Image credit: New York City Council.
On December 15, 2021, the City Council voted to provide the Department of Housing Preservation and Development (HPD) with tools and the enhanced ability to enforce affordable housing provisions. The bill, Int. 2411-A, was sponsored by Former Council Member and Former Chair of the Housing and Building Committee Robert Cornegy.
Int. 2411-A enables HPD to enforce the provisions of the Zoning Resolution related to affordable housing programs through various actions, including proceedings through the Office of Administrative Trials and Hearings (OATH), HPD investigations, civil judicial proceedings, appointing a monitor, and other special remedies.
The bill also requires HPD to establish rules that prohibit the occupancy of an affordable housing unit by other than a qualifying household; the unlawful configuration, sizing, distribution or use of an affordable housing unit and charging unlawful fees or monthly rent for an affordable unit. New rules must also be created to prohibit filing a certification of correction of a violation or statement of unlawful use or condition that contains material misstatements of fact. The agency must also make new rules that forbid unlawful restriction of access to the premises, failing to comply with an HPD order issued under the Inclusionary Housing enforcement authority, and failing to comply with primary residence requirements.
The law takes effect 180 days after becoming law.
Former Council Member Cornegy stated, “The Inclusionary Housing Program is designed to preserve and promote affordable housing within neighborhoods where zoning has been modified to encourage new development. This bill authorizes the Department of Housing Preservation and Development to enforce the affordable housing provisions placed within its responsibility in the Zoning Resolution and provides procedures by which enforcement is to take place. Without this authorization, the city would be limited in its ability to ensure that the Zoning Resolution’s affordable housing programs are serving their purpose and would lack the ability to penalize those who would cheat the system. Inclusionary Zoning is an important tool to promote a diverse and thriving city. But as Chair of the Housing and Building Committee, I have seen that if there is no means to enforce the law, then the law is ineffective. Intro 2411 creates real-world tools to achieve the intended goals of diversity.”
By: Veronica Rose (Veronica is the CityLaw fellow and a New York Law School graduate, Class of 2018.)
Excellent, let’s start with The Larkspur, 304-318 West 117th Street, NYC 10026, where the Building Owner is double dipping by restricting tenants from required outdoor recreation space and instead using the space for a massive bank of wireless antennas. Building owner gets benefits of tax credits, bonus square footage, funding etc. and in exchange agrees to provide features like outdoor recreation space. But instead uses the intended space for huge profits from telecommunications company.