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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. 22 RECEIVED NYSCEF: 06/30/2023 EXHIBIT E FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 ADOLFO CARRIÓN JR. Office of Development, Housing Incentives Commissioner Division of Compliance & Enforcement KIMBERLY DARGA 100 Gold Street, Room 5-G2 Acting Deputy Commissioner New York, N.Y. 10038 KAMILLA SJÖDIN Assistant Commissioner nyc.gov/hpd April 14, 2022 101-01 ONE GROUP, LLC 101-01 39TH AVENUE CORONA NY 11368 NOTICE OF IMPENDING REVOCATION RE: TEO10102 Block 1767 , Lot 59 101-01 39 AVENUE, QUEENS (“Property”) Dear Owner: A review of rent registration records indicates that you have failed to file 2017-2021 annual building and apartment registrations for the Property listed above. This is a violation of 421-a tax benefit requirements. As a recipient of the partial tax exemption pursuant to Section 421-a(1)-(15) of the Real Property Tax Law (“Tax Benefit”), the Property and its dwelling units are subject to rent stabilization and must be annually registered with New York State Division of Housing and Community Renewal (“DHCR”) for every year since the building completed construction through and including the current registration cycle. This includes housing accommodations that operate as rentals as well as owner-occupied units. Failing to register with DHCR violates New York Real Property Tax Law Section 421-a(2)(f) and Section 6-02(g) of Title 28 of the Rules of the City of New York. HPD now seeks to retroactively revoke the 421-a Tax Benefit from the date upon which the Property initially began receiving such Tax Benefit for failing to file the 2017-2021 annual registrations for the building and its dwelling units (“Cause”). TO CURE YOUR VIOLATION AND AVOID REVOCATION OF YOUR 421-a TAX BENEFIT, YOU MUST COMPLETE ALL OF THE FOLLOWING BY JULY 13, 2022: 1) Complete the 2017-2021 Annual Registration: FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 (a) Annual building summary and individual apartment registrations for 2017-2021 must be completed online using DHCR’s Annual Rent Registration Online (“ARRO”) system. Detailed instructions for ARRO and a link to the system can be found at https://hcr.ny.gov/rent-registration. Frequently asked questions regarding ARRO can also be found at: https://hcr.ny.gov/rent-reg-annual-rent- registration-online-arro-faqs. (b) The Tax Benefit also requires that all rental dwelling units be designated as either 421-a market rate or 421-a income restricted units (with a total unit count for both) on DHCR’s registration forms. (c) If there was a change in ownership and you are a new property owner, you must complete the RA-44 form prior to filing any registrations with DHCR and obtaining a User ID for the ARRO system. The RA-44 form can be found at https://hcr.ny.gov/form-ra-44; and 2) After completing the registration process, please contact HPD at 421aRentRegistration@hpd.nyc.gov or 212-863-7676. If HPD confirms that you have correctly completed the registration process in a timely manner, your Tax Benefit will not be revoked. ALTERNATIVELY, YOU MAY SUBMIT WRITTEN COMMENTS AND/OR INFORMATION TO HPD REGARDING THE POTENTIAL CAUSE FOR REVOCATION ON OR BEFORE JUNE 13, 2022. This information may include but is not limited to: (i) proof that your Property is properly registered with DHCR for 2017-2021; (ii) proof that you previously submitted the 2017-2021 annual registrations with DHCR, but the registrations have not been reflected in ARRO; or (iii) any other information you may have to indicate compliance with the registration requirements for your Property for 2017-2021. Please send your documentation or comments with a copy of this Notice by JUNE 13, 2022 to: Kamilla Sjödin, Esq., Assistant Commissioner HPD, Office of Development, Housing Incentives Compliance & Enforcement 100 Gold Street, Room 5-G2 New York, NY 10038 Or by email to: 421aRentRegistration@hpd.nyc.gov. If HPD (i) does not receive written comments and/or information, or (ii) determines after reviewing such written comments and/or information that there is no factual issue concerning the Cause for revocation of the Tax Benefit that would be resolved in your favor (“Factual Issue”), then HPD will deliver a Determination Notice affirming that the