Consolidate Energy - NYC Benchmarking Information

Attached below is an information sheet in Q&A format describing the details of the NYC Local Law 84 – Benchmarking Compliance. This ordinance was passed in 2009 and requires that any building (commercial or residential) over 50,000 square feet must be “benchmarked” for energy usage and space attributes starting in calendar year 2010 and every year thereafter by May 1.

A property is subject to NYC Local Law 84 if it includes:

1 building more than 50,000 gross square feet

2 or more buildings on the same tax lot that together total more than 100,000 gross square feet

2 or more buildings held in condominium ownership that are governed by the same board of managers and that together exceed 100,000 gross square feet

Using the online tool, Portfolio Manager (managed by the EPA), a property owner is responsible for inputting the whole building’s energy usage for the prior calendar year.  The usage has to be reported by type of energy (electric, gas, etc.).  The owner will also have to provide the building’s gross square area and a breakdown of the square area by space use type.  If a non-residential tenant has its own utility meter, the owner must send them a “Benchmarking Non-Residential Tenant Information Collection Form” to fill out.

Owners have until August 1, 2011 to comply and every May 1^st thereafter.

  

If owners or property managers have questions, they can go to the PlaNYC site - http://www.nyc.gov/html/planyc2030/html/about/ggbp.shtml#know – or contact DOB’s Benchmarking Help Center by calling 311 or emailing sustainability@buildings.nyc.gov.  The Benchmarking Help Center can help to set up an account with Portfolio Manager.

[Benchmarking Factsheet]

Important Changes to New York City Tax Lien Sale Statute

Beginning January 1, 2012, the City will have the authority to sell tax liens on HDFC rental properties.

[ Read full letter from Department of Housing Preservation & Development and Department of Finance]

421-a Extended without Prevailing Wage

The Senate and Assembly passed and the Governor signed into law, the omnibus housing bill, Chapter 97 of the Laws of 2011. In addition to extending rent regulation, and capping property taxes, the bill extends 421-a for four years - without the prevailing wage requirement first proposed in January this year. The final bill can be viewed at: http://www.assembly.state.ny.us/leg/?default_fld=&bn=A08518&term=2011&Summary=Y&Actions=Y&Text=Y.  The 421-a provisions can be found beginning on page 40.

[Source: NYSAFAH]

Update on HPD HDFC Directive

As you may be aware, the HPD Commissioner issued a letter on October 4^th, 2010 which set forth HPD’s position on several issues related to the operation of HDFCs (see enclosed “HPD HDFC Letter”).  This letter caused a great deal of confusion within the legal community which compelled our office, along with a small group of attorneys, to meet with HPD to confirm and clarify their position.

As a result of the meeting with HPD, we produced the enclosed presentation (see enclosed “Legal Interpretation”) which highlights Goldstein Hall’s interpretation of the central points in the HPD Commissioner’s Letter.

Further, we are pleased to announce the formation of our HDFC Practice Group, staffed with attorneys who are focused on serving the needs of the HDFC community.  The Practice Group offers services covering virtually all matters involving HDFCs, including corporate governance and litigation issues.    

If you have any questions about the letter or any other HDFC-related matter, please call me or Matthew Hall at 212-461-2338.  Or, send an e-mail to dgoldstein@goldsteinhall.com or mhall@goldsteinhall.com.

Goldstein Hall's Legal Interpretation of Letter from HPD Commissioner

1,400 Bronx housing units saved

More than 1,400 housing units in the Bronx will remain affordable, thanks in part to Enterprise Community Partners, a Maryland-based affordable housing nonprofit that recently helped to close the preservation deals.
One deal involves eight buildings with 526 units located in the West Farms section of the Bronx. The buildings are Section 8 affordable housing complexes which were built in 1973. In that case, property owner West Farms Square HDFC, an affiliate of the Catholic Archdiocese, partnered with Fordham Bedford Housing Corp. and University Neighborhood Housing Program to obtain more than $20.7 million in a tax credits to help rehab the buildings, said Enterprise, which is a partner in the deal. J.P. Morgan Chase & Co. was also involved in the deal.

[ Read More...]

Industrial And Commercial Abatement Program (ICAP)

CAP legislation that expired on March 1, 2011 was extended on May 18, 2011 and remains in effect until March 1, 2015.

Please note: The Industrial and Commercial Exemption Program (ICIP) ended in 2008 and was replaced with ICAP. Previously approved ICIP benefits were not affected. Applicants that successfully submitted their preliminary application within the ICIP timeframe can use the combined Final ICIP/ICAP application which you can link to on this page.

Otherwise, all documents and information below are in reference to ICAP unless specifically noted.

ICAP provides abatements for real property taxes for varying periods up to 25 years. Eligible industrial and commercial buildings must be built, modernized, expanded, or otherwise physically improved.

One of the most important things to note regarding the application process for an ICAP benefit is that the final application must be filed no later than one year after the effective date of eligibility. The effective date of eligibility is the date of the first building permit that allowed construction to proceed, or if no permit is required, no later than one year from the date that construction started. Construction does not need to be complete to submit a final application, so there are no exceptions. If a final application is submitted after one year, the application will be automatically denied.

Source: NYC Finance

Westchester's Housing Efforts Faulted in Lawsuit

A New York City nonprofit housing group on Tuesday asked a district court in Manhattan to step in and enforce a 2009 consent decree that settled a lawsuit over Westchester County's alleged failure to enforce federal fair-housing laws.

The Anti-Discrimination Center—which as part of the 2009 settlement received $7.5 million from the county and was subsequently dismissed from overseeing the settlement's implementation—now wants to jump back in the fray.

It claims Westchester County is skirting its obligations to enforce fair-housing laws, pointing to missed deadlines and a failure to provide sufficient planning documents. (Read more...)