Marketing Handbook - NYCHDC

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Marketing HandbookPolicies and Procedures for Resident Selection and OccupancyJanuary 2020

MARKETING HANDBOOK: CONTENTSContents1. INTRODUCTION . 51-1 What This Handbook Is . 51-2 What This Handbook Is Not . 51-3 Revisions . 62. TIMELINE . 72-1 Phases of the Marketing Process . 72-2 Major Milestones in the Marketing Process . 73. BASIC SEQUENCE OF ACTIVITIES. 94. OUTLINE OF PROCEDURES . 114-1 Pre-Marketing . 12A. Inquiry List . 12B. Marketing Meeting . 12C. Marketing Plan. 134-2 Marketing . 15A.B.C.D.E.General Information . 15Outreach . 16Advertisements . 17Project Site Marketing Sign . 19Applications . 194-3 The Lottery Process . 20A. Application Collection . 20B. Paper Application Entry . 21C. Log Generation . 224-4 Applicant Evaluation and Resident Selection . 22A.B.C.D.E.F.G.H.I.J.Ineligibility Policies. 22Order of Processing. 24Reporting . 25Appeals . 26Complaints. 27Processing Applicants . 27Option 1: Direct Document Submission .28Option 2: Eligibility Appointments . 28Remarketing . 30Waiting Lists . 31Page 2 of 68

MARKETING HANDBOOK: CONTENTSK. Agency Review . 325. DETAILED SELECTION POLICIES. 345-1 Set-Asides and Preferences . 35A.B.C.D.E.F.G.Disability Set-Asides . 36Community Preference . 36Municipal Employee Preference . 36Residency Preference for New York City Residents. 36Additional Set-Asides and Preferences . 37Homeless Referrals . 37Referrals . 375-2 Changes to an Application . 38A. Changes to Income . 38B. Changes to Household Composition . 38C. Proof of Extenuating Circumstances . 495-3 Qualification as a Household . 40A. Definitions . 40B. Separation . 415-4 Income Eligibility . 41A.B.C.D.E.F.G.H.I.Income Eligibility at Admission . 41Employment Income . 41Self-Employment Income . 46Combination Income . 48Income Received for Less than One Year . 49Income from Other Sources . 50Sporadic or Non-Recurring Income . 50Asset Certification. 50Clarifying Bank Deposits .515-5 Continuing Need . 52A.B.C.D.E.F.Recent Income History . 52Asset Limits . 53Property Ownership . 54Primary Residence . 54Gifts and Down Payments . 55Other Restrictions . 555-6 Background Checks and Other Factors . 55A. Student Status (IRS Program Units) . 55B. Disability Verification . 55C. Immigration Status/Credit History . 56Page 3 of 68

MARKETING HANDBOOK: CONTENTSD.E.F.G.H.I.Criminal Background Checks . 56Discovery of False Information . 56Rental History and Credit Checks: Rentals . 57Credit Issues and Appeal Process. 60Credit Checks: Homeownership . 60Violence Against Women Act (VAWA) . 605-7 Occupancy Guidelines and Unit Distribution . 61A. Occupancy Guidelines. 61B. Unit Distribution . 62C. Rent Levels and Income Standards. 625-8 Other . 656. SUBMISSIONS AND ONGOING REPORTING REQUIREMENTS . 667. ATTACHMENTS . 67Page 4 of 68

MARKETING HANDBOOK, SECTION 1: INTRODUCTION1-1: What this Handbook Is1-2: What this Handbook Is Not1. Introduction1-1 What This Handbook IsA.This handbook (the “Marketing Handbook”) contains the policies, procedures,and requirements for marketing and selection of residents for developments(“Projects”) assisted by the New York City Department of Housing Preservationand Development (“HPD”) and the New York City Housing DevelopmentCorporation (“HDC”) (together, the “Agencies”).B.Developers, owners, and sponsors of Projects (“Developers”), as well as otheragents or entities responsible for the marketing and resident selection forProjects (“Marketing Agents”) must comply with the Marketing Handbook’spolicies, procedures, and requirements. Marketing Agents may include in-housedepartments of the Developer, subsidiaries, or affiliates of the Developer, orthird-party marketing, leasing, managing, monitoring, or administering agents. AllMarketing Agents must meet certain qualifications and must be approved by theAgency prior to marketing, regardless of whether they are part of the Developer’sorganization or a third party.C.Compliance with the Marketing Handbook will be monitored by either HPD orHDC (whichever is applicable for a particular project is referred to herein as the“Agency”), depending on the project.D.The primary objective of the marketing, lease-up and sales effort is to ensure thatthe process is fair and provides equal opportunity to all applicants, regardless ofrace, color, religion/creed, gender, sexual orientation, gender identity orexpression, national origin, age, disability, military service/veteran status,immigration status, lawful occupation, lawful source of income, marital orpartnership status, pregnancy, presence of children, or status as a victim ofdomestic violence, sexual violence, or stalking. In addition, the process shouldaffirmatively further fair housing by promoting racial, ethnic, income, andgeographic diversity among residents and within the neighborhood, and byproviding applicants with mobility, vision, or hearing disabilities that requireaccessible/adaptable units priority for those units.1-2 What this Handbook Is NotA.The Marketing Handbook is not a comprehensive compliance manual.Developers and Marketing Agents must ensure that their employees are fullytrained in all facets of the program and all aspects of the specific occupancyPage 5 of 68

