DHCR Moves

The State Division of Housing and Community Renewal is moving its Bronx borough office from Halsey Street to 1 Fordham Plaza, 4th floor, on September 1st. September 1st is also the date when new RA-79 forms will be required for Major Capitol Improvement rent increase applications.

A new Midtown East rezoning plan was issued Monday, continuing a push begun by former Mayor Bloomberg to preserve,  update and expand the office area. Under the proposal, according to the Planning Department, projected development in the 78 block area over the next 20 years would change from 163 apartments and 6.8 million square feet of office space to 119 apartments and 13.4 million square feet of office space.

An analysis of benchmarking reports for 2010-2013, released Wednesday, showed a 5 percent reduction in multifamily energy use vs. 11 percent for commercial buildings…not adjusting for reductions in use due to Hurricane Sandy. As noted in prior studies, older multifamily buildings, thru the 1930s, used less energy and buildings from the 1970s were the worst energy hogs.

Governor Cuomo, Monday, designated 12 new Brownfield Opportunity Areas around the State, including 462 acres in the Cypress Hills/East New York area of Brooklyn, where there will be incentives for housing development.

In a move with implications for local neighborhood preferences in affordable housing in New York, HUD has rejected local preferences under a San Franciso city ordinance. The theory is that local preferences benefit whatever race is prevalent in the neighborhood already, and discourage integration.

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421-a Take Two

Governor Cuomo, Tuesday night, offered a brief outline of a proposed new 421-a plan that would require projects with more than 300 units in Manhattan below 96th Street or on the East River in Queens and Brooklyn to pay construction workers $65 an hour or $50 an hour in wages and benefits, respectively. The State would pick up $15 an hour of the labor cost from unspecified funds and the projects would have to have 25-30% affordable units on some unspecified basis.

Tenant screening services would have to be licensed by the City and would have to provide full details of parties, complaints, and dispositions of any Housing Court histories reported under a bill introduced in the City Council this week. The idea is to prevent owners from just seeing that the prospect was involved in a Housing Court action without context. The level of detail required, however, would probably preclude screening agencies from collecting the information economically.

New construction has kept median rent levels almost flat in Manhattan and Brooklyn from July to July and down in  Queens, according to the latest Elliman Rental Report released Monday. Significantly, the percentage of vacancy leases with concessions has doubled since last summer.

The City has launched a 2-5 year effort to require zoned commercial carting franchises, citing environmental reasons; but some question whether it will have the desired benefits or merely increase union involvement and costs.

The City Council, Tuesday, rejected the first affordable housing project it has considered under the Mandatory Inclusionary Housing rezoning adopted last Spring. The building in Inwood was opposed by neighborhood residents. Although the idea behind the Mandatory Inclusionary Housing plan was to create a general framework for affordable housing, the Council Speaker was quoted as saying “Every project in every district is different.”

The City Planning Commission ruled Monday that the MIH requirements did not apply to a proposed building project in Chelsea, but the Manhattan Borough President is forcing the City Council to review the decision, reinforcing concerns that the Council will micro-manage every application.

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More Violations

Sanitation violations increased from 368,577 in fiscal 2014 to 417,252 in the first eleven months of fiscal 2016, according to an analysis in the NY Post.

The Mayor’s Mandatory Inclusionary Zoning program faces another test, Monday, when the planning commission has to decide if shifting air rights among adjacent properties adds residential floor space–triggering an affordable housing requirement–or is simply a “rejiggering.” Activists want to require affordable  units, but planners and lawyers worry that a too strict ruling could raise constitutional questions about the City law.

Meanwhile, the Mayor’s affordable housing plans keep hitting project by project opposition in the City Council depending on whose ox, or district, is being gored.

And the Governor is now saying that there is no hurry to allocate the $2 billion affordable housing fund created in the State budget this year to specific projects or programs, because no one is going to be spending the money any time soon anyway.

