reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter B - Affordable Home Ownership Development Program › Part 2175 - Implementation Of State Environmental Quality Review Act › Section 2175.1 - Type II actions

Current through Register Vol. 46, No. 28, July 10, 2024
The following actions are added to the list of Type II
					 actions contained in 6 NYCRR 617.13(d), and have been determined by the
					 corporation not to have a significant effect on the environment and do not
					 require environmental impact statements or any other determinations:
(a) The construction and location (or the
				  allotment of State funds therefor) of a single, one- to four-family residential
				  structure where the total area of the structure does not exceed 7,500 square
				  feet and the surroundings are returned to their original condition after the
				  construction or installation of the structure. It shall also include additions
				  of no more than 1,500 square feet to existing residential structures. Such
				  actions shall be deemed exempt.
(b)
				  The replacement, restoration, rehabilitation, reconstruction, renovation or
				  demolition (and removal) of an existing residential structure (or the allotment
				  of State funds therefor), where the structure to be modified or replaced will
				  have substantially the same purpose and size as that replaced. The activities
				  described above shall be limited to those which will have an interior area of
				  not more than 7,500 square feet and will not involve a physical alteration of a
				  total land area of more than 1.5 acres. Such actions shall be deemed
				  exempt.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter B - Affordable Home Ownership Development Program › Part 2176 - Prompt Payment Policy Statement Of The N.y.s. Affordable Housing Corporation › Section 2176.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This policy statement is adopted pursuant to section
					 2880 of
					 the Public Authorities Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter B - Affordable Home Ownership Development Program › Part 2176 - Prompt Payment Policy Statement Of The N.y.s. Affordable Housing Corporation › Section 2176.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this policy statement, the following
					 terms shall have the following meanings unless the context shall clearly
					 indicate otherwise:
(a) Agency shall
				  mean the New York State Affordable Housing Corporation.
(b) Contract shall mean an enforceable
				  agreement entered into by the agency and a contractor, including purchase
				  orders. Bond resolutions and purchase agreements are not contracts within the
				  meaning of this section.
(c)
				  Contractor shall mean any persons or organizations providing goods, property or
				  services to the agency pursuant to a contract.
(d) Designated payment department shall mean
				  that department within the agency to which a proper invoice is to be submitted
				  by a contractor.
(e) Prompt payment
				  shall mean payment of a debt due and owing by the agency before interest
				  accrues thereon pursuant to the specifications herein.
(f) Proper invoice shall mean a written
				  request for contract payment, setting forth the description, price and quantity
				  of goods, property or services provided by a contractor in such form, and
				  supported by such other substantiating documentation as the agency may
				  reasonably require.
(g) Receipt of
				  invoice shall mean either (1) the date on which a proper invoice is received by
				  the designated payment department, or (2) the date on which the agency receives
				  the purchased goods, property or services covered by the proper invoice,
				  whichever is later.
(h) Set-off
				  shall mean the reduction by the agency of a payment due to a contractor by an
				  amount equal to the amount of an unpaid legally enforceable debt owed by the
				  contractor to the agency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter B - Affordable Home Ownership Development Program › Part 2176 - Prompt Payment Policy Statement Of The N.y.s. Affordable Housing Corporation › Section 2176.3 - Rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payment
				  request procedure.
(1) Most contractors who
				  are owed money by the agency shall send a proper invoice to the attention of
				  Accounts Payable, the designated payment department of the agency. Accounts
				  Payable will log the reception date of the invoice, and send the document to
				  the unit within the agency that received the purchased goods, property or
				  services from the contractor for review and verification.
(2) A small group of contractors will not
				  have to request payment because their contracts provide for automatic payment
				  at predetermined intervals without the necessity of an invoice. Accordingly,
				  review and verification of the work of these contractors will take place prior
				  to each scheduled payment date.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter B - Affordable Home Ownership Development Program › Part 2176 - Prompt Payment Policy Statement Of The N.y.s. Affordable Housing Corporation › Section 2176.4 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statement
				  filing. Within 30 days of the adoption of this statement, and of any amendments
				  hereto, the agency shall file copies with the State Comptroller, the State
				  Director of the Budget, the Chairman of the Senate Finance Committee and the
				  Chairman of the Assembly Ways and Means Committee.
