SECTION 8 UPDATE 2013

Transcription

1 NYCLA CLE I NSTITUTE SECTION 8 UPDATE 2013 Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers Association, 14 Vesey Street, New York, NY scheduled for October 22, 2013 Program Co-sponsor: RSA Moderators: Mitchell Posilkin, General Counsel, RSA; Robin A. Bernstein, Deputy Counsel, RSA FACULTY: Cathy Pennington, Executive Vice-President, Leased Housing; Colette Rodgers, Director, Leased Housing; Robert Tesoriero, Deputy Director, Leased Housing; Lakesha Miller, Deputy Director Leased Housing (Bronx); Molly Wasow Park, Deputy Commissioner HPD; Dinsiri Fikru, Director of Policy and Special Programs, HPD; Andrea Foley- Murphy, Director of Client and Owner Services, HPD; Sheldon Mann,Director of Commercial Leasing and Administration, Langsam Property Services This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 3 Transitional and Non-Transitional credit hours; 2Skills; 1 Professional Practice. This program has been approved by the Board of Continuing Legal education of the Supreme Court of New Jersey for 3 hours of total CLE credits. Of these, 0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal law, workers compensation law and/or matrimonial law. ACCREDITED PROVIDER STATUS: NYCLA s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the States of New York and New Jersey.

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3 Information Regarding CLE Credits and Certification Section 8 Update 2013 October 22, 2013; 9:00 AM to 12:00 PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. The time will be verified by the Program Assistant. ii. iii. iv. You will receive your MCLE certificate as you exit the room at the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate. Please note: We can only certify MCLE credit for the actual time you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week. v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week. Thank you for choosing NYCLA as your CLE provider!

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5 New York County Lawyers Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y (212) Section 8 Update 2013 AGENDA Panelists: Robin A. Bernstein, Dinsiri Fikru, Andrea Foley-Murphy Sheldon Mann, Lakesha Miller, Cathy Pennington, Mitchell Posilkin, Colette Rodgers, Robert Tesoriero, Molly Wasow Park Program Moderators: Mitchell Posilkin, General Counsel, RSA Robin A. Bernstein, Deputy Counsel, RSA 8:30 A.M. - 9:00 A.M. Coffee and On-Site Registration 9:00 A.M. - 9:15 A.M. Welcome and Announcements Bari Chase 9:30 A.M. - 9:45 A.M. Introduction Mitchell Posilkin 9:45 A.M. 10:30 A.M. NAVIGATING NYCHA S SECTION 8 PROGRAM Cathy Pennington, Executive Vice-President, Leased Housing Colette Rodgers, Director, Leased Housing Robert Tesoriero, Deputy Director, Leased Housing Lakesha Miller, Deputy Director Leased Housing (Bronx) 10:30 A.M. 11:15 A.M. NAVIGATING HPD S SECTION 8 PROGRAM Molly Wasow Park, Deputy Commissioner Dinsiri Fikru, Director of Policy and Special Programs Andrea Foley-Murphy, Director of Client and Owner Services BREAK 11:30 A.M. 11:45 A.M. SECTION 8: A MANAGING AGENT S PERSPECTIVE Sheldon Mann, Director of Commercial Leasing and Administration, Langsam Property Services 11:45 A.M. - 12:15 P.M. QUESTIONS & ANSWERS -

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7 New York County Lawyers Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y (212) Section 8 Update 2013 Table of Contents Panelists: Robin A. Bernstein, Dinsiri Fikru, Andrea Foley-Murphy Sheldon Mann, Lakesha Miller, Cathy Pennington, Mitchell Posilkin, Colette Rodgers, Robert Tesoriero, Molly Wasow Park Program Moderators: Mitchell Posilkin, General Counsel, RSA Robin A. Bernstein, Deputy Counsel, RSA Local Law 10 Frequently Asked Questions Concerning the NYC Department of Housing Preservation and Development Property Registration Program Section 8 Housing Choice Voucher Policy Changes -- Frequently Asked Questions Policy Updates for the Section 8 Voucher Program

