reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2815 - Funding › Section 2815.2 - Program funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The program
					 funds shall be for administrative and planning expenses related to housing
					 preservation and community renewal activities conducted by the company,
					 including:
(1) payment of salaries and wages
					 to employees engaged in housing preservation and community renewal
					 activities;
(2) fees to consultants
					 retained for housing preservation and community renewal activities;
					 and
(3) other costs and expenses
					 directly related to such employees and consultants, including office rentals,
					 office equipment, fringe benefits and office expenses.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2815 - Funding › Section 2815.3 - Low income housing fund and affordable home ownership development program

Current through Register Vol. 46, No. 28, July 10, 2024
A company performing rehabilitation or home improvement
						activities or new construction under the low income housing trust fund program
						or the affordable home ownership development program shall receive assistance
						equal to three percent of the amount payable to such company by the housing
						trust fund corporation of the affordable housing corporation. This assistance
						shall be for administrative or new construction. It shall not be subject to the
						limitation on the amount of funds a company may receive annually or in the
						aggregate under the rural preservation companies program, but shall be limited
						to a maximum of $40,000 for each project under the low income housing trust
						fund program or the affordable home ownership development
						program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2815 - Funding › Section 2815.4 - Rural aging services program

Current through Register Vol. 46, No. 28, July 10, 2024
Housing preservation and community renewal activities
						which are or have been funded under the rural aging services program operated
						jointly by the Division of the Office for the Aging shall not be subject to the
						limitations on the amount of funds a company may receive annually or in the
						aggregate under the rural preservation companies program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2815 - Funding › Section 2815.5 - Rural home ownership assistance program