(b) Annual report. Within 90 days after the
				  end of each fiscal year following January 1, 1989, the agency shall prepare an
				  annual report on the scope and implementation of this prompt payment policy.
				  The report shall include, but not be limited to, the following:
(1) a listing of the types or categories of
				  contracts which the agency entered into during the 12-month period of the
				  report, with an indication whether each such contract was subject to the prompt
				  payment requirements, and if not, why not;
(2) the number and amount of interest
				  payments made for contracts, arranged according to each such type or
				  category;
(3) the number of
				  interest-chargeable days, and the total number of days taken to process each
				  late contract payment; and
(4) a
				  summary of the principal reasons why such late payments had to be made.
Copies of this report shall be filed with the State
					 Comptroller, the State Director of the Budget, the Chairman of the Senate
					 Finance Committee and the Chairman of the Assembly Ways and Means
					 Committee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter B - Affordable Home Ownership Development Program › Part 2176 - Prompt Payment Policy Statement Of The N.y.s. Affordable Housing Corporation › Section 2176.5 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Statement amendment. The agency shall have the power to amend this policy
				  statement by promulgating amended rules and regulations at any time.
(b) Contract incorporation. The policy
				  statement in effect at the time of the creation of a contract is hereby
				  incorporated into and made a part of that contract.
(c) Public access. The agency shall make
				  copies of this policy statement, as well as the annual report, available to the
				  public upon reasonable request at the agency's main office. In addition, the
				  agency shall provide a copy of this policy statement to each
				  contractor.
(d) Inapplicability of
				  statute. The statute authorizing this statement is not applicable to the
				  agency's contracts with other governmental agencies, to interest on judgments
				  rendered by a court against the agency pursuant to any other statute, or in
				  situations where the agency exercises a legally authorized setoff against all
				  or part of a payment due a contractor.
(e) Legal processes. The agency is under no
				  liability to pay interest pursuant to the statute after a contractor has filed
				  a claim or given notice of an intention to file a claim or commenced legal
				  action for payment of interest.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter C - Prompt Payment Policy Statement › Part 2185 - Prompt Payment Policy Statement › Section 2185.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This policy statement is adopted pursuant to section
					 2880 of
					 the Public Authorities Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter C - Prompt Payment Policy Statement › Part 2185 - Prompt Payment Policy Statement › Section 2185.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this policy statement, the following
					 terms shall have the following meanings unless the context shall clearly
					 indicate otherwise:
(a) Agency shall
				  mean the New York State Housing Finance Agency.
(b) Contract shall mean an enforceable
				  agreement entered into by the agency and a contractor, including purchase
				  orders. Bond resolutions and purchase agreements are not contracts within the
				  meaning of this section.
(c)
				  Contractor shall mean any persons or organizations providing goods, property or
				  services to the agency pursuant to a contract.
(d) Designated payment department shall mean
				  that department within the agency to which a proper invoice is to be submitted
				  by a contractor.
(e) Prompt payment
				  shall mean payment of a debt due and owing by the agency before interest
				  accrues thereon pursuant to the specifications herein.
(f) Proper invoice shall mean a written
				  request for contract payment, setting forth the description, price and quantity
				  of goods, property or services provided by a contractor in such form, and
				  supported by such other substantiating documentation as the agency may
				  reasonably require.
(g) Receipt of
				  invoice shall mean either (1) the date on which a proper invoice is received by
				  the designated payment department, or (2) the date on which the agency receives
				  the purchased goods, property or services covered by the proper invoice,
				  whichever is later.
(h) Setoff
				  shall mean the reduction by the agency of a payment due to a contractor by an
				  amount equal to the amount of an unpaid legally enforceable debt owed by the
				  contractor to the agency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter C - Prompt Payment Policy Statement › Part 2185 - Prompt Payment Policy Statement › Section 2185.3 - Rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payment
				  request procedure.
(1) Most contractors who
				  are owed money by the agency shall send a proper invoice to the attention of
				  Accounts Payable, the designated payment department of the agency. Accounts
				  Payable will log the reception date of the invoice, and send the document to
				  the unit within the agency that received the purchased goods, property or
				  services from the contractor for review and verification.
