reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1803 - Eligibility For And Requisitioning Of State Urban Renewal Assistance Funds › Section 1803.3 - Transfer of projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
					 the State has issued a capital grant to a municipality and the project is to be
					 transferred to a Municipal Urban Renewal Agency, the following shall be
					 submitted in duplicate (originals or certified copies):
(1) A novation agreement among HUD, the
					 municipality and the Municipal Urban Renewal Agency, and
(2) A novation agreement among the State, the
					 municipality and the Municipal Urban Renewal Agency, and
(3) A cooperation agreement between the
					 municipality and the Municipal Urban Renewal Agency. Where a State capital
					 grant has been issued to a municipality the cooperation agreement shall recite
					 that a novation agreement among the State, the municipality and Municipal Urban
					 Renewal Agency, has been entered into.
(4) Two copies of the loan and grant contract
					 entered into between HUD and the Municipal Urban Renewal Agency.
(5) A resolution of the governing body
					 approving the novation agreement among the State, the municipality and the
					 Municipal Urban Renewal Agency and authorizing execution thereof by a specified
					 municipal official.
(6) A
					 resolution of the governing body approving the cooperation agreement between
					 the municipality and Municipal Urban Renewal Agency and authorizing the
					 execution thereof by a specified municipal official.
(7) A resolution of the Municipal Urban
					 Renewal Agency authorizing execution of the novation agreement among the State,
					 the municipality and the Municipal Urban Renewal Agency by a specified
					 official.
(8) A resolution of the
					 Municipal Urban Renewal Agency authorizing execution of the cooperation
					 agreement between the municipality and the Municipal Urban Renewal Agency by a
					 specified official.
(9) Evidence of
					 transfer of all project assets from the municipality to the Municipal Urban
					 Renewal Agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1803 - Eligibility For And Requisitioning Of State Urban Renewal Assistance Funds › Section 1803.4 - Determination of amount

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
					 assistance under loan and subsidy contracts may not exceed one-half of the
					 local grants-in-aid for a program, as recognized by the federal government,
					 under any of the following:
(1) The
					 two-thirds--one-third formula for the sharing of costs between the federal
					 government and the municipality.
(2) The three-fourths--one-fourth formula for
					 the sharing of costs between the federal government and the municipality, for
					 municipalities having a population of 50,000 or less, or is located in a labor
					 market area designated as a redevelopment area. In such case costs incurred for
					 legal, administrative and planning activities are part of and may be included
					 for the purpose of computing amount of State assistance.
(3) The three-fourths--one-fourth formula for
					 the sharing of costs between the federal government and the municipality, for
					 municipalities other than as described in paragraph (2) of this subdivision. In
					 such case expenditures made for legal, administrative and planning services are
					 not part of gross project costs and will not be included for purpose of
					 computing amount of State assistance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1803 - Eligibility For And Requisitioning Of State Urban Renewal Assistance Funds › Section 1803.6 - Progress payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 progress payment of 85 percent on account of the urban renewal grant may be
					 requested upon acquisition of title to, or control of at least 10 percent
					 (based on estimated cost) of real property to be acquired for the project,
					 exclusive of donated land. The final payment of the urban renewal grant will be
					 made upon request after satisfactory evidence of the unqualified federal
					 closeout of the project, is submitted.
(b) Acquisition shall be deemed to occur
					 when:
(1) condemnation proceedings are
					 instituted for the purpose of obtaining title or an order of immediate
					 possession is obtained;
(2) a
					 binding, enforceable contract for the purchase of the real property is entered
					 into; or
(3) an enforceable option
					 to purchase is obtained.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1803 - Eligibility For And Requisitioning Of State Urban Renewal Assistance Funds › Section 1803.7 - Accounts, records and audits