MARKETING HANDBOOK, SECTION 1: INTRODUCTION1-2: What this Handbook Is Not1-3: Revisionsrequirements of each Project. Maintaining compliance is the responsibility of theDeveloper and Marketing Agent.B.This handbook also does not contain specific occupancy requirements forindividual Projects. Each Developer and Marketing Agent must refer to itsProject’s Regulatory Agreement and other applicable regulations and regulatorydocuments for income, rent, and other occupancy restrictions.C.The Developer or Marketing Agent should consult with the Agency if anyquestions or concerns arise with respect to the policies, procedures, andrequirements set forth in the Marketing Handbook.D.Actual marketing and resident selection will be conducted in accordance with amarketing plan created according to the specifications in this handbook(“Marketing Plan”) by the Marketing Agent for each Project. The Marketing Planmust comply with the Marketing Handbook and other Project requirements andmust be approved by the Agency before marketing can begin.1-3 RevisionsThis handbook includes policies effective January 31, 2020. The Agenciesreserve the right to make additional changes to the handbook.Page 6 of 68

MARKETING HANDBOOK, SECTION 2: TIMELINE2-1: Phases of the Marketing Process2-2: Major Milestones in the Marketing Process2. Timeline2-1 Phases of the Marketing ProcessNote: Timelines are approximate and may vary by project.2-2 Major Milestones in the Marketing ProcessActivityTimelinePrior to the marketing process:From the start of construction untilcommencement of the marketingperiodDeveloper maintains inquiry list ofinterested potential applicantsAt the beginning of the marketing process and afterwards:1. Agency approves proposed MarketingAgent2. Marketing Meeting held with Agency,Marketing Agent submits outline ofMarketing PlanTypically, seven months prior toanticipated occupancy (or approximately70% construction completion for projectsrequiring C of O)Page 7 of 68

MARKETING HANDBOOK, SECTION 2: TIMELINE2-2: Major Milestones in the Marketing Process3. PO Box / caller service box establishedfor receipt of paper applicationsPrior to commencement of the marketingperiod4. Marketing Plan approved,advertisements posted on HousingConnect* and Agency websites; printadvertisements placedRepresents commencement of themarketing period: at least 60 days prior toapplication deadline date for standardmarketing; may be shorter for modifiedmarketing5. Community contact letters mailedAt commencement of the marketingperiod6. Marketing sign posted on project site(design is project ad in multiplelanguages, at least 28” tall)At commencement of the marketingperiod7. Advertisements sent to inquiry list;requests for paper applicationsprocessed as receivedAt commencement of and throughout themarketing period8. Compliance meeting held with AgencyTwo weeks before or after the lottery9. For homeownership projects, first-timehomebuyer seminars conductedTwo weeks after the beginning of theapplication period and two weeks beforethe application deadline10. Paper applications retrieved at PostOffice or caller service box and enteredinto Housing ConnectSeven to ten business days afterapplication deadline11. Lottery log is generated and availablefor download from Housing ConnectApproximately one week after entry ofpaper applications into Housing Connect12. Resident selection process commencesApproximately two weeks after lottery logis generated13. Rentals: Lease is offered to eligibleapplicant and occupancy beginsAfter verification of eligibility from Agencyand receipt of TCO14. Homeownership: End loan closing, orpurchase of co-op shares, andoccupancy beginsAfter verification of eligibility fromAgency, approval for private mortgage,and receipt of TCO*NYC Housing Connect (or “Housing Connect”) is the online application system forHPD/HDC-assisted affordable housing. Some Programs or Projects may not beadvertised on Housing Connect, but through other channels as determined by theAgency.Page 8 of 68