(2) A small group of contractors will not
				  have to request payment because their contracts provide for automatic payment
				  at predetermined intervals without the necessity of an invoice. Accordingly,
				  review and verification of the work of these contractors will take place prior
				  to each scheduled payment date.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter C - Prompt Payment Policy Statement › Part 2185 - Prompt Payment Policy Statement › Section 2185.4 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statement
				  filing. Within 30 days of the adoption of this statement, and of any amendments
				  hereto, the agency shall file copies with the State Comptroller, the State
				  Director of the Budget, the Chairman of the Senate Finance Committee and the
				  Chairman of the Assembly Ways and Means Committee.
(b) Annual report. Within 90 days after the
				  end of each fiscal year following January 1, 1989, the agency shall prepare an
				  annual report on the scope and implementation of this prompt payment policy.
				  The report shall include, but not be limited to, the following:
(1) a listing of the types or categories of
				  contracts which the agency entered into during the 12-month period of the
				  report, with an indication whether each such contract was subject to the prompt
				  payment requirements, and if not, why not;
(2) the number and amount of interest
				  payments made for contracts, arranged according to each such type or
				  category;
(3) the number of
				  interest-chargeable days, and the total number of days taken to process each
				  late contract payment; and
(4) a
				  summary of the principal reasons why such late payments had to be made.
Copies of this report shall be filed with the State
					 Comptroller, the State Director of the Budget, the Chairman of the Senate
					 Finance Committee and the Chairman of the Assembly Ways and Means
					 Committee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter C - Prompt Payment Policy Statement › Part 2185 - Prompt Payment Policy Statement › Section 2185.5 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Statement amendment. The agency shall have the power to amend this policy
				  statement by promulgating amended rules and regulations at any time.
(b) Contract incorporation. The policy
				  statement in effect at the time of the creation of a contract is hereby
				  incorporated into and made a part of that contract.
(c) Public access. The agency shall make
				  copies of this policy statement, as well as the annual report, available to the
				  public upon reasonable request at the agency's main office. In addition, the
				  agency shall provide a copy of this policy statement to each
				  contractor.
(d) Inapplicability of
				  statute. The statute authorizing this statement is not applicable to the
				  agency's contracts with other governmental agencies, to interest on judgments
				  rendered by a court against the agency pursuant to any other statute, or in
				  situations where the agency exercises a legally authorized setoff against all
				  or part of a payment due a contractor.
(e) Legal processes. The agency is under no
				  liability to pay interest pursuant to the statute after a contractor has filed
				  a claim or given notice of an intention to file a claim or commenced legal
				  action for payment of interest.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Overview and applicability.
(1) These rules
				  and regulations are being promulgated by the New York State Housing Finance
				  Agency (the agency) to implement article 21 of the Private Housing Finance Law,
				  (the act), pursuant to section 1133(1) of the act.
(2) The purpose of the Infrastructure
				  Development Demonstration Program is to provide infrastructure development
				  grants to eligible applicants in conjunction with existing Federal, State and
				  local housing programs to enable, aid and facilitate the development of
				  affordable housing. By reducing the cost of infrastructure and site
				  improvements, such housing can be built or rehabilitated at a lower cost than
				  would otherwise be feasible, thereby alleviating the serious shortage of
				  affordable housing that exists in New York State.
(3) The agency may grant a waiver with
				  respect to any requirement of these regulations upon a showing by an applicant,
				  grantee or other interested party that to do so would further the aims of the
				  program as set forth in the act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.2 - Conflicts of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Conflicts defined. Eligible applicants, as defined in section
				  2186.1(b)(5) of
				  this Part, may apply for a grant, under the program, subject to the
				  requirements set forth in the following section regarding potential conflicts
				  of interest.
(1) The officers, directors and
				  employees of each grantee should pursue a course of conduct which will not
				  raise the appearance of any impropriety or conflict of interest with respect to
				  any funds awarded by the agency.