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17 Frequently Asked Questions concerning the NYC Department of Housing Preservation and Development Property Registration Program What types of dwellings are required to have registration statements filed with HPD? An annual registration statement must be filed for all multiple dwellings (this includes garden-type dwellings that are designed to provide three or more apartments) and private dwellings (one- and two-family dwellings) where neither the owner nor any family member occupies the dwelling. Who has to register? The owner of the dwelling must register. How do property registrations become valid? Valid Property Registration requires both 1) payment of $13 to the Department of Finance and 2) submission of a properly completed Property Registration form to HPD. How does filing a registration statement help owners? Registration provides owners with an opportunity to be contacted by HPD and notified of any emergencies at the property. Early notification will allow an owner to make necessary repairs and avoid the inconvenience and cost of having HPD perform emergency repairs. Registration may also prevent the issuance of violations and civil penalties for failure to register. When are owners required to register? All multiple dwelling properties and one or two family homes where the owner/owner s family does not reside will be required to be registered annually by September 1 st. Validly registered property owners/agents will receive the re-registration form from HPD at the end of May or beginning of June each year. Instructions will be provided on the form. If at any point during the year the registration information changes, an owner should re-file. Owners may make changes to the Property Registration during the course of the year without paying an additional fee. Owners are also required to file a registration statement as soon as they purchase a residential property that meets the criteria for registration. What information must an owner provide to register a dwelling? The registration statement must include owner name; owner business and residence address; if the owner of a multiple dwelling is a corporation the names and addresses of any person whose share of ownership of the corporation exceeds 25%; if the owner of a multiple dwelling is a partnership the name and business address of the partnership and the names and business addresses of each general partner and the names and business addresses of each limited partner whose share of ownership of the partnership exceeds 25%; managing agent name and address and a telephone number within the greater metropolitan area where an owner or managing agent may be reasonably expected to be reached at all times. Is a United States Post Office box an acceptable business address for purpose of the property registration? No. For the purpose of the property registration, a US Postal Service mail delivery box, a mail delivery box maintained through a privately operated mail handling facility or the address at which any similar service is provided is not a valid business address. What are the penalties for failing to register? Failure to file a registration statement may result in the issuance of a Class A non-hazardous violation. Civil penalties, which can be imposed by Housing Court, range from $250 to $500. Where can an owner obtain a registration form? Registration forms may be obtained from HPD s website ( starting in August Registration forms are available upon request through register@hpd.nyc.gov and at each Borough Code Enforcement office. Who is required to sign the registration statement? The registration statement must be signed by the owner, or, if the owner is a corporation, by any officer of the corporation. The managing agent or designee of a private dwelling must also sign the registration statement to indicate consent to such designation.

18 Is there a fee or payment for filing a property registration? The fee for Property Registration will be billed to you by Finance with your Statement of Account due on July 1st of each year; the $13 fee will be clearly marked as Property Registration. If you wish to apply your payment to only the Property Registration fee, you can pay online at nyc.gov/citypay or go to a Finance Business Center. Does an owner who changes his/her address have to change the registration statement? Yes. An owner must change the registration statement within five days if there is a change in address of the owner, a change in the list of officers of the owner-corporation, or a change in address of any of the listed officers. Again, there is no filing fee for updating information on a registration statement. Who should an owner contact for assistance with the registration process? Owners who have questions or require assistance with the registration process may contact the Registration Assistance Unit at (212) or register@hpd.nyc.gov. What is the responsibility of a managing agent? The managing agent is designated by the owner to be in control of and responsible for the maintenance and operation of the dwelling and to on behalf of the owner, the correction of any emergency conditions or the making of an emergency repairs. Are there any qualifications for being designated a managing agent? Yes. A managing agent must be a natural person over age 21 and must reside in the city or customarily and regularly attend a business office maintained within the city. An owner or corporate officer who meets the qualifications may be designated to serve and can be registered as the managing agent. Can an owner change the managing agent? Yes, the owner can terminate the designation of a managing agent at any time by filing a statement designating a new managing agent. NYC HPD Office of Preservation Services Code Enforcement Office Locations & Contact Numbers Registration Assistance Unit: 100 Gold Street, NY, NY (212) Office hours: 9 am-1pm, 2 pm-4 pm Bronx: 1932 Arthur Avenue (3 rd Floor), Bronx, NY (718) Brooklyn: 701 Euclid Avenue, Brooklyn, NY 11208,(718) and 210 Joralemon Street (Rm #806) Brooklyn, NY (718) Manhattan: 94 Old Broadway (7 th Floor) New York, NY 10027(212) Queens: Queens Boulevard (1 st Fl.) Kew Gardens, NY (718) , 0808 and 0809 Staten Island: Borough Hall (2nd Floor) St. George, New York (718) This pamphlet contains FAQs for owners concerning property registration and is provided for your convenience only. For complete information, consult the law and applicable rules. NYC HPD Division of Code Enforcement is responsible for enforcing the NYC Housing Maintenance Code and the NYS Multiple Dwelling Law. For more information please visit our website or call 311.

