New York City Council Header
File #: Res 0134-2018    Version: * Name: LU 11- Planning, 9 Fort Washington Avenue Cluster, Manhattan (20185162 HAM)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 1/31/2018
Enactment date: Law number:
Title: Resolution approving an Urban Development Action Area Project pursuant to Article 16 of the General Municipal Law and a real property tax exemption pursuant to Article XI of the Private Housing Finance Law for property located at 9 Fort Washington Avenue (Block 2136, Lot 47), 518 West 161st Street (Block 2119, Lot 28), 544-46 West 163rd Street (Block 2122, Lot 142), and 609 West 158th Street (Block 2136, Lot 5), Borough of Manhattan; and waiving the urban development action area designation requirement and the Uniform Land Use Review Procedure, Community District 12, Borough of Manhattan (L.U. No. 11; 20185162 HAM).
Sponsors: Rafael Salamanca, Jr., Francisco P. Moya
Council Member Sponsors: 2
Attachments: 1. January 16, 2018 - Stated Meeting Agenda with Links to Files, 2. Hearing Transcript - Stated Meeting 1-16-18, 3. Land Use Calendar - Week of January 22, 2018 - January 26, 2018, 4. Land Use Calendar - January 25, 2018, 5. Committee Report, 6. Project Summary, 7. Hearing Transcript - Stated Meeting 1-31-18, 8. January 31, 2018 - Stated Meeting Agenda, 9. Minutes of the Stated Meeting - January 31, 2018

THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 134

 

Resolution approving an Urban Development Action Area Project pursuant to Article 16 of the General Municipal Law and a real property tax exemption pursuant to Article XI of the Private Housing Finance Law for property located at 9 Fort Washington Avenue (Block 2136, Lot 47), 518 West 161st Street (Block 2119, Lot 28), 544-46 West 163rd Street (Block 2122, Lot 142), and 609 West 158th Street (Block 2136, Lot 5), Borough of Manhattan; and waiving the urban development action area designation requirement and the Uniform Land Use Review Procedure, Community District 12, Borough of Manhattan (L.U. No. 11; 20185162 HAM).

 

By Council Members Salamanca and Kallos

 

                                          WHEREAS, the New York City Department of Housing Preservation and Development ("HPD") submitted to the Council on January 8, 2018 its request dated December 1, 2017 that the Council take the following actions regarding the proposed Urban Development Action Area Project (the "Project") located at 9 Fort Washington Avenue (Block 2136, Lot 47), 518 West 161st Street (Block 2119, Lot 28), 544-46 West 163rd Street (Block 2122, Lot 142), and 609 West 158th Street (Block 2136, Lot 5), Community District 12, Borough of Manhattan (the "Disposition Area"):

 

                        1.                     Find that the present status of the Disposition Area tends to impair or arrest the sound growth and development of the municipality and that the proposed Urban Development Action Area Project is consistent with the policy and purposes stated in Section 691 of the General Municipal Law;

 

                        2.                     Waive the area designation requirement of Section 693 of the General Municipal Law pursuant to said Section;

 

                        3.                     Waive the requirements of Sections 197-c and 197-d of the New York City Charter pursuant to Section 694 of the General Municipal Law;

 

                        4.                     Approve the Project as an Urban Development Action Area Project pursuant to Section 694 of the General Municipal Law; and

 

                     5.                     Approve the exemption of the project from real property taxes pursuant to Section 577 of Article XI of the Private Housing Finance Law.

 

                           WHEREAS, the Project is to be developed on land that is an eligible area as defined in Section 692 of the General Municipal Law, consists solely of the rehabilitation or conservation of existing private or multiple dwellings or the construction of one to four unit dwellings, and does not require any change in land use permitted under the New York City Zoning Resolution;

 

                           WHEREAS, upon due notice, the Council held a public hearing on the Project on January 23, 2018;

                      

WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the Project;

 

RESOLVED:

 

                           The Council finds that the present status of the Disposition Area tends to impair or arrest the sound growth and development of the City of New York and that a designation of the Project as an Urban Development Action Area Project is consistent with the policy and purposes stated in Section 691 of the General Municipal Law.

 

                           The Council waives the area designation requirement pursuant to Section 693 of the General Municipal Law.

 

The Council waives the requirements of Sections 197-c and 197-d of the New York City Charter pursuant to Section 694 of the General Municipal Law.

 

                           The Council approves the Project as an Urban Development Action Area Project pursuant to Section 694 of the General Municipal Law.

 

                           The Project shall be developed in a manner consistent with the Project Summary that HPD has submitted to the Council on January 8, 2018, a copy of which is attached hereto.

 

                                          Pursuant to Section 577 of Article XI of the Private Housing Finance Law, the Council approves an exemption of the Disposition Area from real property taxes as follows:

 

a.                     All of the value of the property in the Disposition Area, including both the land and any improvements (excluding those portions, if any, devoted to business or commercial use), shall be exempt from real property taxation, other than assessments for local improvements, for a period commencing upon the later of (i) the date of conveyance of the Disposition Area to the Sponsor, or (ii) the date that HPD and the Sponsor enter into a regulatory agreement governing the operation of the Disposition Area (“Effective Date”) and terminating upon the earlier to occur of (i) a date which is forty (40) years from the Effective Date, (ii) the date of the expiration or termination of the regulatory agreement between HPD and the Sponsor, or (iii) the date upon which the Disposition Area ceases to be owned by either a housing development fund company or an entity wholly controlled by a housing development fund company (“Expiration Date”).

 

b.                     Notwithstanding any provision hereof to the contrary, the exemption from real property taxation provided hereunder ("Exemption") shall terminate if HPD determines at any time that (i) the Disposition Area is not being operated in accordance with the requirements of Article XI of the Private Housing Finance Law, (ii) the Disposition Area is not being operated in accordance with the requirements of the regulatory agreement between HPD and the Sponsor, (iii) the Disposition Area is not being operated in accordance with the requirements of any other agreement with, or for the benefit of, the City of New York, or (iv) the demolition of any private or multiple dwelling on the Disposition Area has commenced without the prior written consent of HPD.  HPD shall deliver written notice of any such determination to the owner of the Disposition Area and all mortgagees of record, which notice shall provide for an opportunity to cure of not less than sixty (60) days.  If the noncompliance specified in such notice is not cured within the time period specified herein, the Exemption shall prospectively terminate.

 

c.                     In consideration of the Exemption, the Sponsor and any future owner of the Disposition Area, for so long as the Exemption shall remain in effect, shall waive the benefits, if any, of any additional or concurrent exemption from or abatement of real property taxation which may be authorized under any existing or future local, state or federal law, rule or regulation.

 

 

Adopted.

 

                           Office of the City Clerk, }

                           The City of New York,  } ss.:

 

                                                   I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on January 31, 2018, on file in this office.

 

 

 

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      City Clerk, Clerk of The Council