27-151

Additional requirements for MIH developments and UAP developments

Last Amended
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  1. 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.
  2. 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:
      1. 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
      2. 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.
  3. UAP developments and MIH developments that are restricted pursuant to an   affordable housing regulatory agreement shall not be required to comply with this Section.
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