Current through Register Vol. 46, No. 28, July 10, 2024
A municipality or Municipal Urban Renewal Agency
						shall:
(a) Keep and maintain records
					 and accounts in accordance with and in the manner as may be prescribed by the
					 State Comptroller.
(b) Submit
					 within 60 days after the close of the fiscal year, an annual report of its
					 financial condition, to the commissioner and the State Comptroller, in such
					 form as the Comptroller shall require.
(c) Furnish additional information as may be
					 required from the agency or any officer thereof, at any time, by the
					 commissioner or the State Comptroller.
(d) Submit for examination the books and
					 accounts of the agency including its receipts, disbursements, contracts,
					 reserve funds, sinking funds, investments and any other matter relating to its
					 finances or financial standing to the State Comptroller or his legally
					 authorized representative.
(e) Be
					 subject to an examination to be conducted by the State Comptroller at least
					 once in every five years. In lieu of such examination, an external examination
					 of the books and accounts, made at the request of the agency, may be accepted
					 by the State Comptroller.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1803 - Eligibility For And Requisitioning Of State Urban Renewal Assistance Funds › Section 1803.8 - Approval and audit of program costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The net cost of the program shall be
					 certified by the municipality, or by the Municipal Urban Renewal Agency, as the
					 case may be, to, and shall be subject to audit and approval of, the
					 commissioner.
(b) The cost of the
					 community renewal or concentrated code enforcement program shall be certified
					 by the municipality, or by the Municipal Urban Renewal Agency, as the case may
					 be, to, and shall be subject to audit and approval of, the
					 commissioner.
(c) Any financial
					 assistance furnished under either subdivisions (a) or (b) of this section in
					 excess of statutory limitations, the pertinent contract or these regulations
					 shall, as soon as the amount is finally determined by the commissioner, be
					 returned to the State immediately upon notification to the municipality, or
					 Municipal Urban Renewal Agency, as the case may be, of the
					 determination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1804 - Issuance Of Urban Renewal Notes › Section 1804.1 - Prerequisites

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the
					 original issuance of urban renewal notes (as defined in Local Finance Law,
					 section 25.10) for the financing of program activities and undertakings a
					 municipality shall transmit and file with the commissioner the following not
					 less than 15 nor more than 20 days prior to sale:
(1) A transmittal letter signed by the chief
					 fiscal officer of the municipality which includes a statement with respect to
					 each of the following:
(i) that such notes
					 represent an original or refunding issue,
(ii) that the notes are not being issued for
					 a period in excess of one year giving both the date of issue and the maturity
					 date;
(iii) date of federal capital
					 grant contract;
(iv) date of State
					 capital grant contract;
(v) that
					 original of form AC896 (Supplemental Statement of Housing and Urban Renewal
					 Indebtedness) has been filed with the State Comptroller in accordance with his
					 regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1804 - Issuance Of Urban Renewal Notes › Section 1804.2 - Chief fiscal officer, Local Finance Law, section 2.00 (5)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the title of the chief fiscal
					 officer of the municipality is different from that indicated in Local Finance
					 Law, section 2.00(5), a certified copy of the ordinance or local law
					 designating the title of the officer to act as such chief fiscal officer shall
					 be submitted.
(b) Where a deputy or
					 alternate signs in place of the chief fiscal officer, the following shall be
					 submitted:
(1) Certified copy of the local
					 law or ordinance establishing the office.
(2) Certified copy of the
					 designation.
(3) Certificate of
					 incumbency.
(4) The clerk of the
					 municipality shall submit a statement of the reasons the chief fiscal officer
					 did not sign the documents.
No such notes may be renewed for a period extending more
						than seven years beyond the date of the first such note or notes issued in
						connection with such project. No such notes may be renewed after receipt of the
						monies in anticipation of which such notes were issued.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1804 - Issuance Of Urban Renewal Notes › Section 1804.3 - Cash grant-in-aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 municipality shall pay into the project account the entire cash local
					 grant-in-aid at the earliest date possible but in any event no later than the
					 date of the application for a progress payment except as may be otherwise
					 approved by the commissioner.
(b)
					 Municipal guarantee.
(1) A municipality which
					 cannot appropriate and pay the required cash grant-in-aid to the Municipal
					 Urban Renewal Agency from the general or other fund available for current
					 expenses of the municipality without undue hardship, as determined by the
					 commissioner, may request the Municipal Urban Renewal Agency to borrow for and
					 on behalf of the municipality a sum sufficient to provide the amount of the
					 cash grant-in-aid provided the municipality guarantees the payment from
					 municipal sources of the principal and interest on the bonds and notes, assumes
					 and pays all costs involved in the sale of such bonds or notes including legal
					 fees, paying agent fees and all other expenses of the transaction and agrees to
					 make payments to the Municipal Urban Renewal Agency at such appropriate times
					 as will enable the Municipal Urban Renewal Agency to make timely payments on
					 account of the obligation undertaken and arising therefrom.
(2) Whenever it is determined that the
					 Municipal Urban Renewal Agency shall borrow the amount of the cash grant-in-aid
					 for and on behalf of the municipality, as above provided, the cooperation
					 agreement between the municipality and the Municipal Urban Renewal Agency shall
					 so provide and the specific obligations of the municipality, in such event
					 shall be stated therein in detail. A cooperation agreement which does not
					 initially so provide may be amended to do so.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1805 - Notification And Filing › Section 1805.1 - Contemplated programs

