NY Priv Hous Fin L § 1132 (2021)
2021 New York Laws PVH - Private Housing Finance Article 21 - Infrastructure Development Demonstration Program 1132 - Infrastructure Development Contracts.

§  1132. Infrastructure development contracts. 1. The agency is hereby   authorized, within the amounts appropriated,  to  enter  into  contracts   with   eligible   applicants   to   provide   funds  for  infrastructure   improvements which are necessary for and will reduce the cost of the new   construction or rehabilitation  of  affordable  housing  projects.  Such   contracts  shall  provide  for  grants  by  the  agency  to the eligible   applicant  for  infrastructure  improvements  carried  out   under   the   contract.  Grants  shall be used to advance to or reimburse the eligible   applicant  for  the  actual  and  necessary  cost  of   providing   such   infrastructure  improvements,  provided however that grants shall not be   used to pay the administrative costs incurred by an  eligible  applicant   for   such   improvements.   Such  payments,  including  payments  to  a   municipality, shall be made  in  accordance  with  the  agency's  prompt   payment  statement  adopted  pursuant  to  section  twenty-eight hundred   eighty of the public authorities law. Payment to the eligible  applicant   shall  not  be  conditioned  on pre-payment for such improvements by the   eligible applicant. No such grants shall exceed an amount equal to  five   thousand  dollars  for each unit of affordable housing to be constructed   or rehabilitated in conjunction with such infrastructure improvements.2. The agency shall not enter  into  a  contract  under  this  article   except  with an eligible applicant which has submitted an application to   a state, federal or local entity to receive funds for  the  construction   or  rehabilitation of an affordable housing project and submits proof of   such application to the agency. Such contract shall  contain  provisions   that   infrastructure   development   funds   are  dependent  upon  such   application being approved. Any contract for infrastructure  development   funds  shall  contain  such  other  information  which  the agency deems   appropriate, and a plan acceptable to the agency which demonstrates that   the infrastructure improvements shall be undertaken in conjunction  with   the new construction or rehabilitation of an affordable housing project,   shall   be   completed  in  a  timely  fashion  and  will  result  in  a   corresponding reduction in the cost of such affordable  housing  to  the   occupants therein.3.  Moneys  expended  by  the  agency for the purposes of this article   shall  not  substitute  for  locally   funded   operating   or   capital   expenditures  which  the  municipality  would have allocated through its   normal  budgetary  process  to  programs  that  provide   infrastructure   improvement  in  the absence of the funds provided for this program. All   such moneys shall be  used  to  increase  locally  funded  operating  or   capital  expenditures  for this program to a level which is greater than   the level which would have existed if such moneys had not been  provided   by the state. Nothing in this subdivision shall require the municipality   to  allocate  funds  for  this program if in the municipality's judgment   such allocation would require an increase in taxation or a reduction  in   other municipal services.4.  Notwithstanding  the  provisions  of  article  one-A of the public   authorities law, contracts entered into by the agency pursuant  to  this   article  shall  not be subject to the provisions of article one-A of the   public authorities law.