Additional disclosure required of applicants

New rule requires applicants to submit Doing Business Data Form. The Department of City Planning recently enacted a rule requiring the submission of an additional disclosure form with each new ULURP and zoning text amendment application. The rule stems from Local Law 34 of 2007, the campaign finance reform law, which mandates that City agencies maintain a database of all companies, their principal officers and owners, and certain senior managers that engage in business dealings with the City. The law seeks to ensure that the City’s procurement and award processes are free of improper influence.

As of April 14, land use applicants now need to complete a Doing Business Data Form each time they file a ULURP or zoning text amendment application. Under the new law, principal officers including the Chief Executive Officer, the Chief Financial Officer, and the Chief Operating Officer, or their functional equivalents, must all be listed. Principal Owners, defined as those who own or control ten percent of the entity, must also be listed.

The form requires individuals to provide various contact information. Irrespective of whether the applicant is already included in the City’s VENDEX database, no application will be considered without the new form unless specifically exempt. Exemptions include homeowners making applications regarding their one-, two-, or three-family dwellings and certain neighborhood and community non-profits. Applications filed prior to, but not certified as of, April 14, are still subject to the new disclosure rule.

A Doing Business Data Form must be included with every individual application filed by an organization, whether or not the information has changed. A person who believes they have been erroneously included in the database may submit a request for removal.

Department of City Planning, http://www.nyc.gov/html/dcp/html/luproc/ulurp.shtml.

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