Current through Register Vol. 46, No. 28, July 10, 2024
The municipality or agency thereof, as the case may be,
						shall notify the commissioner of any contemplated urban renewal, community
						renewal or concentrated code enforcement program during the early stage of the
						preparation of an application for federal or State assistance, as the case may
						be.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1805 - Notification And Filing › Section 1805.2 - Changes in programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 change in an urban renewal, community renewal or concentrated code enforcement
					 program shall be filed with the commissioner.
(b) No change in an urban renewal, community
					 renewal or concentrated code enforcement program assisted by State financial
					 assistance may be made without the approval of the commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1805 - Notification And Filing › Section 1805.3 - Filing of HUD documents

Current through Register Vol. 46, No. 28, July 10, 2024
Each municipality or Municipal Urban Renewal Agency, as
						the case may be, shall file with the commissioner one copy of each of the
						documents and respective exhibits thereto, set forth in section
						1805.7, simultaneously with the
						transmittal of such documents and their exhibits to HUD.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1805 - Notification And Filing › Section 1805.4 - Notice of litigation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 municipality or Municipal Urban Renewal Agency shall give prompt notice of the
					 commencement of any litigation of any nature against the municipality or agency
					 affecting an urban renewal, community renewal or concentrated code enforcement
					 program to the commissioner by the transmittal of a copy of each document and
					 pleadings, as well as a statement of all pertinent information. A duplicate
					 copy of every communication and enclosures to and from general counsel, HUD,
					 shall be sent to the commissioner.
(b) When in connection with any action or
					 proceeding a written notice is required to be served upon the municipality or
					 Municipal Urban Renewal Agency, by instrument or law, before commencement of an
					 action or proceeding, there shall be transmitted to the commissioner a copy of
					 such written notice within five days after the service thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1805 - Notification And Filing › Section 1805.5 - Organization of Municipal Urban Renewal Agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In connection with the establishment of a
					 Municipal Urban Renewal Agency, the following documentation shall be filed with
					 the commissioner within four months after the effective date of the special act
					 of the Legislature establishing such agency or as said act may otherwise
					 provide:
(1) Three duplicate originals of
					 "Certificate of Establishment of the Municipal Urban Renewal Agency" which
					 shall set forth the following:
(i) the
					 effective date of the special act establishing the agency;
(ii) the name of the agency;
(iii) the names of the members and their
					 terms of office, specifying which member is the chairman;
(iv) facts establishing the need for the
					 establishment of an agency in the municipality; and
(v) signed by the chief executive officer of
					 the municipality.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1805 - Notification And Filing › Section 1805.6 - Communications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All notices,
					 filings and other notifications required to be transmitted to the commissioner
					 under these regulations shall be sent to Commissioner, New York State Division
					 of Housing and Community Renewal, 393 Seventh Avenue, New York, New York 10001
					 Attention: Assistant Commissioner for Urban Affairs, and
(b) Those required to be transmitted to the
					 Secretary of State shall be sent to Secretary of State, Department of State,
					 162 Washington Avenue, Albany, New York 12225.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1805 - Notification And Filing › Section 1805.7 - Documents to be filed where there is federal assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Workable Program for Community
					 Improvement with exhibits (HUD form H-1081), and Review of Progress under
					 Workable Program with exhibits (HUD form H-1082), as well as the respective
					 certification and recertifications.
(b) Survey and Planning
					 Application.
(c) General
					 Neighborhood Renewal Plan Application and the General Neighborhood Renewal Plan
					 when completed.
(d) Community
					 Renewal Program Application.
(e)
					 Concentrated Code Enforcement Program Application.
(f) Local Approval Data, including community
					 renewal program.
(g) Feasibility
					 Survey application, including federal review thereof.
(h) Executed Contract for Federal Planning
					 Advance and evidence of the earmarking of federal capital grant reservation,
					 including federal review thereof.
(i) Part I, Application for Federal Grant
					 (Final Project Report).
(j) Letter
					 of federal approval of Part I, Application for Federal Grant, as well as the
					 enclosures.
(k) Part II,
					 Application for Federal Grant (Local Project Approval Data).
(l) Letter and enclosures, if any, of federal
					 approval of Part II, Application for Federal Grant.
(m) Executed Federal Capital Grant Contract
					 or Loan and Grant Contract evidencing acceptance by the municipality or
					 Municipal Urban Renewal Agency (two certified copies).
(n) Executed Community Renewal Program Grant
					 Contract and documents evidencing acceptance by the municipality or Municipal
					 Urban Renewal Agency. (two certified copies).
(o) Executed Federal Grant Contract for Code
					 Enforcement Program evidencing acceptance by the municipality (two certified
					 copies).
(p) All reports required
					 by HUD during planning and execution stages.
(q) All maps submitted to HUD.
(r) Re-use appraisals, marketability studies
					 and such other reports required by federal government.
(s) All insurance policies required by HUD
					 (or some evidence that such insurance is in force).
(t) Proposed changes in the urban renewal
					 plan and subsequent federal approvals.
(u) Cooperation agreements entered into, if
					 any, as well as resolutions approving same and authorizing execution. (Two
					 certified copies.)
(v) Federal
					 novation agreements, if any, as well as resolutions approving same and
					 authorizing execution. (Two certified copies.)
(w) Copy of "Certificate of Completion and of
					 Gross and Net Project Cost", HUD form H-6204.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1805 - Notification And Filing › Section 1805.8 - Documents to be filed for a non-federally assisted project