(2) No person who is a member of the
				  governing body of the eligible applicant, an officer, or an employee or the
				  immediate family member of such a person, or any person or business entity
				  having a direct or indirect financial relationship with such a person, will be
				  eligible to participate or benefit financially from the eligible applicant's
				  project(s) or program, except that, in the case of a municipality, this
				  provision applies only to employees or the immediate family members or
				  employees of the departments or agencies directly involved in the
				  municipality's project(s) or program.
(3) No individual who is an elected official
				  at the State or local level, a paid staff person to such an official, a leader
				  or chairman of a political party at any jurisdictional level, or an immediate
				  family member of any such person will be eligible to participate or benefit
				  financially from the eligible applicant's project(s) or program.
(4) Upon a written showing of good cause by
				  an eligible applicant or a grantee, the agency may, in its discretion, grant a
				  waiver of the prohibitions contained in paragraphs (a)(2) and (3) of this
				  section, provided that the prohibited participation or benefit is not otherwise
				  illegal. In the event the agency grants such a waiver, the facts and
				  circumstances surrounding such participation or benefit shall be fully
				  disclosed in the eligible applicant's proposal or contract and to such other
				  persons or entities as the agency may require.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.3 - Submission of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) From
				  time to time, and as funds become available, the agency will issue a notice of
				  fund availability. Application forms and instructions will be available, upon
				  request, at the offices of the agency and at such other locations which the
				  agency may designate.
(b)
				  Applications will be accepted thereafter for review and evaluation on an
				  ongoing basis.
(c) Applications
				  shall be submitted in the form required by the agency and shall contain such
				  information as the agency shall require to determine the eligibility of the
				  applicant and the project and to evaluate the application in accordance with
				  the evaluation factors set forth herein.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.4 - Funding criteria and funding determination process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Grant limits.
(1) Grants will be limited to a maximum of
				  $5,000 for each unit of affordable housing to be contructed or rehabilitated in
				  conjunction with the infrastructure improvements relating thereto. Grant funds
				  provided under the program may be used only to pay for eligible costs as
				  defined herein. The agency shall determine the number of units in any project
				  which are to be considered affordable housing units for the purpose of
				  calculating the grant amount. In so doing the agency may rely on the definition
				  of affordable housing unit used in the affordable housing program also
				  providing funds for the affordable housing projects in conjunction with the
				  IDDP.
(2) Not less than 45 percent
				  of the total amount appropriated shall be made available for projects located
				  in cities, towns or villages having a population of less than 20,000 persons;
				  not less than 30 percent in localities having a population of 20,000 to 30,000
				  persons, with the remaining amount(s) available (not to exceed 25 percent of
				  the total amount) in places with a population of more than 30,000 persons.
				  Population of a city, town, or village shall be determined by reference to the
				  1980 United States Census of Population unless alternative methods of
				  calculation are approved by the agency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.5 - Evaluation of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Selection factors. Completed applications satisfying the minimum program
				  requirements set forth in section
				  2186.4 of this Part will then be
				  evaluated further in accordance with the agency's criteria which shall be based
				  on the following factors:
(1) the
				  qualifications and prior experience of the applicant and the other program
				  participants in developing affordable housing projects;
(2) readiness to proceed with the
				  infrastructure improvements within a reasonable time frame as determined by the
				  agency, giving consideration to the probability of, and the anticipated time
				  needed for, securing approval from the applicable Federal, State or local
				  entity of the affordable housing project to be constructed or
				  rehabilitated;
(3) extent to which
				  the housing project will be affordable to individuals and families whose
				  housing needs are not being met by the private sector;
(4) the extent to which the affordable
				  housing project meets the need for an addition to the inventory of standard
				  housing units in the community;
(5)
				  the absence of any litigation or similar impediment to the implementation of
				  the proposal; and
(6) such other
				  factors as the agency may deem appropriate on review of the
				  application.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.6 - Grant award and agreement execution

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Award of grants. Within the funds appropriated and available, the agency will,
				  on an ongoing basis, award grants to eligible applicants selected pursuant to
				  the evaluation process described herein. After such selection, the agency will
				  notify the applicant that a grant of funds has been authorized for the approved
				  infrastructure improvement.
(b)
				  Grant agreements.
(1) Upon approval of the
				  affordable housing project application, compliance with SEQRA and SHPA, and
				  other conditions set by the agency, the agency will enter into a grant
				  agreement with the selected eligible applicant to provide for the disbursement
				  of funds under the program.