Tax Benefit has been revoked FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 retroactively to the date upon which the Property initially began to receive such Tax Benefit, including, if applicable, revocation of any Tax Benefit received for the period of construction of the Property. Such revocation shall require the repayment of all taxes that would have been owed to the City absent the Tax Benefit. Furthermore, such revocation does not exempt any unit in the Property from the continuing obligation to comply with the requirements of the Tax Benefit, including rent stabilization. If HPD determines that a Factual Issue exists, HPD will deliver a notice to you informing you of your right to a hearing and the deadline for requesting such a hearing. If the request is timely, HPD will send you a subsequent notice regarding the hearing particulars and process. Please contact HPD with any questions regarding this Notice at 212-863-7676. If you have any questions about DHCR registrations, you may contact DHCR’s Rent Information line at (718) 739-6400 or go to https://hcr.ny.gov/ for more information. Sincerely, Kamilla Sjödin, Esq. Assistant Commissioner Compliance & Enforcement Housing Incentives FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 ADOLFO CARRIÓN JR. Office of Development, Housing Incentives Commissioner Division of Compliance & Enforcement KIMBERLY DARGA 100 Gold Street, Room 5-G2 Acting Deputy Commissioner New York, N.Y. 10038 KAMILLA SJÖDIN Assistant Commissioner nyc.gov/hpd April 14, 2022 NEW YORK COMMUNITY BANK 102 DUFFY AVENUE 3TD FLOOR HICHSVILLE NY 11801 NOTICE OF IMPENDING REVOCATION RE: TEO10102 Block 1767 , Lot 59 101-01 39 AVENUE, QUEENS (“Property”) Dear Owner: A review of rent registration records indicates that you have failed to file 2017-2021 annual building and apartment registrations for the Property listed above. This is a violation of 421-a tax benefit requirements. As a recipient of the partial tax exemption pursuant to Section 421-a(1)-(15) of the Real Property Tax Law (“Tax Benefit”), the Property and its dwelling units are subject to rent stabilization and must be annually registered with New York State Division of Housing and Community Renewal (“DHCR”) for every year since the building completed construction through and including the current registration cycle. This includes housing accommodations that operate as rentals as well as owner-occupied units. Failing to register with DHCR violates New York Real Property Tax Law Section 421-a(2)(f) and Section 6-02(g) of Title 28 of the Rules of the City of New York. HPD now seeks to retroactively revoke the 421-a Tax Benefit from the date upon which the Property initially began receiving such Tax Benefit for failing to file the 2017-2021 annual registrations for the building and its dwelling units (“Cause”). TO CURE YOUR VIOLATION AND AVOID REVOCATION OF YOUR 421-a TAX BENEFIT, YOU MUST COMPLETE ALL OF THE FOLLOWING BY JULY 13, 2022: 1) Complete the 2017-2021 Annual Registration: FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 (a) Annual building summary and individual apartment registrations for 2017-2021 must be completed online using DHCR’s Annual Rent Registration Online (“ARRO”) system. Detailed instructions for ARRO and a link to the system can be found at https://hcr.ny.gov/rent-registration. Frequently asked questions regarding ARRO can also be found at: https://hcr.ny.gov/rent-reg-annual-rent- registration-online-arro-faqs. (b) The Tax Benefit also requires that all rental dwelling units be designated as either 421-a market rate or 421-a income restricted units (with a total unit count for both) on DHCR’s registration forms. (c) If there was a change in ownership and you are a new property owner, you must complete the RA-44 form prior to filing any registrations with DHCR and obtaining a User ID for the ARRO system. The RA-44 form can be found at https://hcr.ny.gov/form-ra-44; and 2) After completing the registration process, please contact HPD at 421aRentRegistration@hpd.nyc.gov or 212-863-7676. If HPD confirms that you have correctly completed the registration process in a timely manner, your Tax Benefit will not be revoked. ALTERNATIVELY, YOU MAY SUBMIT WRITTEN COMMENTS AND/OR INFORMATION TO HPD REGARDING THE POTENTIAL CAUSE FOR REVOCATION ON