“Borrower” means the entity that will enter into a mortgage to receive an HDC or HPD loan benefitting the Project.

“City” means the City of New York, a municipal corporation.

“City Agency” means any agency, department, office, commission, or instrumentality of the City, including quasi-public corporations, public benefit corporations, and public authorities (e.g., HDC, the New York City Housing Authority, New York City Economic Development Corporation, New York City Transit Authority, New York City Health and Hospitals Corporation, and New York City School Construction Authority).

“HDC” means the New York City Housing Development Corporation, all of its subsidiaries, and their respective successors and/or assigns.

“HPD” means the City’s Department of Housing Preservation and Development and all of its predecessor agencies.

“Joint Venture” means a one-time grouping of two or more persons or entities (or any combination thereof) engaged in the joint conduct of a particular transaction or specific undertaking. A person or entity that is a party to a Joint Venture is a Joint Venturer.

“New Entity” means an entity that has never owned real property or engaged in any transaction.

“Officer” means (i) any person with signatory authority to legally bind Participant, (ii) any president, vice president, secretary, treasurer, chief executive officer, chief operating officer, or chief financial officer, by whatever titles known, or (iii) any board chair, director, or trustee, by whatever titles known.

“Participant” means a Borrower or any individual or entity with a present or future controlling interest in the Borrower that is required by HDC or HPD to complete a Disclosure Statement or Compliance Package. The entity that will manage the Project on behalf of the Borrower (“Managing Agent”) is also a Participant.

“Principal” means: (i) any person or entity (other than a limited partner) owning or controlling twenty percent or more of the ownership interest or twenty percent or more of the profits or losses,(ii) all persons related by blood or marriage (other than limited partners), who, in the aggregate, own or control twenty percent or more of the ownership interest or twenty percent or more of the profits or losses, (iii) all persons acting as agents, fiduciaries or nominees, together with or on behalf of a single person or family (other than a limited partner), who, in the aggregate, own or control twenty percent or more of the ownership interest or twenty percent or more of the profits or losses, and (iv) any current general partner, managing member, or managing manager, (v) any current Joint Venturer, or (vi) any person or entity HPD determines to be a principal in a project.

“Residential Unit” means a residential accommodation in a multiple dwelling that is occupied for permanent residence purposes. For purposes of illustration, Residential Units do not include residential accommodations occupied, as a rule, transiently, such as residential accommodations in hotels, rooming houses, college and school dormitories, and residential treatment facilities.

“Transaction” means the matter with respect to which Participant will interact with HPD and/or HDC, and Participant’s role in that matter, including, but not limited to, (i) purchasing City-owned property, (ii) receiving an HPD or HDC loan, (iii) being retained as a general contractor by the purchaser of City-owned property or the recipient of an HPD or HDC loan, (iv) entering into a regulatory agreement with HPD or HDC, (v) being retained as a general contractor or administering agent by a party which has entered into a regulatory agreement with HPD, (vi) entering into a site development agreement, site development and management agreement, or similar agreement with the owner of property to be developed or rehabilitated through an HPD or HDC program, (vii) being retained as a general contractor by a party which has entered into a site development agreement, site development and management agreement, or similar agreement with the owner of property to be developed or rehabilitated through an HPD or HDC program, (viii) leasing or net leasing City-owned property, (ix) being retained as a managing agent by the net lessee of City-owned property or by a Mitchell-Lama housing company, (x) acquiring an ownership interest in property which is encumbered by a City mortgage and/or owned by a Mitchell-Lama housing company or a Redevelopment Company, or (xi) licensing City-owned property.

“Threshold” means the rate in part 2.D. over which a Participant must answer an additional set of questions.

If Participant has previously completed this Questionnaire within the past three (3) years, check the box below and proceed to the Eviction Rate Questionnaire Certification section at the end of the Questionnaire

Please report the number of instances where a Marshal’s execution of a warrant of eviction caused permanent removal of a residential tenant (each, an “Eviction”) during the three full calendar years 2022, 2023, and 2024 in all multifamily rental properties in New York City that Participant, any of Participant’s Principals or Officers, or any business organization in which Participant was a Principal or Officer owned, managed or controlled (directly or indirectly through other entities).

Please report the number of Residential Units in all multifamily rental properties in New York City that Participant, any of Participant’s Principals or Officers, or any business organization in which Participant was a Principal or Officer owned, managed or controlled (directly or indirectly through other entities), during each of the calendar years 2022, 2023, and 2024.

Calculate the annual eviction rate by dividing the number of Evictions for each year in part 2.A. by the number of Residential Units in the corresponding year in part 2.B.

Please enter rates as percentages.

If no single year rate is above 1%, please skip to the Eviction Rate Questionnaire Certification section.

Please provide the total number of holdover Evictions, the number of nonpayment Evictions, as well as the total number of Residential Units in multifamily rental properties the Participant, any of Participant’s Principals or Officers, or any business organization in which Participant was a Principal or Officer owned, managed or controlled (directly or indirectly through other entities), within the years 2022, 2023, and 2024.

Please provide the information requested below for the Residential Units that, during the full calendar years 2022, 2023, and 2024, Participant, any of Participant’s Principals or Officers, or any business organization in which Participant was a Principal or Officer owned, managed or controlled (directly or indirectly through other entities) and were subject to City, State or Federal affordability restrictions. For purposes of this question, Residential Units subject to affordability restrictions include those subject to an agreement with any Governmental Agency, including HPD and/or HDC, where the Participant, any of Participant’s Principals or Officers, or any business organization in which Participant was a Principal or Officer owned, managed or controlled (directly or indirectly through other entities) is a party, or such units are subject to the terms of a rental subsidy program (including, for example, Section 8 or City FHEPS). Residential Units subject to affordability restrictions do not include units merely subject to rent regulation such as rent control or rent stabilization laws. Agreements with a Government Agency includes regulatory agreements, restrictive declarations, and similar instruments.

I certify that the information set forth in or attached to this Eviction Rate Questionnaire is true and correct to the best of my knowledge and belief. I am aware that HDC and HPD are relying upon all of the information set forth in or attached to this Eviction Rate Questionnaire and that this Eviction Rate Questionnaire is submitted to induce HDC or HPD to approve this Transaction. I am aware that this Eviction Rate Questionnaire is part of a continuing application, and I understand that, in accordance with Article 175 of the Penal Law, (i) this Eviction Rate Questionnaire is a written instrument that will be filed with, and become part of the official business records of, HDC or HPD, and (ii) the making of any false statement in this Eviction Rate Questionnaire, or in the continuing application of which it is a part, is a felony.