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29 10/17/2013 Policy Updates for the Section 8 Voucher Program October 2013 Division of Tenant Resources 1! " #$ %& 2 ' % ( )*++,- )*+.& / % 0 +* % & 1.,2 % 3 )*+.& 4 0 )*+5" 0."*** 6 & 3 1

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32 10/17/2013!* + HPD is consolidating its inspection functions within the agency. This streamlining will lead to certain benefits to owners. Changes include: Owners may provide online certification of violation corrections To benefit from this, the assisted property must be registered The owner/manager must sign up for e-certification Registration materials have been distributed to facilitate registration Violations that are detected as HQS Failure may also be code violations To comply with federal regulations that HPD conduct HQS inspections annually and to better distribute inspection workload, some units may be inspected ahead of schedule. This is no cause for alarm. Violation notices will be mailed to the managing agent indicated on the HPD property registration form 10,!"!' Building Registration: To ensure a smooth transition, all landlords should register their property with HPD. Owners can do this through the Property Registration Online System where owners can register or update outdated information at: E-Certification: ecertification is an online application which allows validly registered property owners and managing agents to certify HPD violations and HQS failures online. HPD s ecertification is free to enroll in and use. You can complete an online registration at: 11 #" You may continue to use the DTR Partner Portal for Section 8 payment and tenant information To register for access to the DTR Partner Portal: Send an to DTRPartnerPortal@hpd.nyc.gov requesting enrollment. Please include: The exact ownership name The payment address The assisted address(es) you are requesting access to view If you have questions about Section 8: S8landlords@hpd.nyc.gov Phone: Visit: 100 Gold Street, Room 1-0, New York, NY

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34 Mitchell L. Posilkin, Esq. General Counsel Rent Stabilization Association Mitchell Posilkin is the General Counsel of the Rent Stabilization Association, a trade association that represents approximately 25,000 owners and managers of over one million apartments in the City. In that capacity, Mr. Posilkin addresses a myriad of issues that affect property owners which arise in the courts, in government agencies and in the State Legislature and City Council. Prior to the commencement of his tenure at RSA in January 1996, Mr. Posilkin served as Deputy General Counsel of the Department of Housing Preservation and Development for eleven years, including two and one-half years as the Acting Director of the Department's Housing Litigation Bureau. Mr. Posilkin began his career as an Assistant Corporation Counsel in the Division of Legal Counsel at the New York City Law Department from 1979 to Mr. Posilkin graduated from the State University of New York at Binghamton in 1976 and from New York Law School, where he served as an editor of the Law Review, in Mr. Posilkin is a current owner s representative on Housing Court Advisory Council. He has previously served as the City s representative and as a representative of property owners, and has also served on the Housing Court Committee of the Association of the Bar of the City of New York. Mr. Posilkin has presented at many seminars held by RSA, the New York State Office of Court Administration, the New York City Bar Association, the New York State Bar Association and the Kings County Housing Court Bar Association, including programs pertaining to the significant changes in the State s rent regulatory laws and regulations, the City s lead paint laws, Section 8, bedbugs and numerous other issues and court decisions of concern to property owners.