MARKETING HANDBOOK, SECTION 3: BASIC SEQUENCE OF ACTIVITIES3. Basic Sequence of ActivitiesThe following activities take place before the Agency approves the MarketingPlan:1.Developer files a Notice of Intent to Begin Marketing with Agency to proposeMarketing Agent and schedule a Marketing Meeting (see Attachments A-1 and A2, and Section 4-1.B).2.Developer, Marketing Agent and Agency hold the Marketing Meeting (seeSection 4-1.B).3.Marketing Agent submits proposed Marketing Plan to Agency (see Section 41.C).4.Agency and Marketing Agent establish PO Box or caller service box (see Section4-2.E.2).The following activities take place after the Agency approves the Marketing Plan:5.Marketing Agent erects marketing sign on Project construction site: enlargedProject advertisement on outdoor-durable material, in multiple languages (seeSection 4-2.D).6.Agency posts advertisement on Housing Connect and, when applicable, Agencywebsite.7.Marketing Agent publishes advertisements in newspapers and other mediaoutlets and provides Agency with all copies of actual newspaper advertisements(standard marketing only) (See Section 4-2.C).8.Marketing Agent sends copies of the approved advertisement to interestedapplicants on inquiry list (see Section 4-1.A).9.Marketing Agent sends community contact letters (see Section 4-2.B.3).10. Agency sends elected official letters (standard marketing only) (see Section 42.B.2).11. Marketing Agent processes requests for paper applications as received (seeSection 4-2.E).12. Marketing Agent holds informational seminars at local facilities, such ascommunity board(s) and/or local organizations (required for homeownershiponly).13. Marketing Agent and Agency schedule paper application pickup and entry (seeSection 4-3.A).14. Marketing Agent hires staff for scheduled paper application entry date(s) (seeSection 4-3.B).Page 9 of 68

MARKETING HANDBOOK, SECTION 3: BASIC SEQUENCE OF ACTIVITIES15. Agency accompanies Marketing Agent to pick up paper applications from PostOffice (see section 4-3.A).16. Agency oversees Marketing Agent’s entry of paper application information intoHousing Connect (see Section 4-3.B).17. Lottery log is generated by the Housing Connect system (see Section 4-3.C).18. Marketing Agent attends compliance meeting with Agency (see Section 4-2.A).19. Marketing Agent submits applicant files to Agency for review (see Section 4-4.K).20. Marketing Agent submits log updates with disposition comments to Agency atleast bi-weekly (see Section 4-4.C).21. If needed, Marketing Agent requests written approval from Agency to commenceremarketing (see Section 4-4.I).22. Marketing Agent submits initial move-in certification to Agency, if required byAgency (see Attachment W, Owner Certification of Initial Move-in Date).23. At 100 percent occupancy, Marketing Agent submits final log with dispositioncomments, statistical report, and initial rent roll to the Agency.Page 10 of 68

MARKETING HANDBOOK, SECTION 4: OUTLINE OF PROCEDURES4. Outline of Procedures4-1. Pre-Marketing4-2. Marketing4-3. The Lottery Process4-4. Applicant Evaluation and Resident SelectionPage 11 of 68

MARKETING HANDBOOK, SECTION 4: OUTLINE OF PROCEDURES4-1: Pre-Marketing4-1 Pre-MarketingA.INQUIRY LIST1.2.B.Commencing at the start of construction, the Developer must maintain alist of people who, before the deadline date for requests for applications,have inquired about renting or purchasing a unit. The inquiry list mustinclude the following information:a.Name and contact information of those who submitted an inquiryb.How the inquiry was received, e.g. via telephone, email, walk-in, ormail (the Developer may select the procedure for acceptinginquiries)The Marketing Plan must include a copy of the inquiry list, as well as anoutline of the Developer’s inquiry list procedures and the date at whichthey were implemented.MARKETING MEETING1.The Developer must submit a Notice of Intent to Begin Marketing (“Noticeof Intent,” Attachment A-1) to the Agency to initiate the marketing process,propose a Marketing Agent for the Project, and schedule a MarketingMeeting. This typically happens at approximately seven months prior toanticipated occupancy, but timing may vary based on project type.2.The Agency may ask that projects requiring a Certificate of Occupancyalso reach 70 percent construction completion before advertising maycommence.3.The Notice of Intent must identify the Marketing Agent the Developerintends to use or retain to perform marketing and initial lease-up or sales,and must propose any separate entity, if known, the Developer intends touse or retain for ongoing resident selection for re-rental units or resales.For example, a Developer may retain a third-party marketing company toconduct a new Project’s initial lease-up or sales or sales, but when theProject is fully occupied, the Developer may assign a propertymanagement company the responsibility of overseeing re-rentals orresales.4.With the Notice of Intent, the Developer must submit a summary of theexperience and expertise of the Marketing Agent (see Attachment A-2,Marketing Agent Approval Request Form). If the entity responsible forongoing re-rentals or resales is expected to be different than the initialMarketing Agent, then the Developer must submit another version ofAttachment A-2 for that entity.Page 12 of 68

