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  • 101-01 One Group, Llc v. New York City Department Of Housing Preservation And Development, New York City Department Of FinanceSpecial Proceedings - CPLR Article 78 document preview
  • 101-01 One Group, Llc v. New York City Department Of Housing Preservation And Development, New York City Department Of FinanceSpecial Proceedings - CPLR Article 78 document preview
  • 101-01 One Group, Llc v. New York City Department Of Housing Preservation And Development, New York City Department Of FinanceSpecial Proceedings - CPLR Article 78 document preview
  • 101-01 One Group, Llc v. New York City Department Of Housing Preservation And Development, New York City Department Of FinanceSpecial Proceedings - CPLR Article 78 document preview
  • 101-01 One Group, Llc v. New York City Department Of Housing Preservation And Development, New York City Department Of FinanceSpecial Proceedings - CPLR Article 78 document preview
  • 101-01 One Group, Llc v. New York City Department Of Housing Preservation And Development, New York City Department Of FinanceSpecial Proceedings - CPLR Article 78 document preview
  • 101-01 One Group, Llc v. New York City Department Of Housing Preservation And Development, New York City Department Of FinanceSpecial Proceedings - CPLR Article 78 document preview
  • 101-01 One Group, Llc v. New York City Department Of Housing Preservation And Development, New York City Department Of FinanceSpecial Proceedings - CPLR Article 78 document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/30/2023 EXHIBIT A FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/30/2023 NYC Department of Housing Preservation and Development Division of Housing Incentives Department of Housing Peservanon & Developmem Mail to: NYC Department of Housing Preservation and Development 421-a Partial Tax Exemption Program, 100 Gold Street, 3rd floor, Section 3Y, New York, NY 10038 (212) 863-8540 Fax (212) 863-5899 Instructions: Once you have completed filling out the application and have submitted it electronically to HPD, you must also print, sign and send a hard-copy to the 421-a Partial Tax Exemption Program at HPD along with all required affidavits and documentation. If construction commenced on or after December 28, 2007, each multiple dwelling must contain four (4) dwelling units or more (unless it is built with substantial government assistance). If construction commenced before December 28, 2007, three (3) or more dwelling units is sufficient. Entity Type Limited Liability Company (LLC) Entity Name 101-01 One Group LLC Name Joseph Giahn Title Member House No 41-06 Street Name Junction Boulevard . 7 PO Box/Suite/Floor p. City Corona State NY Country USA Zip code 11368 r p Phone Fax ~© P G Email n Filing Representative Type Entity Company Name Gary Rosen Law Firm PA Name of Contact Person Name Gary Rosen House No 1010 Street Name Northern Boulevard PO Box/Suite/Floor Suite 308 City Great Neck State NY Country USA Zip code 11021 Phone (516) 437-3400 Fax (516) 706-4981 Email grosen@garyrosen.com Commencement of construction date 09/07/2011 Estimated Year of Construction Completion 06/30/2012 Borough QUEENS Block 01767 Lot 0059 Tax Class 1 Base Year AV $14,815.00 GEA N REMIC Y NPP Y Will the project involve any subdivision or merger of current lot(s)? N ....... ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. . . . . . .... . . . . . . . ... . .. .. . . . ... . . .... . House Number 101-01 Street Name 39 Avenue Zip Code 11368 Tentative Lot 59 Are negotiable certificates being used to qualify a project located in a 421-a geographic exclusion N area? Page 1 of 8 Project Sequence No.32573 (FINAL) FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/30/2023 Will this project or any part of this project be receiving tax exemption or tax abatement under any N other provision of state or local law? Was this project site mapped as a public park or utilized for 10 or more consecutive years as a N private park immediately prior to October 1, 1971? Will any part of this project be used as a hotel or for single room occupancy ? N Does this project contain more than 20 dwelling units? N Were there Class A residential units on the site one month prior to the start of construction? N/A Does the new project contain at least 5 dwelling units for each Class A dwelling unit on the site one N/A month prior to the new construction? Is the project being constructed with Substantial Governmental Assistance? N is the Substantial Governmental Assistance pursuant to a program for the development of affordable housing? N/A Are at least 20% of the projeces units subject to affordability restrictions? N There is a requirement that at least 20% of the onsite units be affordable to Low and Moderate N/A Income households, as defined in 28 RCNY § 6-01 (c). There is a requirement that at least 20% of the onsite units be affordable to individuals and N/A families at or below 80% of Area Median Income(AMI). There is a requirement that at least 20% of the onsite units be affordable to individuals and N/A families at or below 60% of AMI. There is a requirement that at least 20% of the onsite units be affordable