New York (State). Division of Housing and Community Renewal

CURRENT FUNCTIONS. The Division of Housing and Community Renewal provides financial and technical assistance for a wide variety of community development programs and establishes and enforces housing regulations.

The division provides financial assistance by making urban renewal grants to municipalities and nonprofit organizations and by funding nonprofit neighborhood preservation companies and rural housing and community preservation organizations. It provides technical assistance by supervising low- and middle-income housing projects and advising local municipal-development corporations. The division regulates rents in New York City, Albany, Buffalo, and a number of other upstate municipalities and provides staff for the State Fire Prevention and Building Code Council, which developed and enforces the Uniform Fire Prevention and Building Code statewide. The commissioner of housing and community renewal also serves as a member of the New York State Housing Finance Agency and is chairperson and chief executive officer of the Roosevelt Island Operating Corporation, both public benefit corporations.

ORGANIZATIONAL HISTORY. State policies concerning housing date from the creation of a temporary Tenement House Commission in 1900 (Chapter 279) to study urban housing conditions. The following year the legislature acted on the commission's recommendations by passing the Tenement House Law (Chapter 334), requiring local governments to enforce minimum safety and sanitation standards in apartment buildings.

Housing problems intensified following World War I, and in 1920 the legislature declared that inadequate housing posed a public emergency. The next year a series of rent-control and tax-exemption laws were passed to protect renters and to encourage construction of housing. In 1923 (Chapter 694), a Housing and Regional Planning Bureau was established in the Department of Architecture to evaluate the effectiveness of these laws. As a result of a statewide reorganization of government, this bureau was transferred to the Division of Architecture in the Department of Public Works in 1926 (Chapter 348). That same year the bureau's studies led to the passage of the State Housing Law (Chapter 823), creating a State Board of Housing also within the Division of Architecture. The board consisted of the state architect ex officio plus five members appointed by the governor. It was charged with studying and preparing plans to meet the state's housing needs, cooperating with local housing boards, investigating monopolies in the supply of building materials, approving the formation of limited dividend corporations, and approving and supervising low-rent housing projects undertaken by these corporations. The Bureau of Housing and Regional Planning and the State Board of Housing were both transferred to the Department of State in 1932 (Chapter 507) and designated the Division of Housing under the direction of the Board of Housing.

A major change in state housing policy occurred in 1938 when a constitutional amendment authorized the use of state funds for housing projects. That same year the Division of Housing was transferred to the Executive Department (Chapter 270), and in 1939 (Chapter 809) the State Board of Housing was replaced by a superintendent of housing as head of the division. Enabling legislation establishing procedures for granting state housing loans and subsidies under the constitutional amendment was enacted in 1940 (Chapter 148), and the title of superintendent was replaced with that of commissioner of housing. In 1961 (Chapter 398) the division assumed its present title of Division of Housing and Community Renewal.

Meanwhile, the state began to study the availability and quality of rental housing through the Temporary State Commission to Study Rents and Rental Conditions, created in 1948 (Chapter 675). Two years later (Chapter 250), the Temporary State Housing Rent Commission was created and empowered to establish and enforce maximum rent limits in selected urban areas. All powers and duties of this commission were transferred to the Division of Housing and Community Renewal in 1964 (Chapter 244).

Building code regulation also became an area of study in the late 1940s. In 1949 (Chapter 700) the State Building Code Commission was created and empowered to formulate and adopt regulations relating to the construction of all buildings in the state. The resulting State Building Construction Code established minimum building construction standards statewide, although responsibility for enforcement of the code remained with local officials. Ten years later (Chapter 198) the commission was abolished and all of its duties transferred to the Division of Housing.

From the description of Division of Housing and Community Renewal Agency History Record. (New York State Archives). WorldCat record id: 80351335

In 1981 the Uniform Fire Prevention and Building Code was enacted to supercede the outdated State Building Construction Code and State Building Conservation and Fire Protection Code. Among its provisions, the law established the Uniform Fire Prevention and Building Code Council and administratively placed it under the Division of Housing and Community Renewal (DHCR). The DHCR commissioner chaired the council.

In 1996, the Uniform Fire Prevention and Building Code was amended (Chapter 309) to provide for the transfer of the council and its activities to the Dept. of State.

From the description of Meeting minutes of various building code councils, 1949-1982 (bulk 1949-1956, 1961-1982) (New York State Archives). WorldCat record id: 151675088

Functions pertaining to regulation of housing construction and enforcement of building codes were originally executed by the State Building Code Commission, which was established under Chapter 800 of the Laws of 1951. This statute required the commission to appoint three of its members to a State Building Construction Board of Review that performed functions almost identical to those later assigned to the modern Regional Boards of Review.

In 1961 (Chapter 197) the State Building Code Commission was abolished and replaced by the State Building Code Council, which was administratively placed within the Division of Housing. The State Building Construction Board of Review was retained and continued its responsibilities.

