Low Income Housing Tax Credits & Sustainable Development in New York, 2018

New York's 2018 Qualified Allocation Plan awards outlines Green and Sustainable Communties project requirements

3rd Party Green Building

 New York City’s 2018 QAP requires that all projects certify under the Enterprise Green Communities Criteria Certification Overlay for NYC HPD projects. Details and instructions on submission protocol can be found on the HPD website at:

http://wwwl.nyc.gov/site/hpd/developers/entemrise-green-conllnunities.page. The Enterprise Green Communities Criteria can be found online at http://www.enterprisecommunity.com/solutions-and-innovation/enterprise-green-communities/criteria.

As part of the tax credit application submission, applicants will be required to submit a Step 1: Pre-Build Approval from Enterprise. Additionally,

applicants must submit proof of complete submission for Step 2: Post Build application issued by

Enterprise prior to issuance of 8609s. Rehabilitation projects engaging in the following minimum

work scope are required to meet the following LIHTC Green Communities threshold requirement:

1. Replace heating system, and

2. Work in 75% of units including work within the kitchen and/or bathroom, and

3. Substantial work on the building envelope, such as replace/add insulation, replace windows, replace / add roof insulation, new roof or substantial roof repair.

Projects unable to meet the LIHTC Green Communities threshold requirements, and qualify under an excluded category, may request a waiver. All LIHTC preservation projects receiving a waiver of the Green Communities Criteria must comply with l-IPD 's Standard Specification. In addition, any new construction or rehabilitation project (as defined above), which received a waiver by HPD from the Green Communities requirement will also be waived from the LIHTC Green Communities threshold requirement.

Each project will be required to submit either a Step 1: Pre-Build Approval from Enterprise or a waiver from HPD along with the original tax credit application. A copy of the waiver request form can be obtained at: http://wwwl.nyc.gov/assets/hpd/downloads/pdf/GreenCommunities- certification-waiver.pdf

Benchmarking

New York City’s 2018 Qualified Allocation plan stipulates that all applicants must agree to New York City’s Local Law 84 (LL84) and HPD’s Benchmarking Protocol. At application, applicants will be required to acknowledge and agree to follow LL84 and HPD’s Benchmarking Protocol. At 8609, project owners will be required to submit a notification that the benchmarking account has been set up with one of the approved benchmarking service providers. More information about HPD’s Benchmarking requirements can be found at: https://www1.nyc.gov/site/hpd/services-and-information/benchmarking-protocol.page

 

Contributed By: 
National Housing Trust

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