DISCLOSURE COMPLIANCE PACKAGE - nychdc.com

1 JLKJLKJLKLLLLLLLLLLLLLLLJ DISCLOSURE COMPLIANCE PACKAGEDEFINITIONS Administrative Code means the Administrative Code of the city of new york , including but not limited to the Building Code and the Housing Maintenance Code. Building Code means, collectively, both Title 28 of the Administrative Code and Title 27, Chapter 1 of the Administrative Code. 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 ( , 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). EIN means federal Employer Identification Number or Tax Identification Number. Governmental Agency means a federal, state, or local agency, department , office, commission, or instrumentality, including quasi-public corporations, public benefit corporations, and public authorities ( , the new york State Housing Trust Fund and Metropolitan Transportation Authority), grand juries, and city Agencies.

2 HDC means the new york city Housing Development Corporation, all of its subsidiaries, and their respective successors and/or assigns. Housing Maintenance Code means Title 27, Chapter 2 of the Administrative Code. HPD means the city s department of Housing Preservation and Development and all of its predecessor agencies. Immediate Family means, with respect to a Participant who is a person (and, where specifically so indicated, with respect to a Principal or Officer), (i) his or her spouse or registered domestic partner, (ii) his or her children and parents, and (iii) the spouses or registered domestic partners of his or her children and parents. 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. New Entity means a single purpose 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, c hief 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.

3 Participant means the person or entity identified in Section 1 Participant Identification below. Principal means: (i)any person or entity (other than a limited partner) owning or controlling twenty percent or more of theownership 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 orcontrol twenty percent or more of the ownership interest or twenty percent or more of the profits orlosses, (iii)all persons acting as agents, fiduciaries or nominees, together with or on behalf of a single person orfamily (other than a limited partners), who, in the aggregate, own or control twenty percent or more of theownership interest or twenty percent or more of the profits or losses,(iv)any current general partner, or managing manager,(v)any current Joint Venturer, or(vi)any person or entity HDC determines to be a principal in a project. Related Entity means any entity identified in response to Question 4.

4 A, 4 .B, , and SSN means Social Security Number. 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 aMitchell-Lama housing company or a Redevelopment Company, or (xi) licensing city -owned PACKAGE INSTRUCTIONS Qualifying Participants in HDC Transactions must complete this COMPLIANCE PACKAGE in its entirety to fulfill their Sponsor Review and, when applicable for joint projects with HPD, Executive Order No.

5 50 (1980), as amended, ( ) preconstruction integrity review requirements. When requirements apply, you must complete the attached rider after completing the signature page in Section 16 and provide a copy of your full submission including rider to your HPD project manager. Note that this PACKAGE is for both Participants that are entities or individuals. Follow the instructions throughout to determine which sections apply based on whether you are completing the PACKAGE as an entity or as an individual Participant. Related Entities that are either involved in the Transaction or are the subject of a Yes answer to any question in the Sponsor Review portion of this COMPLIANCE PACKAGE , and each of its Principals and Officers, must submit a COMPLIANCE PACKAGE (see Section 15 ). Whenever an explanation of an answer is required, such explanation must include all material facts on an attachment which is clearl y marked to indicate the a ppropriate questi on number. If a question does n ot apply, or cannot be answered due to lack of knowledge, Participant must so i ndicate.

6 Where any q uestion asks about a person affiliated with Partici pant (for example, a Principal, Officer, or Employee), answer for the entire period covered by t he question, even if the person was not affiliated with Participant for part of the period. Submit the completed COMPLIANCE PACKAGE and all supporting documents (and address any questions concerning such COMPLIANCE PACKAGE and supporting documents) to: Hard copies: Denise Kimball new york city Housing Development Corporation 110 William Street, 10th Floor new york , NY 10038 Electronic copies (only accepted if you have an HDC/HPD PIN) 1. PARTICIPANT IDENTIFICATIONPARTICIPANT: SSN/EIN: CONTACT: BUSINESS ADDRESS: PHONE: E-MAIL:FORMATION DATE: DATE OF BIRTH: TYPE OF PARTICIPANT: (Check all that apply) Individual Joint Venture Not-for-Profit Corporation Business Corporation G ener al Partnership Limited Partnership Limited Liability Company Limited Liability Partnership HDFC 501(c)(3) Tenants in Common Joint Tenants Other* (See instructions below) New Entity** (See instructions below) * For Other: please explain in full detail, on a separate attachment, Partici pant s relationship to proposed Transaction,including all titles or positi ons and the percentage and ty pe of any interest held.