OR BEFORE JUNE 13, 2022. This information may include but is not limited to: (i) proof that your Property is properly registered with DHCR for 2017-2021; (ii) proof that you previously submitted the 2017-2021 annual registrations with DHCR, but the registrations have not been reflected in ARRO; or (iii) any other information you may have to indicate compliance with the registration requirements for your Property for 2017-2021. Please send your documentation or comments with a copy of this Notice by JUNE 13, 2022 to: Kamilla Sjödin, Esq., Assistant Commissioner HPD, Office of Development, Housing Incentives Compliance & Enforcement 100 Gold Street, Room 5-G2 New York, NY 10038 Or by email to: 421aRentRegistration@hpd.nyc.gov. If HPD (i) does not receive written comments and/or information, or (ii) determines after reviewing such written comments and/or information that there is no factual issue concerning the Cause for revocation of the Tax Benefit that would be resolved in your favor (“Factual Issue”), then HPD will deliver a Determination Notice affirming that the Tax Benefit has been revoked FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 retroactively to the date upon which the Property initially began to receive such Tax Benefit, including, if applicable, revocation of any Tax Benefit received for the period of construction of the Property. Such revocation shall require the repayment of all taxes that would have been owed to the City absent the Tax Benefit. Furthermore, such revocation does not exempt any unit in the Property from the continuing obligation to comply with the requirements of the Tax Benefit, including rent stabilization. If HPD determines that a Factual Issue exists, HPD will deliver a notice to you informing you of your right to a hearing and the deadline for requesting such a hearing. If the request is timely, HPD will send you a subsequent notice regarding the hearing particulars and process. Please contact HPD with any questions regarding this Notice at 212-863-7676. If you have any questions about DHCR registrations, you may contact DHCR’s Rent Information line at (718) 739-6400 or go to https://hcr.ny.gov/ for more information. Sincerely, Kamilla Sjödin, Esq. Assistant Commissioner Compliance & Enforcement Housing Incentives FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 ADOLFO CARRIÓN JR. Office of Development, Housing Incentives Commissioner Division of Compliance & Enforcement KIMBERLY DARGA 100 Gold Street, Room 5-G2 Acting Deputy Commissioner New York, N.Y. 10038 KAMILLA SJÖDIN Assistant Commissioner nyc.gov/hpd April 14, 2022 101-01 ONE GROUP, LLC 4056 JUNCTION BLVD. CORONA NY 11368-5837 NOTICE OF IMPENDING REVOCATION RE: TEO10102 Block 1767 , Lot 59 101-01 39 AVENUE, QUEENS (“Property”) Dear Owner: A review of rent registration records indicates that you have failed to file 2017-2021 annual building and apartment registrations for the Property listed above. This is a violation of 421-a tax benefit requirements. As a recipient of the partial tax exemption pursuant to Section 421-a(1)-(15) of the Real Property Tax Law (“Tax Benefit”), the Property and its dwelling units are subject to rent stabilization and must be annually registered with New York State Division of Housing and Community Renewal (“DHCR”) for every year since the building completed construction through and including the current registration cycle. This includes housing accommodations that operate as rentals as well as owner-occupied units. Failing to register with DHCR violates New York Real Property Tax Law Section 421-a(2)(f) and Section 6-02(g) of Title 28 of the Rules of the City of New York. HPD now seeks to retroactively revoke the 421-a Tax Benefit from the date upon which the Property initially began receiving such Tax Benefit for failing to file the 2017-2021 annual registrations for the building and its dwelling units (“Cause”). TO CURE YOUR VIOLATION AND AVOID REVOCATION OF YOUR 421-a TAX BENEFIT, YOU MUST COMPLETE ALL OF THE FOLLOWING BY JULY 13, 2022: 1) Complete the 2017-2021 Annual Registration: FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 (a) Annual building summary and individual apartment registrations for 2017-2021 must be completed online using DHCR’s Annual Rent Registration Online (“ARRO”) system. Detailed