(2) The
				  grant agreement will by reference incorporate the regulations contained herein
				  and among other matters will provide for the method of disbursement of funds, a
				  reduction of the grant if project costs or expenses are reduced and if
				  conditions of financing are altered and such other restrictions as the agency
				  may deem appropriate.
(3) The grant
				  agreement will also incorporate 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.
(4) In connection with
				  grant agreements and the making of grants the agency may also elect to enter
				  into regulatory agreements with the grantee and other parties participating in
				  the project to ensure that the affordable housing project will provide
				  affordable housing for a period of time determined by the agency, based upon
				  the amount of assistance provided to a grantee, and that the purposes of the
				  program will be met. Such regulatory agreements may, if appropriate, be
				  recorded in the land records so as to make their provisions run with the land
				  and as determined by the agency, may contain provisions for recapture of grant
				  funds if the program requirements are not met.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.7 - Drawdown of funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Disbursement
				  of funds. Upon execution of the grant agreement, payments may be made to the
				  eligible applicant as provided in the grant agreement either to advance to or
				  to reimburse the applicant for the actual and necessary cost(s) of providing
				  the infrastructure improvements. Payments, however, shall not be conditioned on
				  prepayment by the applicant. Such payments shall be made in accordance with the
				  agency's prompt payment policy.
(b)
				  Fidelity bonds. If the agency so requires, fidelity bonds covering the
				  employees of the grantee who will handle the funds to be received under the act
				  will be required. Funds advanced are to be considered funds of the agency and
				  not funds of the grantee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.8 - Audit and monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Access
				  to records. The agency or its designated agent will have access to all books,
				  accounts, records, reports, files and other papers or property of grantees
				  pertaining to funds provided through the program for the purposes of making
				  surveys, audits, examinations, excerpts and transcripts.
(b) Independent audits. The grantee is
				  responsible for obtaining, and paying for, an independent audit of the
				  expenditure of grant funds. The audit is to be conducted in accordance with
				  guidelines prescribed by the agency which the agency may permit to be part of
				  any other independent audit obtained with respect to the affordable housing
				  project.
(c) Additional audits. The
				  agency or its designated agent may undertake such further or additional audits
				  as it finds necessary or appropriate.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.9 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. Grantees will submit such reports related to the program as the agency
				  may reasonably require.
(b)
				  Progress reports. Commencing from the date of execution of the grant agreement
				  up to and including the date of project close-out, the grantee must submit
				  progress reports in such form as the agency may require which shall be
				  quarterly or on an alternative schedule if the agency agrees to accept reports
				  submitted in connection with another program providing funds for the same
				  project funded by the IDDP. Reports shall include, but shall not be limited to,
				  information concerning each project's construction schedule, construction
				  costs, status of the housing project(s) and problems, if any, encountered in
				  carrying out the project(s) or program.
(c) Annual report. The grantee shall submit a
				  report to the agency on or before December 1st of each year or on an
				  alternative schedule if the agency agrees to accept reports submitted in
				  connection with another program providing funds for the same project funded by
				  the IDDP. Such report shall include, but not be limited to:
(1) the name of the grantee and the amount of
				  the grant;
(2) a narrative
				  description of the specified infrastructure improvement activities performed by
				  such eligible applicant;
(3) a
				  narrative description of each affordable housing project, including location,
				  undertaken in conjunction with such infrastructure improvements which shall
				  include, but not be limited to the total number of units in each project;
				  and
(4) any funding sources
				  leveraged for such affordable housing project.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.10 - Modification, reduction or termination of grant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Modification of grant assistance. The
				  grant assistance may be canceled in whole or in part for mutual convenience if
				  both parties agree that the project's continuation is infeasible or would not
				  produce beneficial results commensurate with the further expenditure of funds.
				  Approval of requests for increased grant assistance after grant agreement
				  execution rests solely in the discretion of the agency.