Current through Register Vol. 46, No. 28, July 10, 2024
A company assisting persons of low income in the
						acquisition and financing of one- to four-unit family homes and the maintenance
						and repair of such housing owned by persons of low income under the rural home
						ownership assistance program shall not be subject to the limitation on the
						amount of funds a company may receive annually or in the aggregate under the
						rural preservation companies program, but shall be limited to a maximum of
						$30,000 for each company entering into a contract under the rural home
						ownership assistance program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2816 - Contract Performance › Section 2816.1 - Periodic review of contract performance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division shall review at periodic
					 intervals the performance of the company under its contract with the division.
					 The company shall provide, not less than quarterly, reports to facilitate the
					 evaluation process and other reports that the division may request. The reports
					 shall include but not be limited to the following items:
(1) progress of activities;
(2) progress in securing funds from other
					 sources for administrative and planning costs;
(3) a financial report reflecting all
					 transactions which relate to the performance of the contract; and
(4) matching funds received to
					 date.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2817 - Technical Assistance › Section 2817.1 - Technical service and assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division will render to rural
					 preservation companies such technical services and assistance as it may possess
					 or as may be available to, is to enable such companies to comply with the
					 intent and provision of this Chapter and article XVII of the Private Housing
					 Finance Law.
(b) The division may,
					 subject to the availability of funds appropriated for the purposes of the rural
					 preservation companies program, contract with municipal and other public
					 agencies and with private persons, firms and corporations including rural
					 preservation companies, for the provision of such technical services and
					 assistance.
(c) Assistance may
					 include the provision of technical services in:
(1) preparation and submissions of contract
					 proposals under this Chapter or any other program of governmental
					 assistance;
(2) preparation and
					 submission of required reports;
(3)
					 internal organization and management of companies;
(4) the area of technology transfer between
					 rural preservation companies as selected by the division; and
(5) other technical advice or assistance
					 relating to the performance or rendition of rural preservation companies
					 activities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2818 - Reapplication Process › Section 2818.1 - Reapplication submission requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant must complete such forms
					 and attachments as are prescribed by the division.
(b) Essential components of the application
					 include:
(1) recertification of applicant and
					 region eligibility;
(2) completion
					 of current contractual obligations, including quantified, measurable
					 accomplishments as required;
(3)
					 evidence that such accomplishments have had a significant impact on the
					 region;
(4) quantified, measurable
					 objectives to be accomplished by the completion of the activities proposed in
					 the work plan;
(5) proposed RPP
					 budget;
(6) evidence of the
					 required one-third match;
(7)
					 evidence of progress toward securing funds from other sources for
					 administrative and planning costs;
(8) compliance with fiscal and administrative
					 requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2818 - Reapplication Process › Section 2818.2 - Reapplication review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 applications will be logged in with date received, name of applicant, amount of
					 funding requested.
(b) All
					 applicants will be sent an acknowledgment letter.
(c) Rural preservation companies submitting
					 incomplete applications will not have their applications evaluated and may be
					 subject to a delay in funding.
(d)
					 Late reapplication submissions may result in the delay, reduction or loss of
					 funding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2818 - Reapplication Process › Section 2818.3 - Reapplication evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Subsequent contract awards are based on a review of the items in section
					 2818.1 of this Part with weighted
					 scoring as follows:
(1) fulfillment of
					 contract activities;
(2)
					 organizational and fiscal management; and
(3) proposed program; budget and community
					 support.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2818 - Reapplication Process › Section 2818.4 - Notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner shall notify the company in writing as to the status of the
					 reapplication.
(b) The commissioner
					 shall render one of the following decisions:
(1) approved as submitted;
(2) approved conditionally;
(3) approved with probation; or
(4) defunded.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2830 - General Provisions › Section 2830.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of
					 the Rural Area Revitalization Projects Program is to assist the efforts of
					 eligible not-for-profit, local community-based organizations in housing
					 preservation and community renewal activities in the rural areas of the State
					 by providing funding for a portion of the costs of rural area revitalization
					 projects and to encourage community preservation and improvement in such
					 areas.
(b) The regulations
					 contained herein are applicable for defining eligible applicants and projects,
					 selection criteria and contract performance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2830 - General Provisions › Section 2830.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subchapter:
(a) Commissioner shall mean the Commissioner
					 of the New York State Division of Housing and Community Renewal.
(b) Division shall mean the New York State
					 Division of Housing and Community Renewal.
(c) Rural preservation activities or
					 activities shall mean activities such as those designed to construct, maintain,
					 preserve, repair, renovate, upgrade, improve, modernize, rehabilitate or
					 otherwise prolong the useful life of housing accommodations; to restore
					 abandoned and vacant, as well as occupied, housing accommodations to habitable
					 and viable condition; to demolish structurally unsound or unsafe or otherwise
					 unsightly or unhealthy residential structures which no longer serve or can
					 economically be made to serve a useful purpose consistent with stabilizing or
					 improving a region; to acquire and renovate buildings which contain housing
					 accommodations; and to conduct similar activities with respect to retail,
					 commercial, cultural, civic and community establishments within a
					 region.
(d) Persons of low income
					 shall mean individuals and families whose annual incomes do not exceed 90
					 percent of the median annual income for all the residents of the region within
					 which they reside, or a larger area encompassing such region for which annual
					 income can be determined, taking family size into account.
(e) Qualified applicant or applicant shall
					 mean a not-for-profit corporation under contract pursuant to article XVIII of
					 the Private Housing Finance Law, or any other locally based organization which
					 is either incorporated under the Not-for-Profit Corporation Law (or such law
					 together with any other applicable law) or, if unincorporated, is not organized
					 for the private profit or benefit of its members.
(f) Rural area of the State shall mean
					 cities, towns and villages having a population of less than 20,000.
(g) Region shall mean those portions of the
					 rural area of the State within which rural preservation activities are to be
					 carried out.
(h) Rural area
					 revitalization project or RARP shall mean a specific rural preservation
					 activity or series of activities which the applicant proposes to undertake for
					 the revitalization and improvement of a region of the rural area of the
					 State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2830 - General Provisions › Section 2830.3 - Administrative procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may issue administrative procedures
						necessary and appropriate to carry out the policy and intent of the Rural Area
						Revitalization Projects Program and these regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2830 - General Provisions › Section 2830.4 - Equal opportunity

Current through Register Vol. 46, No. 28, July 10, 2024
All activities funded in whole or in part under the Rural
						Area Revitalization Projects program shall be consistent with all relevant
						Federal and State equal employment opportunity, nondiscrimination and fair
						housing laws.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2831 - Application Process › Section 2831.1 - Request for proposals