Also on the affordable housing front, Eric Enderlin will replace Gary Rodney as president of the City Housing Development Corporation; and the City Economic Development Corporation announced a $10 million Emerging Developer Loan Fund to provide pre-development and mezzanine financing to small project developers.

Donald Trump told the Mid-Year meeting of the National Association of Home Builders yesterday that  “Twenty-five percent of the cost of a home is due to regulation. I think we should get that down to about 2%.” A day earlier, Clinton representative Gene Sperling, told Home Builders about her support for expanding the Low Income Housing Tax Credit and incentives for local zoning that would permit more development.

ABO members can get free tickets to the next National Home Builders meeting and International Builders Show January 10-12 in Orlando if they register this month, along with discounts on educational programs. Prices go up September 1st.

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The Gowanus, Like Venice, Only Different

Gowanus is now on the City’s radar for higher density residential zoning. Planning meetings begin this month, but property prices may already be moving up.

You think your plumber is expensive? While the City promotes prevailing wages on affordable housing, the Post reports that eight union plumbers for the New York City Housing Authority are clocking more than $300,000 a year with overtime.

A Civil Court Judge has granted an owner discovery of Verizon cell tower information in a non-primary residence case where a wife claims she lives in a city apartment while her husband lives in their Westchester home. The court acknowledged that “The cell phone towers will serve to identify Respondent’s location to some extent when using her cell phone. ”

DOB Now, the new online filing system at the Department of Buildings, launched Wednesday for plumbing and sprinkler jobs. Commissioner Rick Chandler announced that other job types, such as facades and new buildings, will be phased in over the next two years and that by 2018 electronic filing will be mandatory for all job types. He advised owners, architects, and contractors to get familiar with the system.

ABO members can get free tickets to the International Builders Show January 10-12 in Orlando if they register this month, along with discounts on educational programs. Prices go up September 1st.

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Permit Bust

New Building Permits were issued for only about 5400 residential units in the first half of 2016, down 87% from last year, according to a report issued yesterday by the NY Building Congress. The rush to beat the 421a expiration deadline last year and subsequent failure of the Legislature to renew the program are blamed.

That didn’t stop the de Blasio administration this week from touting the success of his affordable housing program in funding 24,000 new or preservation units in fiscal 2016 (ending June 30th). About one third of the 17,000 units “preserved” are at Stuyvesant Town and Riverton Houses, which were in no danger of being lost and are simply being subsidized to keep rents below market.

The effects of the 421a construction boom are also being felt in record numbers of stop work orders, as the Department of Buildings cracks down.

And the Manhattan District Attorney, Tuesday, announced indictments of a building owner, property manager, and contractor for reckless endangerment and other charges related to the rehab of an occupied building in east Harlem.

Taxes are still a problem for existing housing, as shown by a study of tax lien sales issued yesterday by the Furman Center. Between 2010 and 2015, Brooklyn Community District 3 (Bedford Stuyvesant) had the greatest number of residential units in buildings with a lien sale (1,663), Manhattan Community District 10 (Central Harlem) had the second highest number (1,319). Only 42% of properties that had liens sold in 2010 seem to be completely paid off or settled on the record so far.

Once again at a national convention this week the presidential candidates were silent on housing but the party platform proposed action. The Democratic platform calls for incentives to local governments to remove barriers to housing construction and increased funding for the National Housing Trust Fund and the Section 8 Voucher Program.

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Mayor Pushes Unions

Before leaving for Italy on vacation, Mayor de Blasio signed an executive order requiring that any project over 100,000 sq. ft. or 100 residential units receiving City financial assistance accept a “labor peace agreement” covering any retail and food service workers. The agreement would require the property owner or retailer to remain neutral on organizing efforts while the union would be barred from picketing or work stoppages.

In response to water pollution problems in upstate Hoosick Falls, Governor Cuomo yesterday signed legislation creating a new three year window for damage claims after a superfund site designation, creating new risks for developers hoping to clean them up.

