
Inventory records will be maintained for appliances,
						  office and maintenance equipment, tools and similar project property of a
						  nonexpendable nature having a unit cost of $500 or more.
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 1728 - Budget And Fiscal › Subpart 1728-6 - Disposal Of Excess Equipment And Supplies › Section 1728-6.1 - Disposal of excess equipment and supplies

Current through Register Vol. 46, No. 28, July 10, 2024
Equipment and supplies which are no longer needed or
						  useful to the housing company should be disposed of as quickly as
						  possible.
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 1729-1.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A housing
						company may either utilize the services of a managing agent or employ housing
						company personnel to manage the housing development.
(b) Where the division determines that there
						is a need for increased management capacity and/or to improve the efficiency of
						housing company operations, the housing company may be required by the division
						to employ the services of a managing agent or additional staff with specific
						expertise.
(c) No later than
						January 1st of each calendar year, the housing company shall provide the
						division with a contact person's name, telephone number, fax number, e-mail
						address, and mailing address for each such housing company. Any change to this
						information during the course of the subsequent year must be provided to the
						division in writing within 10 calendar days of such change.
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 1729-1.3 - Self-managed housing companies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						The division may at any time request that a self-managed housing company submit
						the following for division review:
(1) the
						names, titles, job descriptions, qualifications of the staff who will manage
						the project and the prospective salaries of those staff who are paid directly
						in whole or in part with housing company funds;
(2) the site manager's certification by an
						organization which certifies property managers;
(3) an organization plan to set forth lines
						of responsibility and authority;
(4) an operational plan to administer
						functions which include marketing (selling or renting), physical maintenance,
						financial administration, resident relations and general
						administration;
(5) an affirmative
						action plan to ensure that employees are recruited, selected and retained in
						such a manner as to ensure equal employment opportunities and to require the
						housing company to make all reasonable efforts to solicit bids from minority-
						and women-owned business enterprises, for services and/or purchases to be
						contracted for on behalf of the housing company and to make certain such bids
						receive full and fair consideration;
(6) a representation to comply with the
						Private Housing Finance Law and Part 1700 of this Title.
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 1729-1.4 - Identity of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior
						disclosure must be made to the board of directors or the managing general
						partner, as the case may be, and to the division by managing agents, their
						employees, affiliated companies of the managing agent and housing company
						management personnel of self-managed housing companies having a direct or
						indirect interest in any business which proposes to participate at any stage of
						a transaction which may lead to the providing of materials or services to the
						housing company.
(b) Upon such
						disclosure by an individual or entity listed in subdivision (a) of this
						section, the housing company, prior to the solicitation of bids, must submit a
						plan to the division for approval which:
(1)
						identifies the individual or entity involved who has a direct or indirect
						interest, their business address and the nature of that interest;
(2) provides an appropriate mechanism to
						assure that all bids will be solicited and evaluated fairly; and
(3) is designed to enable the housing
						company, in the event of an award to such a business, to adequately monitor the
						performance of the contract or transaction. If the housing company does not
						intend to solicit bids, it must establish to the division that unique
						circumstances or emergency conditions render the use of a bidding procedure
						impracticable or inappropriate.
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 1730 - Insurance › Subpart 1730-1 - General › Section 1730-1.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
						outlines the insurance requirements of the division with respect to housing
						companies constructed under the limited profit and limited dividend housing
						programs. The housing company is responsible for having State-aided housing
						companies adequately covered at all times by necessary insurance and bonds, in
						accordance with the requirements set forth herein.
(b) The insurance coverages listed are
						intended to provide adequate protection against hazards. Exposures that
						develop, aside from those herein contemplated, shall be treated as they arise.
						Adequate protection must be maintained at all times.