7 ** If this is a new entity only complete Section 2 of this COMPLIANCE IN PROJECT: (C heck al l that apply): Pr operty Owner Part of Property Owner (D escri be Role: _____) Borrower Part of Borrower (D escri be Role: _____) General Contractor Subcontractor Other (Describe Role: _____) If Individual: Partici pant s title or position and brief description of responsib ilities: If Individual: Partici pant s percentage of and type of interest: Please identify the ethnicity of the majority ownership of the filing entity: White Asian Black Native American Hispanic Hasidic Jew Not ApplicablePlease identify the gender of the majority ownership of the filing entity: Male Female Not Applicable Please check any of the following if the filing entity is certified as a: Minority -Owned Business Enterprise Locally-Based Business Enterprise Women-Owned Business Enterprise Emerging Business Enterprise Disadvantaged Business Enterprise If certified, please indicate the M/WBE Certifying Entity: NYC department of Small Business Services Port Authority NY/NJ NYC School Construction Authority NJ department of Treasury NYS Empire State Development Corporation Other:_____ Name of Designated Equal Opportunity COMPLIANCE Officer: _____ E- mail Address: _____Name of Project: Entity Statement (To be Completed by New Entities Only)An entity that has never owned real property, never engaged in any tr ansaction, and has no financial history may complete this New Entity Section, Section 2, in lieu of completing a COMPLIANCE PACKAGE and then proceed straight to the signature page, Section 16 of the COMPLIANCE PACKAGE .

8 All Participants that are not New Entities, including the Principals and Officers of the New Entity, should skip this section and proceed to Section 3. OWNERSHIP List all Principals and Officers of the Entity. If the space below is insufficient, att ach additional pages with the rel evant information. Individual/Entity Name Role1 % Interest2 SSN/EIN3 1: Enter role in Entity ( , shareholder, general partner, limited partner, member, managing member, etc.). 2: Enter per centage interest (owned or controlled) in the Entity. 3: The Feder al Privacy Act of 1974, as amended, requires agencies r equesti ng Social Security Numbers to disclose whether COMPLIANCE with the request is voluntary or mandatory, why t he information is requested, and how i t will be used. Providing Social Security Numbers and/or Employer Identification Numbers on this form is mandatory. Social Security Numbers and Employer Identification Numbers will be used only to perform a background check, w ill be kept in a secure location, and w ill not be used or disclosed for any other purpose.

9 ATTACHMENTS Submit the following documents: An organizati on chart showing t he entity s current str ucture (follow format specifi ed in attachedtemplate) that includes the EIN of the New Entity. Certificate of Incorporation, Certificate of Limited Partnership, A rticl es o f Or ganization, or equivalentdocument, plus t he Partnership Agreement fo r any general or limited partnership. If the New Entity is an HDFC, Detail when the project was approved by HPD for formation and thenames of all individuals and entities submitted in conjunction with the formation of the HDFC. Note:In the event the HDFC has been approved for formation by HPD within 6 months of the submissionof this letter, those individuals and entities listed above may be eligible for omission from disclosurefor this transaction, which determination shall be at the sole discretion of REVIEW 1 OF NO CHANGE/LIMITED CHANGE (Sponsor Review Only) the Participant, as described in Section 1, submitted a complete CompliancePackage within the last three years?

10 Yes, please provide the date that the prior COMPLIANCE PACKAGE was submitted andwhether it was submitted to HPD or HDC: ____/____/___ HPD the information provided in the previously submitted COMPLIANCE PACKAGE remaintrue and complete, in all aspects, as of today s date? the Participant or a Related Entity or one or more of their respective Principals orOfficers owned, managed, or controlled (directly or indirectly through other entities), anyreal property (in part or in its entirety) in new york city within the last ten years?E. Is there any litigation pending or threatened against Participant or any of Participant'sImmediate Family members, Principals or Officers?Yes No If you are (i) completing this PACKAGE on behalf of an entity or individual as described in Section 1, (ii) that has submitted a COMPLIANCE PACKAGE within the last three years, and (iii) all information remains true and complete in all aspects, attach a current property list (if applicable) and then proceed straight to the signature page, Section 16 of the COMPLIANCE PACKAGE .