27-151 - Additional requirements for MIH developments and UAP developments

LAST AMENDED
12/5/2024

(a)   #MIH development# or #UAP development# building permits#

      (1)    HPD# may issue a #permit notice# to the Department of Buildings at any time on or after the #restrictive
             declaration date#. The Department of Buildings may thereafter issue building permits to an #MIH development#
             or a #UAP development# based on the #affordable housing# or, in the case of an #MIH development#,
             contribution to the #affordable housing fund# described in such #permit notice#.

      (2)    If #HPD# does not receive confirmation that the #restrictive declaration# has been recorded within 45 days after
             the later of the #restrictive declaration date# or the date upon which #HPD# authorizes the recording of the
             #restrictive declaration#, #HPD# shall suspend or revoke such #permit notice#, notify the Department of
             Buildings of such suspension or revocation and not reinstate such #permit notice# or issue any new #permit
             notice# until #HPD# receives confirmation that the #restrictive declaration# has been recorded or any applicable
             alternate procedure has been completed. Upon receipt of notice from #HPD# that a #permit notice# has been
             suspended or revoked, the Department of Buildings shall suspend or revoke each building permit issued pursuant
             to such #permit notice# which is then in effect for any #MIH development# or #UAP development#.

(b)    #MIH development# or #UAP development# certificates of occupancy

      (1)    The Department of Buildings shall not issue a permanent certificate of occupancy for any #MIH development# or
             #UAP development# until #HPD# has issued a #completion notice# with respect to the #affordable housing# that
             satisfies the requirements of this Chapter. However, where any #story# of an #MIH development# or #UAP
             development# contains one or more #affordable housing units#, the Department of Buildings may issue a
             temporary certificate of occupancy for such #story# if such temporary certificate of occupancy either includes each
              #affordable housing unit# located in such #story# or only includes #dwelling units# or #rooming units# that are
              #affordable housing units#. Nothing in the preceding sentence shall be deemed to prohibit the granting of a
              temporary certificate of occupancy for the standard #residential floor area# in a #UAP development# or the
              granting of a temporary or permanent certificate of occupancy for a #super’s unit#.

       (2)    #HPD# shall not issue a #completion notice# with respect to any portion of any #MIH site# or #UAP site# unless:

              (i)    the Department of Buildings has issued temporary certificates of occupancy for all #affordable housing#
                     described in such #completion notice# and such certificates of occupancy have not expired, been suspended
                     or been revoked; or

              (ii)   where a #UAP site# contains #affordable housing# that had a valid certificate of occupancy on the
                     #restrictive declaration date# and no new temporary or permanent certificate of occupancy is thereafter
                     required for the creation of such #affordable housing#, #HPD# has determined that all renovation and
                     repair work required by the applicable #restrictive declaration# has been completed and all obligations with
                     respect to the creation of such #affordable housing# have been fulfilled in accordance with the applicable
                     #restrictive declaration#.

(c)   #UAP developments# and #MIH developments# that are restricted pursuant to an #affordable housing regulatory
      agreement# shall not be required to comply with this Section.