Current through Register Vol. 46, No. 28, July 10, 2024
As funds are made available for the purposes of this
						program, the division may publish, or cause to be published, in the State
						Registerrequests for proposals and invite the submission of
						applications.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2831 - Application Process › Section 2831.2 - Program packet

Current through Register Vol. 46, No. 28, July 10, 2024
A Rural Area Revitalization Projects Program packet may
						be obtained from the regional offices of the division. Applicants shall
						complete such forms as the division may prescribe, and provide such additional
						information as the division may require, to enable the commissioner to make a
						determination that:
(a) the applicant
					 has, or demonstrates that it can acquire, the capacity and expertise to
					 undertake the proposed RARP; and
(b) the RARP will contribute significantly
					 toward the revitalization and general renewal of the region.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2831 - Application Process › Section 2831.3 - Selection process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
					 must be completed in full. Incomplete applications will be returned and will
					 not be considered in the funding cycle.
(b) Each application submitted in response to
					 requests for proposals will be reviewed to determine compliance with the
					 eligibility provisions of this Subchapter.
(c) Each application that satisfies the
					 eligibility provisions of this Subchapter will be evaluated and
					 ranked.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2832 - Applicant Eligibility › Section 2832.1 - Ability

Current through Register Vol. 46, No. 28, July 10, 2024
The qualified applicant must demonstrate by its immediate
						past and current activities that it has the ability to engage in rural
						preservation activities within the region.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2832 - Applicant Eligibility › Section 2832.2 - Representativeness

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant's officers, directors and members must be
						representative of the residents and other legitimate interests of the
						region.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2833 - Region Eligibility › Section 2833.1 - Geographical identification

Current through Register Vol. 46, No. 28, July 10, 2024
The region within which the applicant proposes to
						undertake the proposed RARP must be defined by precise boundaries consistent
						with the determination of eligible region under article XVII of the Private
						Housing Finance Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2833 - Region Eligibility › Section 2833.2 - Region condition

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Relevant, current and verifiable data, including but not limited to the most
					 recent census data pertaining to the region, must demonstrate that the region
					 has sustained physical deterioration, decay, neglect or
					 disinvestment.
(b) The region must
					 contain a significant number of deteriorating or substandard buildings not
					 being adequately repaired, renovated, upgraded, moderized or rehabilitated
					 under existing programs to provide sound housing, and retail and service
					 establishments which are affordable to the residents and local business persons
					 of such region, respectively.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2833 - Region Eligibility › Section 2833.3 - Region population

Current through Register Vol. 46, No. 28, July 10, 2024
A substantial proportion of the residential population of
						the region must be persons of low income, and may include special population
						groups with unmet housing needs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2833 - Region Eligibility › Section 2833.4 - Region need