to individuals and N/A families at or below 120% of AMI, and the average AMI does not exceed 90%. There is a requirement that at least 20% of the onsite units be affordable to individuals and N/A families at or below 120% of AMI. There is a requirement that at least 20% of the onsite units be affordable to individuals and N/A families at or below 125% of AMI. Did you purchase the lot within two (2) years prior to the start of construction? N Please enter purchase price: N/A Did you purchase the lot more than two (2) years prior to the start of construction? Y Please enter appraised value at the start of construction: $600,000.00 Is the lot being performed under a ground lease? Please indicate monthly rent payable during period of construction: N/A Please indicate length of a ground lease in months: N/A Total Construction Costs: $422,184.00 Total Builder's Fee/Developer's Profit: $0.00 Total Professional and Other Fees: $73,802.00 Total Marketing Expenses: $0.00 Total Financing and Other Charges: $102,200.00 Page 2 of 8 Project Sequence No.32573 (FINAL) FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/30/2023 Total Project Cost: $1,198,186.00 Labor (for 6 plus units only): $0.00 Contractor services: $2,000.00 Fuel: $0.00 Electricity: $1,000.00 Insurance: $2,800.00 Water and sewer: $3,000.00 Vacancy, management & administrative fees: $13,706.00 Parts and supplies: $3,400.00 Gas: $1,000.00 Real estate taxes: $2,500.00 Replacement reserve: $0.00 Other: $1,000.00 Total annual costs for entire project: $30,406.00 Parking: $0.00 Commercial space: $0.00 Washing and vending machines: $0.00 Other income sources (a): $0.00 Descriptions: Other income sources (b): $0.00 Descriptions: Other income sources (c): $0.00 Descriptions: Total annual non-housing income: $0.00 Page 3 of 8 Project Sequence No.32573 (FINAL) FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/30/2023 Did any portion of the building apply for the Industrial and Commercial Incentive Program (ICIP) N Does the building include new residential construction and the concurrent conversion, alteration N or improvement of a pre-existing building or structure? Commencement of construction date 09/07/2011 DOB/BIS Job Number 410021248 Building Permit Type New Building Permit # of Non-Residential Floor Residential #0 #1 #2 #3 #4 #5 #6 #7 #8 Dwelling # Rooms A.F.A. and Ineligible A.F.A. BR BR BR BR BR BR BR BR BR Units Residential A.F.A. C 446.27 0 0 0 0 0 0 0 0 0 0.00 0.00 0.00 Non-ResidentialA.F.A. and Ineligible ResidentialA.F.A. Description Duplexto 1st fl 4 775.00 0 0 0 O 0 0 0 0 O 0.00 0.00 0.00 Non-ResidentialA.F.A. and Ineligible ResidentialA.F.A. Description Duplexto 3rd FI 3 1,150.00 0 1 O 1 0 0 0 0 0 2.00 9.00 0.00 Non-ResidentialA.F.A. and Ineligible ResidentialA.F.A. Description 2 1,150.00 0 2 0 0 0 0 0 0 0 2.00 7.00 0.00 Non-ResidentialA.F.A. and lneligible ResidentialA.F.A. Description 1 723.60 0 1 0 0 0 0 0 0 0 1.00 3.50 0.00 Non-ResidentialA.F.A. and Ineligible ResidentialA.F.A. Description 1. Will there be parking associated with this building? Y 2. Is the parking applying for 421-a benefits? Y 3. Is the parking applying for 421-a benefits accessory to the residential portion of the building? Y 4. Is the parking applying for 421-a benefits inside the subject building? N 5. Is the parking applying for 421-a benefits located off-street? Y 6. Is the parking applying for 421-a benefits accessory to the commercial portion of the building? N 7. Will this project contain parking or other spaces that will be subdivided into individual tax lots? N Address: 101-01 39 Avenue Tentative Lot: 59 Floor #0 #1 #2 #3 #4 #5 #6 #7 #8 #Rooms Residential Non-Residential A.F.A. B B BR BR BR BR BR BR A.F.A. and Ineligible Residential ... 1 0 1 0 0 0 0 0 0 0 3.50 723.60 0.00 ................. . .. .. .. .. . . .............. .............................................. 2 0 2 0 0 0 0 0 0 0 7.00 1,150.00 0.00 ................. . . .. ...................................... ... . ......................... Page 4 of 8 Project Sequence No.32573 (FINAL) FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/30/2023 3 0 1 0 1 0 0 0 0 O 9.00 1,150.00 0.00 .... ............ .. .. .. .. .. .. ................. 4 0 0 0 0 0 0 0 0 0 0.00 775.00 0.00 . ........... ... .. .. .. .. .. .. . . . . . ..... . . . .. . . ..................................... ...... ..... C 0 0 0 0 0 0 0 0 O 0.00 446.27 0.00 Totals: 5 0 4 0 1 0 0 0 0 0 19.50 4,244.87 0.00 # Dwelling Units: 5 / # Rooms: 19.50 Commercial, etc. area in excess of 12% 0.00% Total Square Feet of Finished Space 4,244.87 Total Square Feet of Balcony Space 625.00 Total Square Feet of Unfinished Space 0.00 Average Square Feet Per Dwelling Unit Total Net SF of Dwelling Units No Apt. No Rent 1 1 $ 2,938.00 2 2a $ 2,938.00 3 2b $ 2,938.00 4 3a $ 2,938.00 5 3b $ 4,673.00 Your submitted summary of proposed initial rents reflecting an average per room per month o $842.31 is approved. You may set your individual apartment rents to suit your marketing needs, but the maximum gross monthly rental for your apartment may not exceed $16,425.00. Prior to the completion of your project, events may occur necessitating an increase in your initial rent