Summary of the proposed Regulatory Agreement that HPD presented to a Brooklyn HDFC Co-Op in 2023, which The HDFC refused to sign
Key Restrictions for HDFC Co-ops
1. Income and Asset Limits
Apartments can only be sold to “Eligible Households”, meaning those with:
- Annual income below 120% of Area Median Income (AMI).
- Assets below 175% of AMI for a family of four.
- No ownership or lease of other residential property within 100 miles of NYC.
2. Sales Restrictions
All sales must:
- Comply with HPD’s Marketing Handbook.
- Be listed through NYC Housing Connect or HPD-approved platform.
- Be approved by both the HDFC board and an independent Monitor.
- Have a sale price no higher than the Maximum Sale Price set by formula.
- Pay a Flip Tax:
- Normally 10% of sale profit,
- But 100% if resold within 3 years (unless by inheritance or foreclosure).
3. Owner-Occupancy Requirements
Shareholders must:
- Use the apartment as their primary residence at least 270 days/year.
- Not rent, lease, or sublet the apartment (with strict exceptions).
- Annually submit an Owner Occupancy Certification to the Monitor.
- Not own or rent another home nearby (within 100 miles).
4. Leasing and Subletting
Leases and Subleases:
- Must be approved by both the Board and the Monitor.
- Subleases are capped at 15 months within any 5-year period.
- Rent must not exceed “Carrying Cost” (maintenance + other charges).
5. Loan Restrictions
Cooperative Loans (for purchasing shares) require:
- Approval by the Board and the Monitor.
- Must not exceed 90% of the Maximum Sale Price.
- Violations are treated as Prohibited Events and penalized.
Fees Payable to the Monitor or Related to Monitoring
1. Monitoring Requirements
HDFC must:
- Enter into and fund a Monitoring Contract with a Monitor approved by HPD.
- Not change or terminate the Monitor without HPD’s written consent.
- Promptly replace the Monitor if the contract ends or is breached.
- Pay the full cost of monitoring services.
2. Prohibited Event Fees
If an HDFC or shareholder violates the agreement (a “Prohibited Event”), a monthly fee is charged until cured.
Examples include:
- Illegal sublets, overcharging rent, non-primary residence use, selling shares to ineligible buyers, or taking out oversized loans.
Fee amounts vary:
- E.g., $200 plus overcharged rent for illegal sublets.
- Full sale profit if shares are sold over the allowed price.
Other Notable Provisions
- Mandatory 2% annual maintenance fee increase, unless waived by HPD.
- Flip Taxes and other proceeds must be used for:
-
- Reserves (Operating and Replacement).
- Repayment of HPD or HDC loans (if outstanding).
- HPD has authority to override or enforce the Regulatory Agreement if the HDFC or Monitor fails to act.