QUESTION
What mechanisms does HPD have to identify J51 tenants lacking rent regulation coverage?
1:36:53
·
4 min
HPD primarily relies on complaint-driven enforcement to identify cases where J51 tenants lack rent regulation coverage.
- Council Member Pierina Ana Sanchez asks if tenants report such issues through 311 and if HPD can access real-time data
- Kim Darga states complaint-driven enforcement has been the main approach, but HPD is exploring more proactive monitoring
- Lucy Joffe notes HPD does not receive many 311 calls, as tenants often contact the state housing agency instead
- When HPD receives rent regulation complaints, they typically redirect tenants to the state unless HPD has a regulatory relationship with the building
- HPD is working to operationalize ongoing monitoring of rent regulation for J51 buildings under their purview
Pierina Ana Sanchez
1:36:53
So there there there have been several examples of J51 tenants suing because they haven't had coverage of rent regulation.
1:37:03
So is that something Is there just in terms of mechanism and how HPD would know to check?
1:37:09
Is that something that tenants are are calling to 311?
1:37:13
And then you have the ability to see the information in real time?
Kim Darga
1:37:16
Yeah.
1:37:16
So we certainly can do that that's interesting.
1:37:20
I need to think about, like, a mechanism to get complaints.
1:37:23
I'm not sure that that's really existed the way you're talking about it right now in the past.
1:37:30
But it's an interesting idea Complaint driven enforcement is probably been the main way that we have functioned in the past.
1:37:39
What we're talking about is, like, thinking about now if there's also more proactive ways that we can monitor.
1:37:47
One of the things that has changed I mentioned that, like, this has much broader options for enforcement in addition to the agency being able to enforce and having a range of mechanisms you know, imposing fines and extending time period and other provisions.
1:38:06
There are also there's an option for private right of action by the resident as well.
1:38:11
So not that we would rely on that exclusively, but it is another tool by which we can hold owners to complying with the requirements of the program.
Lucy Joffe
1:38:24
And I'll just add you know, I think because there are certainly enforcement efforts that we do, we've been talking about that today.
1:38:30
I I just don't think that HPD necessarily gets a ton of those calls through 311 since I think a lot of tenants think to call HCR the state since if they're concerned about their own stabilization status.
1:38:42
So I think it's a number of on any of these in enforcement actions, a mix of what the state is doing and what HPD is doing proactively, and all that's really important for us.
1:38:52
And something that we're we think we can really build on with these new enforcement tools.
Pierina Ana Sanchez
1:38:55
What does HPD do today when when if you receive
Lucy Joffe
1:39:00
rent regulation complaints?
1:39:02
You just tell people to call the state.
1:39:04
Well, we might, to the extent we get them, they could be for a wide range of reasons, and we might not have any access or release relationship to that building or access to that information that we can share with the public.
1:39:16
So, yes, certainly, if 311 were to receive a call or someone were to reach HPD reach out to HPD on this, typically that would be a state enforcement issue.
Pierina Ana Sanchez
1:39:28
Okay.
1:39:28
So when when you talk about the MOU that you have with DCR that allows HPD to act on data for enforcement purposes, it is specifically on the universe of buildings with which HPD has a relationship, regulatory movements up here.
1:39:42
Got it.
Lucy Joffe
1:39:43
We would not be able to we don't have broad scale enforcement authority around rent stabilization generally, so we wouldn't be able to take action in a case where HP is not otherwise involved.
Pierina Ana Sanchez
1:39:53
Got it.
1:39:53
Thank you.
1:39:57
Is there any way that HPD will be keeping track of apartments that become vacant during the J51 abatement period?
Kim Darga
1:40:06
No.
1:40:07
I don't I mean, again, if if we can figure out ways to operationalize a review of rent stabilization data.
1:40:14
Certainly, somebody's registered vacancy at a moment in time, and that would show up.
1:40:18
But outside of the moment in time, the data captures, there's no way for the agency to monitor that.
Pierina Ana Sanchez
1:40:27
So something like checking on the affordability levels and rent regulation, rent stabilization status, that's something that's gonna happen in the initial application and not again?
Kim Darga
1:40:38
So the initial application, all of the eligibility requirements need to be met.
1:40:43
Including the rent stabilization requirement and the the requirement for rents to be under 80% of area median income for at least 50% of the units.
1:40:57
What we are trying to figure out is how to how given the scale of the program, how to also think about operationalizing, ongoing, some monitoring, of the primary requirements of the program.
1:41:11
So, you know, the main requirement again for rent stabilized buildings is rent stabilization.
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