35 Robin A. Bernstein, Esq. Deputy Counsel Rent Stabilization Association Robin A. Bernstein is the Deputy General Counsel to the Rent Stabilization Association. Prior to her current position, Ms. Bernstein served as in-house General Counsel to a major New York City property owner, and was in private practice in the areas of landlord/tenant and real estate litigation and transactions. Ms. Bernstein has coordinated and co-authored materials for numerous RSA seminars including: Understanding the New Rent Stabilization Code, Managing Rent Regulated Property in New York City, Navigating the Section 8 Maze, and Bed Bugs: a Property Owner s Liability Nightmare. Ms. Bernstein is a member of the New York City Bar Association, The New York State Bar Association, the New York County Lawyers Association and the Association of Corporate Counsel. She has served on the Housing Court and Housing Court Public Projects Committees of the New York Bar Association. She is currently an interim member of the Judiciary Committee having previously served on the Committee for a three year term. Ms. Bernstein is a member of Civil Court Practice Section of the New York County Lawyers' Association. Prior to the implementation of the Housing Court Resource Centers, Ms. Bernstein supervised RSA staff located in the court houses who assisted unrepresented small property owners. The written owners materials now distributed in the Resource Centers were modeled on documents drafted by RSA. She is a certified member of the Volunteer Lawyers Program of the Housing Part of the Civil Court of the City of New York. She served on the New York City Hoarding Task Force, and is a member of the New York City DRIE Board. She has worked with City officials, NYSERDA, private consultants and lenders, Con Edison and National Grid to educate RSA members on how to comply with the City s new energy laws.

36 Sheldon Mann Director of Administration and Commercial Leasing Langsam Property Services Corp. Sheldon Mann is presently the Director of Administration and Commercial Leasing for Langsam Property Services Corp. Mr. Mann has worked for Langsam Property Services Corp. since He received his Real Estate Salesperson license in 1995 and has been a licensed Real Estate Broker since At Langsam Property Services Corp., Mr. Mann s responsibilities include handling all commercial leasing as well the administration of many areas of property management. Mr. Mann oversees the analysis of Section 8 rent subsidy accounts, comprising almost 20 percent of the tenants in properties managed by Langsam, to ensure that the housing authorities are making the correct payments. He also directs compliance with the Federal low-income tax credit program for the several hundred apartments in buildings rehabilitated through this program. In addition, Mr. Mann is responsible for supervising staff to address and remove DOB, ECB and DOMH violations. Mr. Mann s responsibilities also include handling all DHCR complaints. Sheldon Mann began his real estate career in 1989 as Deputy Director of the New York City Department of Housing Preservation and Development's Private Ownership and Management Program (POMP). Under POMP, thousands of apartments were rehabilitated and privatized in buildings that had been seriously neglected. His extensive governmental experience included positions as Deputy Assistant Director for the New York City Mayor's Office of Operations and Executive Assistant to the Commissioner for the Department of Sanitation.

37 Dinsiri Fikru Director of Policy and Special Programs Section 8 Program Department of Housing Preservation & Development Dinsiri Fikru and her team are responsible for Developing and implementing policies within the Division of Tenant Resources to ensure quality service delivery, compliance with federal Section 8 Housing Choice Voucher regulations and efficient operations. Part of the team s responsibilities including monitoring federal and legislating changes that particularly affect availability of funding, vouchers and operations of the Section 8 program. The Special Programs team manages the Family Self-Sufficiency program that provides incentives for increased employment income and provides support for achieving related employment and education goals. This federally funded program is available to Section 8 tenant based voucher holders.

38 Andrea Foley-Murphy Director of Owner and Client Services Section 8 Program Department of Housing Preservation & Development Andrea Foley-Murphy is the Director of Owner and Client Services for Section 8 Program at thenyc Department of Housing Preservation and Development.Andrea Foley-Murphy and her team, with respect to Owner Services are responsible for managing communication with owners, approving and registering owners for subsidy payments and implementing HUD and HPD policies with respect to determining rent reasonability and establishing approved contract rents at initial lease up and at ongoing lease renewals. Her team administers the Partner Portal, a tool designed to provide up to date information to owners regarding payments and Housing Quality Standards inspection outcomes. The Client Services team manages moves with continued assistance, portability of subsidy to other jurisdictions, and the daily operation of our customer service center. And she along with the Project Based Team, manage the ongoing subsidy administration of all federally funded project based subsidy programs overseen by HPD.

