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Empire Justice Center's Online Database of HUD Multi-Family Housing in NYS

August 12, 2010


EMPIRE JUSTICE CENTER’S ONLINE DATABASE OF

HUD MULTIFAMILY HOUSING DEVELOPMENTS IN NEW YORK STATE

When you are representing tenants who live in subsidized housing it is often difficult to identify the particular programs that are involved.  You need to have that information, though, because different program have different lease termination and eviction procedures. 

In a separate resource we have previously provided a guide to help you find out if a particular housing development is state-assisted (Mitchell-Lama),  or federally assisted (HUD , Tax Credit, or Rural Housing), and whether it is public housing or a privately-owned housing development.  (See “Identifying the Assisted Housing and the Applicable Laws and Regulations in Your Service Area”.)   That guide gives you a link to the HUD Multi-family Housing database that lists the financing and subsidy programs tied to all HUD-assisted multi-family housing developments.  Unfortunately, the HUD database requires you to download the entire national database.  To say the least,  that can be a bit unwieldy (or at least intimidating).

We are now able to give you a direct link to an online Excel database that we put together.  It lists only HUD developments for New York State.   We have also sorted the developments by COUNTY to make it easier for you to find a particular housing development even if there is a variation in the name or street address. 

The new Empire Justice Center database, “HUD MULTI-FAMILY HOUSING DEVELOPMENTS IN NEW YORK STATE”, is also a resource "tool" in that it gives you lots of additional information about the laws and regulations tied to the housing programs.

To use the database, you will need to look at two separate “worksheets” in the file in order to get the full picture.  The main worksheet gives you the “financing” information that tells you about the mortgage assistance or insurance program that was used to develop the project (such as “Section 236” or “Section 221” housing).  That financing worksheet is named (on the tab at the bottom of the file) as “Housing by County.”   (If you work in New York City, there is a separate “financing” worksheet labeled “NYC”).   Once you have the “HUD Project ID Number” for a particular development from the financing worksheet, use that number in conjunction with the separate worksheet labeled “Direct Subsidy Contracts” to identify the specific direct subsidy  program tied to the development (such as “Section 8 New Construction,” or “Rent Supplement).” 

Finally, and this might be the part you will find most helpful, there is another worksheet in the Excel file labeled “Programs and Law.”  That sheet will help you find the statutes, regulations and handbooks that apply to the programs associated with a particular housing development.   (We note, for example, which programs are covered by HUD Handbook 4350.3, and which are not).   As you will see, the “Programs and Law” worksheet page gives you detailed descriptions of the HUD programs.  In addition, it gives you direct links to the regulations identified.

*NEW* -- MITCHELL-LAMA INFORMATION:  In addition to the HUD housing development information, we have now added a new worksheet to our Excel file to help you identify housing developments that are financed in connection with the New York State Mitchell-Lama housing program.    Many HUD multifamily housing developments (particularly HUD Section 236 developments) are structured under the state Mitchell-Lama program.   These developments are subject to a layer of supervision by the state in addition to the federal requirements.    Note: The worksheet includes all Mitchell-Lama developments. Many of the housing developments listed here that are NOT assisted through a HUD financing program, but they may still have a  HUD direct subsidy contract (such as Section 8 New Construction subsidies). If so, that information should also be listed in the report.  Clicking on the hyperlink in the  development’s name will take you to detailed financing information for that development from the state’s 2007 Annual Report (the  most recent  available).  The applicable state regulation regarding termination by the owner( 9 NYCRR 1727-5.3) is also set out on the worksheet.  Remember, the Mitchell-Lama occupancy regulations were significantly amended in November 2009.  Under the 1727-5.3(b)(2), and under the amended regulation,  “Any petition to recover possession should include an affirmative statement that the housing company is organized under Article II or IV of the Private Housing Finance Law as applicable and subject to supervision by the commissioner.”

Our database is presently updated based upon the HUD-downloaded file current to August 4 of 2010.  It will be updated periodically.  HUD now updates the national database monthly but because we reformat the information, we are likely to update our database quarterly or so.  If you happen to be dealing with a housing development that has an imminent or recent expiration date, check the HUD database for updates.

For legal services advocates representing low-income client in eviction proceedings we also separately have available sample pleading language regarding some of the federal requirements which can be used in responsive pleadings.  (Contact mhanley@empirejustice.org)

 





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