MARKETING HANDBOOK, SECTION 4: OUTLINE OF PROCEDURES4-1: Pre-Marketing5.In considering approval of a Marketing Agent, the Agency takes intoconsideration factors including, but not limited to:a.b.c.d.6.Prior experience marketing affordable projects through theAgency’s Housing Connect lottery system;Current workload of Housing Connect lotteries;Staffing and organizational capacity of the marketing agent;Demonstrated performance on past and current lottery projects,including but not limited to:i.Proper processing of applicants;ii.Proper management of the lottery log;iii.Proper determination of applicants’ eligibility, includingaccurate income calculations, proper application of theContinuing Need criteria and resident selection standardsfrom the Marketing Handbook;iv.Timely and complete submission of applicant files to theAgency for review; andv.Timely, accurate, and complete submission of the statisticalreport, and final log, as well as the certified rent roll upon fulllease up for rentals and executed contract for sales.After Agency approval of the Marketing Agent, the Developer, theMarketing Agent, and the Agency will hold a Marketing Meeting to reviewthe policies, procedures, and requirements for marketing, applicantevaluation and resident selection, occupancy, ongoing re-rental leasing,and resales, as well as any related documents and reports. The Marketing Plan must include a dated copy of the Notice ofIntent and Marketing Agent Approval Request. See Notice of Intent(Attachment A-1) and Marketing Agent Approval Request Form(Attachment A-2).C.MARKETING PLAN1.At the time of, or immediately following, the Marketing Meeting, theMarketing Agent must submit to the Agency for review and comment aproposed Marketing Plan which will outline procedures to be followed inthe pre-marketing, marketing, applicant evaluation, resident selection, rerental, and resale phases of the Project (“Marketing Plan”). SeeAttachment B, Marketing Plan Summary, and Section 3 of this handbook,“Basic Sequence of Activities.”2.The following items must be outlined in the Marketing Plan in order thatthe Agency may be afforded an opportunity to comment:Page 13 of 68

MARKETING HANDBOOK, SECTION 4: OUTLINE OF PROCEDURES4-1: Pre-Marketinga. Number and type of units (if this description does not match theoriginal underwriting and unit distribution described in the RegulatoryAgreement, then the Marketing Agent must bring the discrepancy tothe Agency’s attention in writing);b. Initial rents or selling prices to be charged;c. Minimum and maximum income range for each type of unit;(Marketing Agents should contact the Agency if they are unsure of theprogram’s income or rent limits)d. Approved Marketing Agent and, if applicable, managing or other rerental/resale agent;e. Dates of construction start and completion, advertising start, andapplication deadline date;f. Inquiry list maintained since beginning of construction;g. Marketing sign to be erected on site premises during advertising;h. Set-asides and preferences;i. Listing of proposed fees;j. Resident selection and rejection criteria;k. Estimate of groups least likely to apply;l. Audience demographics for advertisements in different publications;m. Community groups to be contacted;n. Standards for accessibility, privacy/confidentiality, and data security inrelation to applicant eligibility appointments and review processes;o. Language access plan (see Attachments C-1 and C-2);p. Waiting list management; andq. Methods for future marketing activities.3.At the time of submission of the Marketing Plan, the Marketing Agentmust also submit to the Agency an outline of the management plan forongoing operations (see Outline for Management Plan, Attachment E),and how the distribution and eligibility requirements of units will meet theprogram eligibility criteria (see Apartment Distribution Chart, AttachmentU).a.Note: "AMI" shall mean the area median income for the primarymetropolitan statistical area as determined by the United StatesDepartment of Housing and Urban Development or its successors("HUD") from time to time for a family of four, as adjusted for familysize. “80 percent of AMI” shall mean 160 percent of the incomelevels as modified by household size for the New York metropolitanstatistical area for 50 percent of median income families (a.k.a. as“very low-income families”) as determined from time to time byHUD under Section 3(b) (2) of the United States Housing Act of1937 (or, if such program is terminated, under such program aswas in effect immediately before such termination).Page 14 of 68