(b) Reduction or termination of grant. The
				  agency may terminate the grantee's entire grant or the remaining balance for
				  cause. When the agency determines that a grantee has failed to meet one or more
				  of the requirements of the grant agreement, or, as the case may be, the
				  regulatory agreement, the agency may reduce or recapture the grant, including
				  amounts already obligated, or take other appropriate action. If the agency
				  determines that the grantee has not met the requirements of the grant
				  agreement, or, as the case may be, the regulatory agreement, the grantee will
				  be notified and given an opportunity within a prescribed time to show that it
				  has done so or has taken curative action. If the grantee fails to demonstrate
				  that it has done so, the agency may take appropriate corrective or remedial
				  action. For purposes of this section, appropriate action means any remedial
				  action legally available, including, without limitation, demanding in writing
				  that the grantee reimburse (and the grantee will reimburse) the agency in the
				  amount of the ineligible costs, and bringing affirmative litigation, such as
				  suits for declaratory judgment specific performance, temporary or permanent
				  injunctions and any other available remedies. In the event that the agency
				  makes such a determination, then the grantee will deliver to the agency all
				  original documents relevant to the project(s) or program, including but not
				  limited to, any construction agreements, loan documents and any other related
				  documents that the agency may require.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.11 - Project close-out

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Project
				  close-out. Project close-out will occur when all costs to be paid with grant
				  funds have been incurred, when the last progress report has been submitted and
				  no later than six months after the date for completion set forth in the grant
				  agreement with the respective grantee, or at such other time as the agency may
				  establish. At such time, the grantee must submit, in accordance with the
				  agency's requirements, documentation of its grant disbursements and records, a
				  certification of completion and final cost. Any cash advanced in excess of the
				  final cost must be refunded to the agency.
(b) Monitoring and submitting performance
				  reports. Nothing in this or any other section will relieve the grantee of
				  whatever continuing responsibility may remain to monitor and submit performance
				  reports, even though project close-out has taken place.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.12 - Corrective and remedial actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Corrective or remedial actions. In formulating appropriate corrective or
				  remedial actions for performance deficiencies, the agency will take such
				  actions as it deems appropriate to prevent a continuation of the deficiency or
				  to mitigate, to the extent possible, its adverse effects or consequences, and
				  to prevent its recurrence.
(b)
				  Curing performance deficiencies. The agency, if it deems it appropriate to cure
				  performance deficiencies, may take, among others, the following actions:
(1) direct the grantee to submit progress
				  schedules for completing approved activities;
(2) issue a letter of warning advising the
				  grantee of the deficiency, establishing a date for corrective actions, and
				  putting the grantee on notice that more serious actions will be taken if the
				  deficiency is not corrected or is repeated;
(3) inform the grantee that certifications of
				  any information the agency requires is no longer acceptable, and that
				  additional information or assurances are required;
(4) direct the grantee to establish and
				  follow a management plan that assigns responsibilities for carrying out
				  remedial actions;
(5) direct the
				  grantee to suspend, discontinue, or not incur costs for the affected
				  activity;
(6) direct the grantee to
				  reimburse the grantee's program account in any amounts improperly
				  expended;
(7) change the method of
				  payment from advance payment basis to a reimbursement basis; or
(8) direct the grantee to cancel the
				  development grant project before expending further funds.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter D - Infrastructure Development Demonstration Program › Part 2186 - Infrastructure Development Demonstration Program › Section 2186.13 - Contracts with other agencies

Current through Register Vol. 46, No. 28, July 10, 2024
In order to carry out the purposes and provisions of the
					 act, this Part and the program, the agency shall enter into agreements, to the
					 extent feasible and appropriate, on such terms as the executive director shall
					 determine, with other State agencies and public benefit corporations. Such
					 agreements shall be designed to allow the program's funds to be used in
					 conjunction with the programs administered by such agencies or public
					 corporations and may include, but shall not be limited to agreements for any of
					 the following: to coordinate the administration of the program with the
					 programs administered by such other agencies; cooperation in regard thereto;
					 review and processing of applications; certification of eligibility and
					 recommendation of projects; allocation of funds; audit, and monitoring and
					 review of project compliance. In entering into such agreements, the agency
					 shall consider the extent to which funds provided pursuant to the act would
					 complement the programs administered by such agencies or public corporations.