Brooklyn investment sales were down from 2015 peaks in the first half of 2016, but development site sales tanked 44% after the expiration of 421a, according to a report by TerraCRG

The Economic Development Corporation and HPD are looking for expressions of interest in developing a 158,000 sq. ft. site “along the scenic Harlem River” in the Bronx.

Before all the speeches at the Republican Convention this week, the party adopted its 2016 Platform. It calls for eliminating any taxpayer liability for Freddie Mac, Fannie Mae and FHA loans, and eliminating lending quotas to any groups; and ending the government’s use of disparate impact theory in enforcing anti-discrimination laws.  It also calls for an end to federal efforts to influence local zoning under the Affirmatively Furthering Fair Housing program. Criticizing the Dodd-Frank bill, it suggests reduced funding for the Consumer Financial Protection Bureau.

As CHIP notified you earlier today, The State Department of Health has issued new regulations requiring electronic registration of cooling towers and quarterly reporting of legionella testing results. Owners have to have obtained or updated maintenance plans conforming to ASHRAE standards by September 1st. The new regulations indicate that information collected by the State will be shared with local governments, but New York City’s separate cooling tower registration, inspection and recordkeeping requirements remain in effect.

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New Energy Code, Lost Housing Opportunities

The City Council, yesterday, gave final approval to a new Energy Code, which will be effective October 3rd.

The U.S. Senate last night approved H.R. 3700, the Housing Opportunities Through Modernization Act, already approved by the House, which makes several changes to the Section 8 program supported by the housing industry. Voucher tenants will be able to move immediately into apartments that have been inspected within the past two years, without waiting for a new inspection. Voucher holders in areas where Fair Market Rents are reduced will be continued at current subsidy levels while they remain in the unit–which could be critical in New York if HUD moves to zip code level FMRs as proposed. And project based funding contracts can be for 20 years instead of 15, in order to conform to Low Income Housing Tax Credit terms.

It wasn’t that good a week for affordable housing in New York City, however, as Alma Realty announced it would suspend construction of 1700 units at Astoria Cove because of the expiration of the 421a program. The Durst organization had previously suspended a neighboring project for the same reason.

On the process of moving, as Sky Van Lines reports mentioned hiring full-service movers will save you time. With them, you don’t have to take a break at work or spend your precious weekend packing. More so, the speed at which you’ll transport those materials will not be as fast as if it were to be done by a professional full-service mover. You may also want to hire reliable sydney removalists with the right  knowledge, skill, and equipment to help you efficiently move to your new place.

And City Councilman Jimmy Van Bramer appears to be blocking 209 affordable units proposed to replace 230 parking spaces in Sunnyside, for the usual NIMBY reasons.

Maybe there are more opportunities underground. The de Blasio administration gave the first of what will need to be a series of approvals to developers of the “Lowline,” an underground park planned for an old trolley terminal underneath Delancey Street. The plan is simular to one that developers used to increase property value for condos surrounding the best bars in minneapolis, which are in a semi underground plaza. If all goes as planned the developers claim the attraction will add $10-20 million to neighboring property values, but presumably not for the views.

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Freezing in July

The Rent Stabilization Association, yesterday, brought the first of what could be several suits against the rent freeze voted last month by the New York City Rent Guidelines Board.

Rent freezes were also adopted in Rockland County, which approved 0% increases on both one and two year lease renewals, and Westchester County, which decided on 0% and .5%. Nassau voted .5% and 1% for one and two year renewals.

Major Capital Improvement rent increases are still available, but the forms are changing. DHCR yesterday issued a new RA 79 form and instructions. The new forms will be required for all applications after September 1st.

NY Attorney General Eric Schneiderman has created yet another department to look for tenant harassment, apparently believing that HPD’s Litigation Bureau, DHCR’s Enforcement Unit, DHCR’s Tenant Protection Unit, his own Real Estate Finance Unit, and a  City-State multi-agency Tenant Harassment Prevention Task Force (in which he participates) are missing something.