Current through Register Vol. 46, No. 28, July 10, 2024
The region must be in need of active intervention to
						effect its preservation, stabilization or improvement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2834 - Funding › Section 2834.1 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The qualified
					 applicant must be incorporated as a not-for-profit corporation prior to
					 execution of an RARP Program contract or, if unincorporated, be in compliance
					 with all State laws regarding registration and reporting of the
					 organization.
(b) A performance
					 contract shall serve as the award mechanism. Such contract shall only be
					 entered into with RARP companies and shall not be assigned or transferred,
					 except upon written authorization of the commissioner. Such performance
					 contract shall include, but not be limited to:
(1) the term of the performance contract,
					 which shall not in any event exceed two years from its commencement;
(2) the amount, which shall not exceed
					 $100,000;
(3) the specific location
					 and description of the proposed RARP, including the approximate number of
					 buildings and residential, commercial, community or cultural units
					 affected;
(4) the exact scope of
					 work to be performed and the specific terms and conditions required by the
					 division;
(5) a detailed timetable
					 for completion of proposed RARP;
(6) a listing of all other funding sources
					 committed to the proposed RARP;
(7)
					 a detailed long-term plan for the management or disposition of the property
					 improved by the applicant.
(i) The division
					 shall have the right to review and approve the tenant selection procedure, the
					 terms and conditions of all initial leases, and the overall management plan for
					 operating and maintaining the property.
(ii) The division shall have the right to
					 review and approve any transfer of property acquired or improved, in whole or
					 part, with RARP funds, for a period of seven years commencing at the time of
					 project completion. Any funds recaptured by and through such transfers shall be
					 recaptured on a pro rata basis over the seven-year term. Instruments, in
					 addition to the RARP contract, may be executed to ensure enforcement of this
					 provision.
(iii) Any violation of
					 the terms and/or conditions of the RARP program contract, the regulations, or
					 article XVII-B of the Private Housing Finance Law, may be subject to a
					 recapture of the grant on a pro rata basis over the seven-year term;
					 and
(8) an agreement to
					 guarantee future maintenance of the improvement subsequent to the termination
					 of the performance contract.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2834 - Funding › Section 2834.2 - Program funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Funds
					 awarded to the qualified applicant may be in the form of a grant, a loan, or a
					 combination of both.
(b) Use of
					 funds.
(1) Program funds shall be for payment
					 of material expenses related to the proposed RARP incurred subsequent to
					 contract execution, including:
(i) The costs
					 of acquisition, construction, repair, renovation, rehabilitation, demolition,
					 clearance and sealing of any building or other structure, provided that such
					 funds may not be used for planning of any such activity or for operating an
					 office to be used by the qualified applicant and, provided further that, no
					 funds shall be used for acquisition unless such acquisition is in conjunction
					 with the construction, repair, renovation, rehabilitation, demolition,
					 clearance, or sealing of any building or of the structure.
(ii) Fees to consultants retained by the
					 qualified applicant to provide the eligible services listed in subdivision (a)
					 of this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2835 - Contract Performance › Section 2835.1 - Periodic review of contract performance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division shall monitor and review, at
					 periodic intervals, the performance of the qualified applicant under its
					 respective contract(s) with the division. The qualified applicant shall provide
					 program reports to facilitate the evaluation process and other such reports
					 that the division may request from time to time.
(b) Should the commissioner find that there
					 has been substantial nonperformance or other breach of the performance contract
					 for reasons other than those over which the applicant can exercise no effective
					 control, the commissioner shall have the right to terminate or modify the
					 contract. Immediately upon such notice of termination, the group is to return
					 all unexpended funds to the divisions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2835 - Contract Performance › Section 2835.2 - Conflict of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 member of the board of directors of the company, nor any member of their
					 immediate families, shall receive financial renumeration directly or indirectly
					 under this program.
(b) No member
					 of the board of directors or staff of the company, nor any member of their
					 immediate families, shall benefit financially, either directly or indirectly,
					 from activities of the board unless: such action is necessary for the
					 accomplishment of activities; such relationship has been disclosed to the
					 division; and written approval has been granted by the commissioner.
(c) No voting member of the board of
					 directors or paid staff of the company, nor any member of their immediate
					 families or personal staff, shall:
(1) hold a
					 publicly elected position at or above the State level, unless board membership
					 of elected officials is mandated by other relevant Federal or State statutes.
					 Voting members of the board of directors who serve as elected public officials
					 at the local level must constitute less than a majority of the board's total
					 membership; or
(2) serve as a
					 member of a political party's executive committee at any jurisdictional
					 level.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2836 - Technical Assistance › Section 2836.1 - Direct

Current through Register Vol. 46, No. 28, July 10, 2024
The division may render to qualified applicants such
						technical services and assistance as to enable such applicants to comply with
						the intent and purposes of this Subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XII - Housing And Community Preservation In Rural Areas › Subchapter C - Rural Area Revitalization Projects Program › Part 2836 - Technical Assistance › Section 2836.2 - Contractual

Current through Register Vol. 46, No. 28, July 10, 2024
The division may contract with municipal and other public
						agencies, and with private persons, firms and corporations, for the rendering
						of technical services and assistance to qualified applicants.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4000 - General Provisions › Section 4000.1 - Division of rules

Current through Register Vol. 46, No. 28, July 10, 2024
This Article sets forth the thoroughbred racing rules
						  and regulations of the New York State Gaming Commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4000 - General Provisions › Section 4000.2 - Powers reserved