MARKETING HANDBOOK, SECTION 4: OUTLINE OF PROCEDURES4-1: Pre-Marketing4-2: Marketingb.Credit and background check fees may only be collected inaccordance with Section 5-6, “Background Checks and OtherFactors,” when (a) an applicant appears to be otherwiseeligible and (b) it is clear that a unit will be available if theapplicant is approved. If the Marketing Agent wishes to conduct acredit/background check prior to eligibility determination, they maydo so provided (i) that the applicant consents, (ii) that the applicantknows that consenting to the early credit and/or background checkis optional with no consequences to declining, and (iii) that theMarketing Agent subsidizes the up-front cost of the check. (If theapplicant subsequently accepts and signs a lease for the unit, theMarketing Agent may collect the fee at that time.)4-2 MarketingA.GENERAL INFORMATION1.The official marketing period, during which the Project is advertised andpeople may submit applications, typically should begin at least six monthsprior to the anticipated occupancy of the first unit.2.The opening of the lottery for applications on Housing Connect, thepublication of advertisements on Housing Connect and Agency websitesas well as in print and in other media, and other outreach effortscommence the official marketing period.3.The Developer and Marketing Agent must ensure that the Project isalways in compliance with the provisions of the Project’s RegulatoryAgreement. The Developer and Marketing Agent must be aware of theirobligation to obtain, verify, and provide the Agency, on an ongoing basis,with all required information. The Developer and Marketing Agent mustfully familiarize themselves with the provisions of the Project’s RegulatoryAgreement.4.The Agencies require a Compliance Meeting to be held withinapproximately two weeks of the lottery date. The Agency mayrecommend that this take place either before or after the lottery date.5.Standard vs. Modified Marketing - Rentalsa.The requirements for the marketing process may differ based onthe type of project and number of affordable units being marketed.All standard and modified marketing requirements are subject tothe Agency’s discretion.b.“Standard marketing” (20 or more units) has a 60-day advertisingperiod whereas “modified marketing” may have a shorteradvertising period. Standard marketing for rental units requires aPage 15 of 68

MARKETING HANDBOOK, SECTION 4: OUTLINE OF PROCEDURES4-2: Marketinglottery through the NYC Housing Connect online applicationsystem, posting on Agency websites, advertising in newspapers,publicity targeted to people with disabilities and those least likely toapply; modified marketing requires posting on Agency websites andmay require a lottery through Housing Connect.c.6.Both standard and modified marketing processes begin with theDeveloper’s submission to the Agency of the Notice of Intent toBegin Marketing and Marketing Agent Approval Request, typicallyseven months before anticipated occupancy, or 70 percentconstruction completion for projects requiring a Certificate ofOccupancy (C of O). See Attachments A-1 and A-2.Advertising – Homeownership (Coops, Condos, and Small Homes)a. The advertising period for projects of one to six homeownership unitsis 30 days. For projects of seven or more homeownership units, theadvertising period is 60 days.b. All homeownership advertisements must indicate that the housing isfor first-time homebuyers only.B.OUTREACH1.Marketing aims to achieve the broadest practical citywide representationin its outreach efforts. The Marketing Agent’s outreach efforts are anessential element in the development of a diverse pool of applicants andresidents. The Agency expects the Project’s Marketing Plan to bedesigned to achieve this objective. The Agency requires the use ofcommunity and citywide civic organizations as part of the marketingeffort.2.Elected Official and Community Board Letters: At the commencement ofstandard marketing, the Agency submits letters to the Community Boardand elected officials affiliated with the district in which the development islocated.3.Community Outreach – Rental and Homeownership:a.The Marketing Agent must conduct outreach to citywide andtargeted audiences in order to ensure all groups are informed. Forboth standard and modified marketing, the Marketing Agent mustprovide methods of community contact and describe these methodsin the Marketing Plan.b.The Marketing Agent must send community outreach letterssimultaneous with the openin

marketing plan created according to the specifications in this handbook (“Marketing Plan”) by the Marketing Agent for each Project. The Marketing Plan must comply with the Marketing Handbook and other Project requirements and must be approved by th

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