schedule. This office must be advised of these changes, and documentation must be submitted in advance in support of such changes. Initial rents may not be increased after the issuance of a final certificate of eligibility except as the law permits. In the case of rental properties, the first rent becomes the base rent for all future increases approved by the New York City Rent Guidelines Board. A copy of the HPD approved rent schedule must be attached to all initial leases. All rental multiple dwellings receiving 421-a benefits must register with the NYS Division of Housing and Community Renewal (DHCR) to enjoy the benefits of the 421-a program. The initial and each successive owner must maintain DHCR registration of the property for the entire period the property is receiving 421-a benefits. Page 5 of 8 Project Sequence No.32573 (FINAL) FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/30/2023 To qualify for 421-a benefits, a site must have been vacant, predominantly vacant, underutilized, or improved with a non-conforming use three years prior to the start of construction (i.e. "Operative Date"). In order to determine if your project qualifies for 421-a benefits, this section of the application will take you through a number of questions which will determine your site eligibility. You must complete this section for each of the lots for which you are applying for 421-a benefits. Please enter the information as of the Operative Date. Commencement of Construction Date: 9/7/2011 Operative Date: 09/07/2008 Total land area of lot (Square Feet): 3,118.13 Square footage of site: 3,118.13 Test 1: The question below will test your site's eligibility based on vacant lot. Actual Assessed Valuation of improvements on the lot in the Fiscal Year in which the Operative Date falls: $9,754.00 This site is ineligible based on this test because the actual assessed valuation of the improvements on the lot was not less than or equal to $2,000. Please move on to the next site eligibility test. Test 2: The questions below will test your site's eligibility based on a vacant portion of the former lot as of the Operative Date. Is there an existing building that will not be demolished and will remain on the lot? N Is the new multiple dwelling being constructed on a vacant portion of the lot as of the Operative Date? This site is ineligible based on this test because the land that you are building on is not vacant. Please move on to the next site eligibility test. Test 3: The questions below will test your site's eligibility based on predominantly vacant land as of the Operative Date. Length of footprint of improvement (sq ft): 38.00 Width of footprint of improvement (sq ft): 38.00 Total area of footprint of improvement on lot (sq ft): 1,444.00 Total land area of lot (sq ft): 3,118.13 This site is ineligible based on this test because the area of the footprint of the improvement is not less than or equal to 15% of the land area of the lot. Please move on to the next site eligibility test. Test 4: The questions below will test your site's eligibility based on underutilized buildings as of the Operative Date. Was there a building(s) on the lot on the Operative Date? Y What was the tax class of the lot on the Operative Date? 1 Test 5: The questions below will test your site's eligibility based on underutilized former residential building(s) (A.F.A test). Length Width # Stories Total House Story: 35 25 2 1,750.00 Garage Story: 35 25 1 875.00 Shed Story: 0 0 O 0.00 Page 6 of 8 Project Sequence No.32573 (FINAL) FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/30/2023 Other Story: 0 0 O 0.00 .................................................. ... . . ......... Total (AFA of former residential building(s)): 2,625.00 Square footage of site: 3,118.13 Square footage of lot: 3,118.13 AFA of the new multiple dwelling, pro-rated: 4,221.54 70% of the AFA of the New Multiple Dwelling: 2,955.08 This site has passed this 421-a eligibility test. When you complete this electronic application please submit a survey to HPD in addition to other required documentation. Lot Square Feet 421-a Eligible I 0059 3118.13 Pass The Project is subject to the Exemption Cap. Please see §421-a(9). Part A: Contact Information for Certifying Professionals Architeces/Engineers Certification to be provided by: Name Steve S. Chon Business Name Chon Engineering PC House No 163-32 Street Northern Blvd, Suite 2R City Flushing State NY Phone Number (718) 886-8781 Opinion of Counsel to be provided by: Name Gary Rosen Business Name Gary Rosen Law Firm, PA House No 1010 Street Northern Blvd., Suite 308 City Great Neck State NY Phone Number (516) 437-3400 Page 7 of 8 Project Sequence No.32573 (FINAL) FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/30/2023 Submit the most recent approved building plans. However, if the most recent approved building plans were already submitted to HPD as part of an earlier Architects/Engineer's Certification, you do not need to re-submit the building plans. Appraisal documentation Surveys Architects/Engineer's Certification Opinion of Counsel Please Keep a Copy of this Application for Your Records. Page 8 of 8 Project Sequence No.32573 (FINAL)