Chapter 707 of the Laws of 1981 (Article 18 of the Executive Law) authorized the secretary of state to promulgate rules and regulations prescribing minimum standards for the administration and enforcement of the NYS Uniform Fire Prevention and Building Code. This included establishing and implementing procedures to grant variances to any provision or requirement of the code in cases when strict compliance could entail practical difficulties or unnecessary hardship, or would otherwise be unwarranted. The law also provided for establishment of five Regional Boards of Review to grant such variances.

Although enacted in 1981, provisions of Chapter 707 did not become effective until January 1, 1984. In 1984, the functions of the former State Building Code Council remained with the DHCR. Only the functions of the State Building Construction Board of Review were transferred to the Dept. of State (DOS). The DOS's Codes Division adminsters the variance procedure and provides administrative support for the Boards.

Since 1984, persons or organizations seeking a variance submit petitions to the DOS Codes Division. Upon receipt of a petition, a Codes Division analyst determines if all information necessary to complete a review is present. If not, the division informs the petitioner what is needed. Upon review of completed petitions, Codes Division staff either issue or deny the variance or refer the petition to one of the Regional Boards, depending on the class of building and type of variance required.

Decisions rendered by division staff deal with routine petitions; the regional boards deal with more complicated ones. Cases are classified according to standards stated in 19 NYCRR 450.6. Following hearings, board staff forward all original hearing records to Codes Division offices in Albany. Division staff use these records to prepare detailed formal decisions, copies of which go to the applicant and the local government building department. The DOS central division office is the office of record for all original records relating to variances.

From the description of Decisions on variance petitions, 1967-1984. (New York State Archives). WorldCat record id: 151675039

State policies concerning housing date from the creation of a temporary Tenement House Commission in 1900 (Chapter 279) to study urban housing conditions. The following year the legislature acted on the commission's recommendations by passing the Tenement House Law (Chapter 334), requiring local governments to enforce minimum safety and sanitation standards in apartment buildings.

Housing problems intensified following World War I, and in 1920 the legislature declared that inadequate housing posed a public emergency. The next year a series of rent-control and tax-exemption laws were passed to protect renters and to encourage construction of housing. In 1923 (Chapter 694), a Housing and Regional Planning Bureau was established in the Department of Architecture to evaluate the effectiveness of these laws. As a result of a statewide reorganization of government, this bureau was transferred to the Division of Architecture in the Department of Public Works in 1926 (Chapter 348). That same year the bureau's studies led to the passage of the State Housing Law (Chapter 823), creating a State Board of Housing also within the Division of Architecture. The board consisted of the state architect ex officio plus five members appointed by the governor. It was charged with studying and preparing plans to meet the state's housing needs, cooperating with local housing boards, investigating monopolies in the supply of building materials, approving the formation of limited dividend corporations, and approving and supervising low-rent housing projects undertaken by these corporations. The Bureau of Housing and Regional Planning and the State Board of Housing were both transferred to the Department of State in 1932 (Chapter 507) and designated the Division of Housing under the direction of the Board of Housing.

A major change in state housing policy occurred in 1938 when a constitutional amendment authorized the use of state funds for housing projects. That same year the Division of Housing was transferred to the Executive Department (Chapter 270), and in 1939 (Chapter 809) the State Board of Housing was replaced by a superintendent of housing as head of the division. Enabling legislation establishing procedures for granting state housing loans and subsidies under the constitutional amendment was enacted in 1940 (Chapter 148), and the title of superintendent was replaced with that of commissioner of housing. In 1961 (Chapter 398) the division assumed its present title of Division of Housing and Community Renewal.

Meanwhile, the state began to study the availability and quality of rental housing through the Temporary State Commission to Study Rents and Rental Conditions, created in 1948 (Chapter 675). Two years later (Chapter 250), the Temporary State Housing Rent Commission was created and empowered to establish and enforce maximum rent limits in selected urban areas. All powers and duties of this commission were transferred to the Division of Housing and Community Renewal in 1964 (Chapter 244).

In 1969, New York City expanded existing rent stabilization laws through the enactment of the Rent Stabilization Law of 1969. This new law placed approximately 400,000 previously exempt apartments under a new system of rent regulation. In 1971, the State passed several laws designed to gradually deregulate the rent-controlled and rent-stabilized housing stock. In response to tenant concerns about this deregulation, the State passed the Emergency Tenant Protection Act of 1974 (ETPA), which provided for a stabilization system in Nassau, Rockland and Westchester counties in municipalities choosing to adopt the regulations. The Division was directed to implement ETPA in these counties. ETPA also amended the New York City Rent Stabilization Law, thereby re-regulating many decontrolled apartments and placing additional buildings under stabilization for the first time. Despite this, it was not until 1983 that the State gave the Division the responsibility for administering New York City's rent control and rent stabilization programs.

Building code regulation also became an area of study in the late 1940s. In 1949 (Chapter 700) the State Building Code Commission was created and empowered to formulate and adopt regulations relating to the construction of all buildings in the state. The resulting State Building Construction Code established minimum building construction standards statewide, although responsibility for enforcement of the code remained with local officials. Ten years later (Chapter 198) the commission was abolished and all of its duties transferred to the Division of Housing.

From the New York State Archives, Cultural Education Center, Albany, NY. Agency record NYSV86-A346