Current through Register Vol. 46, No. 28, July 10, 2024
All powers of the commission not specifically defined
						  in this Subchapter are reserved to the commission under the laws creating the
						  commission and specifying the commission's powers and duties.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4000 - General Provisions › Section 4000.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Association or
						racing association means any corporation or franchised corporation authorized
						by the Racing, Pari-Mutuel Wagering and Breeding Law, whether or not duly
						licensed by the commission.
(b)
						Bookmaking or making book means the acceptance or solicitation of a wager as
						defined by article 225 of the Penal Law.
(c) Commission means the New York State
						Gaming Commission or, when referring to other jurisdictions, the governmental
						body having authority over the horse racing and wagering activities in the
						jurisdiction.
(d) Racetrack
						operator means the corporation, association or other business entity that is
						licensed, franchised or otherwise permitted to man- age and operate a race
						track at which pari-mutuel thorough bred horse racing is conducted in New York
						State.
(e) Owner or stable, as
						applied to the racing of a horse, shall include a managing owner, a racing
						owner, a part owner, a lessor and a lessee and may comprise one or more natural
						persons in a partnership or in any other authorized form of collective
						ownership or control and such entity, as more fully defined in Part 4026 of
						this Subchapter.
(f) Race track or
						track shall mean any and all parts of the plant of a racing association,
						including but not limited to: the racing strip, the approaches and entrances,
						the stands and all other accommodations and facilities afforded to the public,
						the stables, barns, paddocks, quarters of jockeys and others employed in or
						about the track, judges' and stewards' boxes, photo finish and film patrol
						plants, pari-mutuel offices, facilities and equipment, totalisator and public
						annunciator system.
(g) Rules and
						regulations shall be deemed to include all rules of the commission applicable
						to administration and racing unless other meaning is clearly
						indicated.
(h) Stewards shall mean
						the steward of the commission, the steward appointed by The Jockey Club, and
						the steward appointed by the racing association conducting the meeting, or
						their deputies or substitutes, acting together or such of them as may be acting
						at the time.
(i) Unless another
						meaning is clearly indicated, words of any gender shall include the masculine,
						feminine, and neuter and refer to natural persons and legal entities, including
						a State department, agency, instrumentality, and governmental subdivision, and
						words of number shall include the singular and plural.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4000 - General Provisions › Section 4000.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.1 - General policy-declaration and administration

Current through Register Vol. 46, No. 28, July 10, 2024
General policies on racing matters are to be declared
							 by the commission. The administration thereof shall be in the hands of the
							 executive director acting through the staff of the
							 commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.2 - Office at each track

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall establish and maintain an office
							 for the commission's use at each track.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.3 - Daily records to be filed

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall maintain in an adequate filing
							 system, records from day to day of all owners, trainers, jockeys, horses and
							 performances and of all applicants for licenses and such other persons or class
							 of persons as may be specified by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.4 - Names on daily racing program

Current through Register Vol. 46, No. 28, July 10, 2024
The names of the commission members and the
							 commission's specified employees with their titles, if any, and the address of
							 the commission's offices shall appear on the daily racing
							 programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.5 - Changes in rules

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall promptly inform the national
							 organization representing State racing commissions and commissions and The
							 Jockey Club of all changes in the commission's rules and regulations and of all
							 penalties imposed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.6 - Orders-form and execution

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the commission has adopted a rule or
							 regulation or has rendered a decision, whether on appeal or otherwise, the
							 signature of the individual commission members shall not be required on any
							 written order or other form of determination, but the secretary of the
							 commission shall certify to and promulgate the same, and his or her signature
							 on such written order or other form of determination or on any promulgation of
							 them shall be valid and effective as evidencing the official action thus taken
							 by the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.7 - Attendance at stewards' meetings