instructions for ARRO and a link to the system can be found at https://hcr.ny.gov/rent-registration. Frequently asked questions regarding ARRO can also be found at: https://hcr.ny.gov/rent-reg-annual-rent- registration-online-arro-faqs. (b) The Tax Benefit also requires that all rental dwelling units be designated as either 421-a market rate or 421-a income restricted units (with a total unit count for both) on DHCR’s registration forms. (c) If there was a change in ownership and you are a new property owner, you must complete the RA-44 form prior to filing any registrations with DHCR and obtaining a User ID for the ARRO system. The RA-44 form can be found at https://hcr.ny.gov/form-ra-44; and 2) After completing the registration process, please contact HPD at 421aRentRegistration@hpd.nyc.gov or 212-863-7676. If HPD confirms that you have correctly completed the registration process in a timely manner, your Tax Benefit will not be revoked. ALTERNATIVELY, YOU MAY SUBMIT WRITTEN COMMENTS AND/OR INFORMATION TO HPD REGARDING THE POTENTIAL CAUSE FOR REVOCATION ON OR BEFORE JUNE 13, 2022. This information may include but is not limited to: (i) proof that your Property is properly registered with DHCR for 2017-2021; (ii) proof that you previously submitted the 2017-2021 annual registrations with DHCR, but the registrations have not been reflected in ARRO; or (iii) any other information you may have to indicate compliance with the registration requirements for your Property for 2017-2021. Please send your documentation or comments with a copy of this Notice by JUNE 13, 2022 to: Kamilla Sjödin, Esq., Assistant Commissioner HPD, Office of Development, Housing Incentives Compliance & Enforcement 100 Gold Street, Room 5-G2 New York, NY 10038 Or by email to: 421aRentRegistration@hpd.nyc.gov. If HPD (i) does not receive written comments and/or information, or (ii) determines after reviewing such written comments and/or information that there is no factual issue concerning the Cause for revocation of the Tax Benefit that would be resolved in your favor (“Factual Issue”), then HPD will deliver a Determination Notice affirming that the Tax Benefit has been revoked FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 retroactively to the date upon which the Property initially began to receive such Tax Benefit, including, if applicable, revocation of any Tax Benefit received for the period of construction of the Property. Such revocation shall require the repayment of all taxes that would have been owed to the City absent the Tax Benefit. Furthermore, such revocation does not exempt any unit in the Property from the continuing obligation to comply with the requirements of the Tax Benefit, including rent stabilization. If HPD determines that a Factual Issue exists, HPD will deliver a notice to you informing you of your right to a hearing and the deadline for requesting such a hearing. If the request is timely, HPD will send you a subsequent notice regarding the hearing particulars and process. Please contact HPD with any questions regarding this Notice at 212-863-7676. If you have any questions about DHCR registrations, you may contact DHCR’s Rent Information line at (718) 739-6400 or go to https://hcr.ny.gov/ for more information. Sincerely, Kamilla Sjödin, Esq. Assistant Commissioner Compliance & Enforcement Housing Incentives FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:39 PM INDEX NO. 153346/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/30/2023 STATE OF NEW YORK ) ) SS.: COUNTY OF NEW YORK ) Renee McMichael, being duly sworn, deposes and says: I am employed at the Department of Housing Preservation and Development of the City of New York. I mailed the attached letter regarding QUEENS, Block 1767, Lot(s) 59, 101-0139 AVENUE on April 14, 2022 to the following address: 101-01 ONE GROUP, LLC 101-0139TH AVENUE CORONA NY 11368 NEW YORK COMMUNITY BANK 102 DUFFY AVENUE 3TD FLOOR HICHSVILLE NY 11801 101-01 ONE GROUP, LLC 4056 JUNCTION BLVD. CORONA NY 11368-5837 by delivering to the United States Postal Service at 114 John Street New York, NY 10038. Renee McMichael Analyst Sworn to before me this 18th day of April 2022. GlNA H SON Notary Public Notary Public, State of New York Reg. No. 02506429043 Qualified in New York County Commission Expires February 7, 2026