					 In so considering, the agency shall take into account, among other things, the
					 availability and commitment of funds under the programs administered by such
					 other State agencies and public benefit corporations, the readiness to proceed
					 of projects participating in those programs, and the extent to which those
					 programs meet the purpose of alleviating the shortage of affordable
					 housing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter E - Implementation Of State Environmental Quality Review Act › Part 2187 - Implementation Of State Environmental Quality Review Act › Section 2187.1 - Specific actions

Current through Register Vol. 46, No. 28, July 10, 2024
The following actions are added to the list of Type II
					 Actions contained in 6 NYCRR § 617.13(d) and have been determined by the
					 agency not to have a significant effect on the environment and do not require
					 environmental impact statements or any other determinations:
(a) The rehabilitation, renovation,
				  replacement, upgrading, or extension of utility distribution (i.e.,
				  infrastructure) facilities to serve new or altered one- to four-family
				  residential structures or to render service in approved subdivisions, unless
				  such facility meets or exceeds any of the thresholds in 6 NYCRR §
				  617.12.
(b) A transfer of ownership
				  for the purposes of creating a "mobile home park cooperative"--i.e., the
				  establishment of a corporation formed for the purpose of owning a mobile home
				  park wherein the ownership of such shares will entitle the owners thereof to
				  occupancy in such park pursuant to section
				  352-e of
				  the General Business Law.
(c) The
				  rehabilitation, renovation, upgrading, maintenance or repair of a mobile home
				  park involving no substantial changes in existing structures or
				  facilities.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter F - Low Income Housing Tax Credit Qualified Allocation Plan › Part 2188 - Low Income Housing Tax Credit Qualified Allocation Plan › Section 2188.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Qualified
				  Allocation Plan ("Plan" or "QAP") is adopted by the New York State Housing
				  Finance Agency ("Agency" or "HFA") pursuant to Section
				  42 of the Internal Revenue Code of 1986, as
				  amended ("IRC") and the Treasury Regulations, Revenue Rulings and Procedures,
				  and other publications of the Internal Revenue Service ("Service" or "IRS")
				  with binding authority applicable thereunder (collectively, the "Code"), to
				  govern the allocation or allowance by the Agency of any Low Income Housing Tax
				  Credit ("LIHTC") under IRC Section 42. This plan shall apply to:
(i) the allowance by the Agency of LIHTC to
				  projects financed by obligations subject to the Private Activity Bond Cap, the
				  interest on which is exempt from federal income tax, as provided in IRC
				  §42(h)(4) and
(ii) any
				  allocation of LIHTC to the Agency by as a suballocating agency designated by
				  the New York State Division of Housing and Community Renewal under authority
				  granted by Part 2040 of Title 9 of the New York Codes, Rules and Regulations;
				  In addition, pursuant to IRC §42(m)(1)(B)(iii) and Treasury Regulation
				  1.42-5, this Plan provides certain procedures that the Agency shall follow in
				  monitoring for noncompliance with the Code and for notifying the IRS thereof.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter F - Low Income Housing Tax Credit Qualified Allocation Plan › Part 2188 - Low Income Housing Tax Credit Qualified Allocation Plan › Section 2188.3 - HFA Private Activity Bond Credits Allowance Process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Under New York State's overall tax credit
				  allocation process as it pertains to the HFA, the Agency typically allows
				  Private Activity Bond Credits to qualified residential rental projects located
				  in New York State financed by obligations subject to the Private Activity Bond
				  Cap, the interest on which is exempt from federal income tax as provided in
				  Section 42(h)(4) of the Code. Applications for Private Activity Bond Credits
				  for projects financed by the Agency are therefore only made as part of the
				  Agency's overall financing application process as described in (c) through (g)
				  below. Applications for the allowance of As of Right Credits to projects
				  financed by tax exempt bonds from an issuer other than the Agency are governed
				  by the provisions of (h) of this section.
(b) Applications for HFA financing and/or 4%
				  LIHTC through the Agency will be accepted and processed as they are received
				  throughout the year. There is no separate LIHTC application fee for applicants
				  who are also applying for HFA financing.
(c) Preliminary underwriting information must
				  be submitted in the form required by the Agency.