39 Colette Rodgers Colette Rodgers was appointed Director of Operations in the Leased Housing Department of the New York City Housing Authority (NYCHA) in October In this capacity, she provides guidance and leadership to a department with over 400 employees, while ensuring compliance with State, Federal and local regulatory requirements. The Leased Housing Department administers NYCHA s federally funded Housing Choice Voucher program (Section 8), the largest in the nation, which provides rental subsidies for over 232,000 Section 8 tenants residing in the five boroughs of New York City. Prior to joining NYCHA in 2010, Ms. Rodgers held the position of Executive Director of Housing Development and Special Programs for the Town of Yorktown, in Yorktown Heights, New York, where she was responsible for the administration and operation of over $2 million in Federal funds for community programs. Ms. Rodgers has more than 15 years experience in municipal government administration, including Program Manger at the Westchester County Department of Planning in White Plains, New York. Ms. Rodgers holds a Bachelor of Science degree in Psychology from Mercy College and a Federal Emergency Management Agency (FEMA) Certificate Emergency Management.

40 Lakesha Miller Lakesha Miller joined the New York City Housing Authority in July 2012 as Deputy Director of Leased Housing. The Leased Housing Department administers NYCHA s federally funded Housing Choice Voucher (Section 8) Program, the largest in the nation, which provides rental subsidies for over 232,000 Section 8 tenants residing in the five boroughs of New York City. Since beginning her housing career, Ms. Miller has acquired in-depth knowledge of housing regulations and compliance requirements. She began her 15-plus years of experience in the affordable housing industry with New York City s Housing Preservation and Development agency (HPD) in its Special Initiatives Program, where she facilitated homeless families into permanent housing. Ms. Miller later moved on to the private housing consulting firm Quadel Consulting Corporation, where she progressed in such roles as Contract Specialist, Program Compliance Manager, and Regional Operations Director for the New York City s Project-Based Section 8 Contract Administration Program. Most recently she worked for private landlord Marathon Development Group as a Compliance Manager over the Section 8, Section 236 and Low Income Housing Tax Credit units. Ms. Miller holds a Bachelor of Arts degree in Human Relations from Pace University and a Master of Arts degree in Organizational Management from University of Phoenix.

41 Molly Wasow Park Deputy Commissioner New York City Department of Housing Preservation and Development Since 2006 Molly Wasow Park has held various roles at the New York City Department of Housing Preservation and Development (HPD), the nation s largest municipal housing agency whose mission is to promote quality housing and viable neighborhoods for New Yorkers. She currently serves as Deputy Commissioner for Financial Management and Analysis. Ms. Park oversees the management of an $800M annual expense budget, $350M in annual capital spending, and a federal rental subsidy program serving 37,000 New York City households. HPD is responsible for setting housing policy for the City of New York, and implements Mayor Bloomberg s multibillion dollar New Housing Marketplace Plan (NHMP) to finance the construction or preservation of 165,000 units of affordable housing by the close of the 2014 fiscal year. As a key member of the leadership team at HPD, Ms. Park has helped to craft the 2010 update to the NHMP and facilitated two major organizational restructurings to more closely align HPD s divisions, personnel and functions with its overall mission. Most recently Ms. Park has been a part of the team leading Hurricane Sandy housing recovery efforts. Prior to joining HPD, Ms. Park served at the New York City Independent Budget Office, a publicly funded agency that provides nonpartisan information about New York City's budget to the public and their elected officials. She has a Master s in Public Policy from the Goldman School at the University of California, Berkeley, and a Bachelor s degree from Amherst College. Ms. Park lives in Upper Manhattan with her husband and son.

42 Robert Tesoriero Robert Tesoriero joined the New York City Housing Authority (NYCHA) in October He was appointed to the position of Leased Housing Department Deputy Director for Section 8 central office operations in January In this capacity, Mr. Tesoriero is responsible for the Leased Housing Inspection Unit, Portability Unit, Fraud & Abuse Unit, and Landlord Outreach Unit. The Leased Housing Department administers the NYCHA s federally funded Housing Choice Voucher (Section 8) Program, the largest in the nation, which provides rental subsidies for over 232,000 Section 8 tenants residing in the five boroughs of New York City. Mr. Tesoriero joined the Authority in October 1990 directly out of college. Beginning as a Housing Assistant, he has amassed almost 23 years experience in various aspects of NYCHA s Section 8 Housing Voucher program. He was promoted through the ranks as Assistant Manager, Manager, and Assistant Director prior to his present position. Mr. Tesoriero holds a Bachelor of Arts degree in Communications from St. Francis College.