New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.33 - Executive order no. 33: temporary suspension of provisions relating to businesses affected by the state disaster emergency

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on August 25, 2011, I issued Executive Order
					 Number 17 declaring a disaster emergency in the counties of Bronx, Kings, New
					 York, Queens, Richmond, Nassau, Suffolk and contiguous areas in the State of
					 New York; and
WHEREAS, on September 15, 2011, as a result of the power
					 outages and extensive flooding and damages to homes, businesses and
					 transportation networks caused by Hurricane Irene and Tropical Storm Lee, I
					 issued Executive Order Number 22 in order to amend Executive Order Number 17 to
					 declare a State disaster emergency, effective September 12, 2011, within the
					 territorial boundaries of the following additional Counties: Albany, Broome,
					 Chenango, Chemung, Clinton, Columbia, Delaware, Dutchess, Essex, Greene,
					 Herkimer, Montgomery, Oneida, Orange, Otsego, Putnam, Rensselaer, Rockland,
					 Saratoga, Schenectady, Schoharie, Sullivan, Tioga, Ulster, Warren, Washington
					 and Westchester; and
WHEREAS, Section 29-a  of the Executive Law authorizes the
					 suspension, alteration or modification of statutes, local laws, ordinances,
					 orders, rules or regulations, or parts thereof, if compliance with such
					 provisions would prevent, hinder or delay action necessary to cope with a
					 disaster emergency; and
WHEREAS, there are available funds from the New York Main
					 Street Program to address the immediate needs of local businesses, including
					 the rehabilitation of commercial buildings and the replacement of permanent
					 fixtures and equipment;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by Section 29-a of Article
					 2-B of the Executive Law to temporarily suspend and otherwise alter or modify
					 specific provisions of any statute, local law, ordinance, orders, rules or
					 regulations, or parts thereof, of any agency during a State disaster emergency,
					 if compliance with such provisions would prevent, hinder or delay action
					 necessary to cope with the disaster, hereby temporarily suspend or modify, for
					 the period from the date of this Executive Order until further notice, the
					 following laws under the following conditions:
1. Subdivision (4-a) of Section 146  of the
				  Executive Law, to the extent that the chairperson of the Housing Trust Fund
				  Corporation determines it necessary to waive any requirement to publish, in the
				  State Register or elsewhere, notice of the availability of Main Street Program
				  funds;
2. Subdivision (3) of
				  Section 1221  of the Private Housing Finance Law, to the extent of allowing New
				  York Main Street Program funds to be used in disaster emergency areas that
				  might not otherwise be eligible;
3.
				  Subdivision (4) of Section 1221 and subdivision (5) of Section 1222  of the
				  Private Housing Finance Law, to the extent of eliminating New York Main Street
				  Program's minimum requirements for submitting a plan or proposal, thereby
				  allowing the Housing Trust Fund Corporation and/or any eligible applicant to
				  expedite the delivery of Main Street Program funds in disaster emergency
				  areas;
4. Subdivision (2) of
				  Section 1222  of the Private Housing Finance Law, to the extent that the Housing
				  Trust Fund Corporation would be permitted to make awards larger than the
				  $500,000 limit on Main Street Program contracts to new applicants or to award
				  additional Main Street Program funds to existing Main Street
				  participants;
5. Subdivision (3) of
				  Section 1222  of the Private Housing Finance Law, to the extent that the
				  Chairperson of the Housing Trust Fund Corporation determines that an eligible
				  applicant or an existing Main Street Program participant can reasonably justify
				  an increase in the limit on the percentage of a Main Street contract that can
				  be used for approved planning and administrative cost; and
6. Subdivision (2) of Section 14.09  of the
				  Parks, Recreation and Historic Preservation Law, to the extent of requiring the
				  Commissioner of Parks, Recreation and Historic Preservation to undertake in an
				  expedited fashion the required review as to whether an applicable project may
				  have an adverse impact on any property that is listed on the national register
				  of historic places or on the state register or is determined to be eligible for
				  the state register.
Signed: Andrew M. CuomoDated: November 10,
					 2011