New York City Council Header
File #: Int 1783-2019    Version: Name: Excluding cooperatives from the housing portal.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Housing and Buildings
On agenda: 10/30/2019
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to excluding cooperatives from the housing portal
Sponsors: Mark Levine, Ben Kallos, Robert E. Cornegy, Jr., Helen K. Rosenthal, Carlina Rivera , Ydanis A. Rodriguez, Andrew Cohen, Margaret S. Chin, Kalman Yeger , Farah N. Louis
Council Member Sponsors: 10
Summary: This bill would amend Local Law 64 for the year 2018 so that certain dwelling units in buildings owned in the cooperative form of ownership are exempt from the requirements of the housing portal.
Attachments: 1. Summary of Int. No. 1783-A, 2. Summary of Int. No. 1783, 3. Int. No. 1783, 4. October 30, 2019 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 10-30-19, 6. Minutes of the Stated Meeting - October 30, 2019, 7. Proposed Int. No. 1783-A - 11/7/19, 8. Committee Report 1/13/20, 9. Hearing Testimony 1/13/20, 10. Hearing Transcript 1/13/20, 11. Proposed Int. No. 1783-A - 6/22/20

Proposed Int. No. 1783-A

 

By Council Members Levine, Kallos, Cornegy, Rosenthal, Rivera, Rodriguez, Cohen, Chin, Yeger and Louis

 

A Local Law to amend the administrative code of the city of New York, in relation to excluding cooperatives from the housing portal

 

Be it enacted by the Council as follows:

 

Section 1. The definition of “affordable unit” in section 26-1801 of the administrative code of the city of New York, as amended by a local law for the year 2020 amending the administrative code of the city of New York, in relation to modifications to the department of housing preservation and development housing portal, as proposed in introduction number 1757-a is amended to read as follows:

Affordable unit. The term “affordable unit” means a dwelling unit (i) for which occupancy or initial occupancy is required to be restricted based on the income of the occupant or prospective occupant thereof as a condition of (A) a loan, grant, tax exemption or conveyance of property from the department pursuant to the private housing finance law, other than article viii-b of such law, or the general municipal law, (B) a tax exemption pursuant to section 420-c, 421-a or 489 of the real property tax law or (C) generating a floor area bonus for the provision of affordable inclusionary housing or providing mandatory inclusionary housing pursuant to the New York city zoning resolution, (ii) that is not (A) subject to federal or state requirements the department determines would be inconsistent with the provisions of this chapter, [or] (B) filled by direct referral by a governmental agency or instrumentality, or (C) owned in the form of shares in a cooperative corporation that is incorporated pursuant to article ii, iv, v or xi of the private housing finance law, and (iii) that such dwelling unit satisfies the additional conditions of paragraph 1 and 2:

1. Before July 1, 2021, such unit satisfies the conditions of subparagraph (a) or, on or after such date, such unit satisfies the conditions of subparagraph (a) or subparagraph (b):

(a) The issuance or renewal of such loan, grant or tax exemption, conveyance of such property or generation of such floor area bonus or effective date of such mandatory inclusionary housing requirement occurs or is executed or renewed, as determined by the department, on or after January 1, 2018, unless such unit is in an existing building that (i) contains ten or fewer dwelling units, (ii) is subject to a preservation agreement, and (iii) is the only residential property in which the owner of such building has an ownership interest, other than such owner’s primary residence.

(b) For the purposes of a requirement imposed pursuant to this chapter, such unit is deemed to have satisfied the conditions of this paragraph unless (i) such unit is subject to a regulatory agreement with the department, such agreement that was executed before January 1, 2018 and has not been thereafter renewed and the department determines that such agreement is inconsistent with such requirement or (ii) such unit is in a building (A) constructed prior to January 1, 2018, (B) containing ten or fewer dwelling units, (C) subject to a regulatory agreement that has not been renewed on or after January 1, 2018, and (D) that is the only residential property in which the owner has an ownership interest other than such owner’s primary residence; provided that, where the department determines that one or more dwelling units are exempt from one or more requirements imposed pursuant to this chapter because of a regulatory agreement that satisfies the conditions of clause i of this subparagraph, the department shall electronically submit each year to the mayor and the speaker of the council a report identifying the number of such units, disaggregated by the affordable housing program to which such agreements apply; and

2. On or after July 1, 2020, such unit is offered for lease or sale, or shares of a cooperative corporation that would entitle the shareholder to occupancy of such unit under a proprietary lease are offered for sale, provided that such unit (i) is not set to be filled from a waiting list, (ii) is not being offered to a current tenant, owner, or shareholder as a part of an internal transfer, or (iii) is not being offered to a current tenant, owner, or shareholder during conversion of a building or project from rental to ownership or from ownership to rental.

 § 2. This local law takes effect on the same date as a local law amending the administrative code of the city of New York, relating to modifications to the department of housing preservation and development housing portal, as proposed in introduction number 1757-a for the year 2019, takes effect.

AS

LS #11717, 11850

3/13/20, 4:07 pm