(d) The preliminary underwriting information,
				  additional material required by the Agency as part of the HFA financing
				  application and the appropriate Due Diligence reports to be obtained by the
				  Agency, will serve as the application for LIHTC from HFA.
(e) Upon, or before, completion of the phase
				  of underwriting prior to submission to the Members, the following actions are
				  taken and reviews are performed:
(1)
(i) The first of three LIHTC Underwritings
				  and Feasibility Reviews required by
IRC §42(m)(2)(C) is performed.
(ii) If the eligible basis of all the
				  buildings in a project divided by the number of units in a project, prior to
				  any increase for buildings in high cost areas under IRC §42(d)(5)(B)
				  exceeds the Per Unit Eligible Basis Limit, the eligible basis shall be reduced
				  to the maximum eligible basis permitted by the Per Unit Eligible Basis Limit
				  unless the Per Unit Eligible Basis Limit requirement has been waived or is not
				  applicable to the project.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter F - Low Income Housing Tax Credit Qualified Allocation Plan › Part 2188 - Low Income Housing Tax Credit Qualified Allocation Plan › Section 2188.4 - HFA State Credit Ceiling Credits Allowance Process

Current through Register Vol. 46, No. 28, July 10, 2024
The Agency does not currently expect to receive any
					 sub-allocation of LIHTC from the
Division and therefore does not expect to allocate any
					 competitive, 9%, credits. In the event that the Agency receives a
					 sub-allocation, HFA will allocate the credits pursuant to the definitions,
					 processes, procedures and requirements contained in Part 2040 of Title 9 of the
					 New York Official Compilation of Codes, Rules and Regulations which is
					 available on the agency's web site,
https://hcr.ny.gov/
.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter F - Low Income Housing Tax Credit Qualified Allocation Plan › Part 2188 - Low Income Housing Tax Credit Qualified Allocation Plan › Section 2188.5 - Threshold Eligibility Requirements for LIHTC Allocation

Current through Register Vol. 46, No. 28, July 10, 2024
At each stage of processing, applications will be subject
					 to a threshold eligibility review, which will include, but not necessarily be
					 limited to, whether the project meets the following minimum
					 requirements:
(a) The applicant is
				  willing to enter into a regulatory agreement with HFA requiring the project to
				  conform to the income, occupancy and rent restrictions of IRC
				  §42.
(b) The applicant is
				  willing to enter into a regulatory agreement with HFA for extended low income
				  use of the project with a minimum extended use period, ending no earlier than
				  thirty (30) years after the project is placed in service, that is in
				  conformance with the requirements of IRC §42, includes an agreement to
				  waive the right to request a Qualified Contract and provides that the extended
				  use period will not be subject to early termination pursuant to the Qualified
				  Contract provisions of the Code.
(c) The applicant agrees to comply with all
				  applicable federal and state fair housing laws and regulations and not to
				  engage in any illegal discriminatory conduct including discrimination against
				  Section 8 voucher tenants.
(d) The
				  project receives an acceptable Financial Feasibility Review and underwrites in
				  accordance with the applicable HFA underwriting criteria including meeting any
				  criteria limiting costs, fees or expenses contained in the relevant Term Sheet.
(1) If a project is being bond financed by
				  HFA, the Financial Feasibility Review will be conducted using the standards in
				  the Term Sheet for the program the project is being financed under.
(2) Otherwise the Financial Feasibility
				  Review will be conducted using the standards in the most reasonably applicable
				  Term Sheet published by the Agency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter F - Low Income Housing Tax Credit Qualified Allocation Plan › Part 2188 - Low Income Housing Tax Credit Qualified Allocation Plan › Section 2188.6 - Scoring Criteria for State Credit Ceiling LIHTC Allocation

Current through Register Vol. 46, No. 28, July 10, 2024
If HFA receives a sub-allocation of credits, all projects
					 applying for a State Credit Ceiling LIHTC Allocation shall be evaluated in
					 accordance with the Definition, Process, Threshold Eligibility Requirements,
					 General, and Scoring Criteria contained in Title 9, Part 2040 of the New York
					 Codes, Rules and Regulations (NYCRR) (the "DHCR QAP") which is available on the
					 agency's web site, https://hcr.ny.gov/.