ABO, the National Association of Home Builders, and other national apartment owner organizations are urging members to contact Sen. Chuck Schumer and other Senators in support of S3083, the Housing Opportunity Through Modernization Act. Among other changes, it would allow Section 8 Voucher tenants to move into units inspected within the past two years immediately rather than wait for a new inspection. The House passed the bill and it has bipartisan support, but Congress is expected to adjourn soon so immediate action is necessary.

NYCHA has issued RFPs for new housing developments on the sites of upper East Side and Boerum Hill public housing projects. The new construction would be expected to be 50% affordable.

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Commercial Harassment Even More Illegal

The City Council, Tuesday, voted to create a new  private right of action against property owners for harassment of commercial tenants, citing lockouts, threats of force, and failure to provide “essential services” — defined as any services required to be provided by lease terms or law–as examples. Upon a finding of harassment, a court can levy a civil penalty of $1,000 to $10,000 as well as provide compensatory and punitive damages to the tenant.

Also, Tuesday, the Council  voted to require that all single-occupant bathrooms in public accommodations, with limited exceptions, be gender neutral by January 1, 2017. The law will basically affect signage in existing buildings, and will not require any new facilities.

A State Supreme Court Judge this week threw out the Mayor’s proposed single family home water bill credit, agreeing with Prometheus Realty and the Rent Stabilization Association that the Water Board had been arbitrary and capricious by raising rates overall and then planning to give credits to just one kind of property owner. The Court ordered the credit and rate hike annulled, but the City has filed notice of appeal.

The industry didn’t do so well in another case. A Supreme Court judge threw out REBNY’s challenge to the two year moratorium on converting hotels to apartments, apparently deciding that REBNY did not have standing to sue.

Want to fly? The FAA has issued long awaited rules for the use of commercial drones, but don’t launch any from New York City yet. Commercial drone flights are banned within five miles of an airport, over people, or over 400 feet.

DHCR has announced that it will publish new rules and procedures for filing Freedom of Information Law requests this Monday, June 27th, effective the same day.

The Rent Guidelines Board will vote on 2016-17 stabilized guidelines at a public meeting this Monday, beginning at 6:30 p.m. in the Great Hall at Cooper Union, 7 East 7th Street.

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Taxes Up Again

The real property tax levy will go up 4.8% in fiscal 2017 under the City budget approved this week.

Mayor de Blasio announced yesterday that the former owner of a six-unit Bronx building had been arrested and jailed for failing to repay funds improperly collected from tenants when the building was being managed by a 7-A Administrator.

Residential building permits issued through May are about 1/7th the number issued last year when 421a tax benefits were still available–2,700 units vs. 20,700–and the State Legislature is expected to end its session today without approving any new incentives.

Among the other things Albany could not accomplish was to reach agreement on how to spend $2 billion set aside in the State budget for affordable housing. Early this morning there was a report that $150 million would be allocated for supportive housing programs, but nothing else. One theory is that many of the past and likely future recipients of State housing funds are under investigation by federal authorities for their ties to the Governor; and another is that Gov. Cuomo doesn’t want money funneled to NYCHA for improvements for which the Mayor might get credit.

HUD, yesterday, issued a proposed rule to implement zip code-specific Fair Market Rents for Housing Vouchers in New York City and about 30 other metropolitan areas. Comments are due by August 15th. The idea is to give more voucher tenants a choice to move to better neighborhoods. The effect would be to increase FMRs in the city’s wealthiest neighborhoods by up to 50% and cut them by as much as 50% in the poorest. The change would only apply to new leases during a three year transition period.

CHIP and ABO members can get a national political briefing on this and other issues Tuesday afternoon from the chief lobbyist of the National Association of Homebuilders. Click here for information.

The Rent Guidelines Board will hold its main Manhattan hearing Monday from 2-8 p.m. at the Great Hall at Cooper Union, 7 East 7th Street. Make your voice heard.

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