N.Y. Comp. Codes R. & Regs. tit. 9 § 1750.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1750.3 - Notice of intent

(a) A company or housing company intending to dissolve pursuant to either section 35 (2) or 96 (1) of the Private Housing Finance Law, shall no earlier than 365 days prior to the anticipated date of dissolution, serve a notice of such intention ("Notice of Intent") (without the supporting documents) to the parties and in the manner set forth in section 1750.4 of this Part for service of the notice of public meeting, and shall submit a notice of intent in triplicate to the division, to the attention of the Deputy Commissioner for Housing Operations. The notice shall state that the notice of intent and all supporting documents, except for rent rolls and rent registrations which contain information protected by a right of privacy, are available for inspection by the tenants on request at a location at or near the premises.

(b) Contents of notice of intent. The notice of intent shall contain the following information and supporting documents:

(1) name, address(es) and project number of the housing development, including section(s), block(s) and lot(s);

(2) name and business address of the beneficial and the legal owner(s) of record;

(3) name and business address of the housing company, if different from the legal owner of record;

(4) the following rental data information for each apartment in the housing development, by apartment:

(i) name of tenant or shareholder;

(ii) base monthly rent or maintenance charge, with indication of what utilities and services are included, if any;

(iii) complete rental history for existing tenants including the expiration date of lease or occupancy agreement; if none exists then the anniversary date of tenancy or occupancy; if current tenant does not have a three-year lease or occupancy agreement, an affidavit shall be submitted explaining in detail the reasons therefor;

(iv) name(s) of resident(s) if different from principal tenant or shareholder;

(v) special charges or assessments including surcharges, garage or parking charges and appliance charges, separately listed;

(vi) rental subsidy payments or credits, and sources thereof;

(vii) amount and depository for security deposits;

(5) mortgagees, name(s) and address(es);

(6) mortgage balance(s) and payment schedule(s);

(7) certificate of occupancy or other proof of date of initial occupancy of the development;

(8) complete report of title search and certified or conformed copy of the deed;

(9) municipal inspection report which contains a list of any current outstanding municipal violations and citations; and proof of satisfaction thereof;

(10) copy of enabling local ordinances, if any;

(11) current certified annual and quarterly financial statements, as required under sections 1728-2.2 and 1728-2.21 of this Title;

(12) names and business addresses of the following, if applicable:

(i) managing general partner and each general partner;

(ii) managing agent;

(iii) principal stockholders or shareholders; and

(iv) president of the Board of Directors;

(13) list of all State, municipal and/or Federal financial assistance or subsidies received by the housing development (such as Low Income Housing Credits, tax exempt bond financing, section 236 Interest Reduction Subsidy, Project-Based Section 8, Housing Choice Vouchers, Rent Supplement, J-51 or other tax abatements, Tenant Health and Safety, Grants Flexible Subsidy), and the amount thereof;

(14) for housing projects located in jurisdictions subject to rent stabilization, the housing company shall submit a draft initial registration summary, initial building services registration, and initial apartment registration for each tenant;

(15) physical condition survey. As required by section 1750.10 of this Part, the housing company shall submit a physical condition survey prepared by an independent qualified consultant to determine the physical condition of the building and the property and all equipment appurtenant thereto. The housing company shall specify its plans to remedy any defects and to replace any and all items and equipment that are obsolete or which have exceeded their useful lives or are projected to exceed their useful lives within five years, and the amounts to be expended therefor, which plan shall be approved by the division;

(16) a conformed copy of the certificate of incorporation of the housing company; and

(17) certification to the division by an officer or principal of the housing company that the housing company is in full compliance with all applicable laws, regulations, and orders of the division or other governmental agency. In the event that the housing company has not complied with such law, regulation, or order then the officer or principal shall submit a detailed affidavit explaining the reasons therefor.

(18) any document which may bear upon the continued use of the project for affordable housing or the right of the housing company to dissolve, including but not limited to:

(i) tenant participation agreements;

(ii) City Council, Board of Estimate or other governing entity Resolutions and agreements;

(iii) urban renewal plans;

(iv) zoning rules or resolutions;

(v) regulatory agreements under any city, State, or Federal program;

(vi) by-laws or articles of incorporation or other corporate or partnership governing document(s);

(vii) participation in tax abatement programs;

(viii) any other document that places any restriction on the use of the property or the housing company's right to dissolve.

(c) In addition to the documents required to be submitted with the notice of intent, the commissioner may examine any records which come to the division's attention or are in its possession due to the division's supervision of the development, including but not limited to physical condition reports, financial reports, contracts, field visit reports, and correspondence involving the owner, managing agent, contractors and tenants.

(d) Within 180 days of receipt of the notice of intent and the required material, the commissioner shall notify the housing company if any additional information is required.

(e) Upon a finding by the division that all of the information required to have been submitted by the housing company has been submitted and that there is no reason to believe it contains any inaccuracies the commissioner shall issue an order authorizing the housing company to proceed with the public information requirements hereunder.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1750.3