Current through Register Vol. 46, No. 28, July 10, 2024
The chair of the commission or a member or employee
							 of the commission designated by the chair shall be entitled to attend ex
							 officio all meetings of the stewards of The Jockey Club and of the National
							 Steeplechase and Hunt Association.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.8 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.9 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.10 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4001 - Powers And Duties Of The Commission › The Commission › Section 4001.30 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4002 - Occupational Licenses › Section 4002.1 - Occupational licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
						person shall participate in the affairs of any association or corporation
						licensed or franchised by the commission or franchise oversight board to
						conduct thoroughbred race meetings at which pari-mutuel betting is permitted as
						director, agent, or employee of such track, unless such person shall have
						received an occupational license from the commission.
(b) No person shall participate in or at any
						thoroughbred race meet as a managing owner, racing owner, trainer, assistant
						trainer, jockey, apprentice jockey, jockey agent, veterinarian, veterinary
						technician, farrier, stable employee, track supplier, equipment supplier,
						salesman, or agent or be the holder or operator of any concession, or perform
						any service, including without limitation the conduct of negotiations on behalf
						of any person or persons who engage in any racing activities or perform any
						services in connection with the conduct of any thoroughbred race meet, or
						engage in any occupation or employment at any thoroughbred race meet unless
						such person shall have received an occupational license from the commission,
						with the following exceptions:
(1) public
						officers and public employees engaged in the performance of their official
						duties; and
(2) persons exempted by
						the commission from the occupational license requirement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4002 - Occupational Licenses › Section 4002.2 - Unlicensed activity forbidden

Current through Register Vol. 46, No. 28, July 10, 2024
No person requiring a license from the commission shall
						  carry on any activity whatsoever upon the premises of a licensed racing
						  association unless and until the person has been so duly licensed, except that
						  any such person with the consent of the steward of the commission may so act
						  pending action on such person's application duly filed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4002 - Occupational Licenses › Section 4002.3 - Stable employee defined

Current through Register Vol. 46, No. 28, July 10, 2024
The term stable employee shall be deemed to include an
						  authorized agent, subagent, stable manager and any other employee of a licensed
						  owner associated with such owner's racing activities, except as otherwise in
						  sections 4002.1 through
						  4002.3 of this
						  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4002 - Occupational Licenses › Section 4002.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4002 - Occupational Licenses › Section 4002.5 - Application for license-form

Current through Register Vol. 46, No. 28, July 10, 2024
The application for the license shall be in writing in
						  such form as the commission may prescribe and contain such information as the
						  commission may require. Such application shall be duly sworn to before a notary
						  public or commissioner of deeds who shall affix his or her seal. Such
						  application shall be accompanied by the amount of the license fee therefor in
						  such form as may be acceptable to the commission.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4002 - Occupational Licenses › Section 4002.6 - Application for license-procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Applications for such licenses shall be received by the commission on and after
						January 2nd in each year at the principal office of the commission in
						Schenectady, NY, or by personal delivery at the commission's branch office at
						the race course at which a meeting is being conducted at the time.
(b) All applications shall be referred to the
						Bureau of Licensing of the commission, and no license shall be issued until
						after approval thereof by the commission.
(c) No license shall be delivered to the
						applicant unless substantial evidence is first presented to the commission that
						the applicant will participate in racing in New York during the
						season.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4002 - Occupational Licenses › Section 4002.7 - Term of license

Current through Register Vol. 46, No. 28, July 10, 2024
Each such license, unless revoked for cause, shall be
						  for the period of no more than one, two or three years, expiring on the
						  applicant's birth date, as prescribed by Racing, Pari-Mutuel Wagering and
						  Breeding Law section 220(1). A renewal license for owner, trainer, assistant
						  trainer, jockey, jockey agent, racing official, mutuel employee, maintenance
						  employee of the New York Racing Association, Inc., veterinarian, veterinary
						  technician, farrier, track management or track security employee shall be for
						  three years unless an individual establishes good cause for a shorter term or
						  the commission, in the commission's discretion, determines a shorter
						  term.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4002 - Occupational Licenses › Section 4002.8 - Qualifications for license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
						considering qualifications for a license pursuant to Racing, Pari-Mutuel
						Wagering and Breeding Law section 220(2), the commission may establish criteria
						to be met concerning specific license occupations as a condition for licensing.
						If the commission shall find that the applicant fails to meet any of said
						conditions, it shall not grant such license and it shall notify the applicant
						of the denial.
(b) In order to
						maintain a current license, trainers and assistant trainers must complete at
						least four hours per calendar year of continuing education courses approved by
						the commission. Trainers and assistant trainers who are not domiciled in New
						York and have 12 or fewer starts during the previous 12 months may request a
						waiver of this requirement from the State steward.