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Workable Program for Community
					 Improvement.
(b) Survey and
					 Planning Application.
(c) Final
					 Project Report, Part I of application for grant contract.
(d) Local Project Approval Data, Part II of
					 application for grant contract.
(e)
					 Feasibility survey.
(f) Relocation
					 Plan.
(g) Acquisition
					 documentation, in accordance with section
					 1801.2 of these
					 regulations.
(h) Disposition
					 documentation, as appropriate, in accordance with section
					 1802.2 of these
					 regulations.
(i) Such other
					 documentation as required pursuant to the grant contract and these
					 regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1807 - Payments In Lieu Of Taxes › Section 1807.1 - Notification of intention to make payments in lieu of taxes

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of intention to make payments of annual sums in
						lieu of taxes shall be given to the commissioner by the agency and his approval
						obtained prior to making of any such payments.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1807 - Payments In Lieu Of Taxes › Section 1807.2 - Eligibility of payments in lieu of taxes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality or a Municipal Urban
					 Renewal Agency may pay a sum in lieu of taxes only to those taxing
					 jurisdictions providing services to properties acquired within an urban renewal
					 area.
(b) No such payments may be
					 made for a tax period commencing prior to July 17, 1965.
(c) Payments in lieu of taxes may not exceed
					 tax amounts last levied for the benefit of such taxing jurisdiction as an
					 annual tax on such property prior to the time of its acquisition.
(d) Payments in lieu of taxes may not be made
					 with respect to real property for a period prior to acquisition or after
					 disposition.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1807 - Payments In Lieu Of Taxes › Section 1807.3 - Submissions in support of request for commissioner's approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A certificate
					 showing:
(1) date of acquisition of
					 property;
(2) whether such property
					 was exempt from real property taxation for the tax year during which
					 acquisition occurred;
(3) whether
					 such property was improved with a building on the date of acquisition, or, if
					 acquired during a tax year, was it unimproved on the tax status date.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1807 - Payments In Lieu Of Taxes › Section 1807.4 - Records to be maintained for audit purposes

Current through Register Vol. 46, No. 28, July 10, 2024
The following records shall be maintained by the
						municipality or agency and upon request made available for review and audit
						purposes:
(a) Evidence of HUD approval
					 of such payments in lieu of taxes.
(b) Payments in lieu of taxes actually made
					 to each taxing jurisdiction.
(c)
					 Dates of tax period with respect to each respective parcel of property for
					 which payments in lieu of taxes were made.
(d) Date of demolition, if any, of the
					 improvements thereon, as to each respective parcel of property.
(e) Date of sale or retention of each
					 respective parcel of property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1808 - Conflict Of Interest › Section 1808.1 - Conflict of interest

Current through Register Vol. 46, No. 28, July 10, 2024
No officer or employee of a municipality or of a
						Municipal Urban Renewal Agency may engage in any act or activity which may be
						construed as a conflict of interest within the scope of article 18 of the
						General Municipal Law. In case of any question with respect thereto, inquiry
						should be made to municipal or agency counsel for an opinion, and duplicate
						originals of each such inquiry and opinion are to be submitted to the
						commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1809 - Non Discrimination Clauses › Section 1809.1 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every contract
					 for or instrument of conveyance or lease executed by a municipality or agency
					 for the sale, lease or development of all or part of the urban renewal project
					 area, shall contain covenants by the grantee or lessee which shall run with the
					 land, to effectuate the following:
(1) A
					 covenant that the grantee, its successors and assigns of the land conveyed or
					 any part thereof and any lessee of the land conveyed or any part thereof will
					 not and shall not effect or execute any agreement, lease, conveyance, or other
					 instrument whereby said land or any part thereof is restricted upon the basis
					 of race, creed, color, national origin or ancestry in the sale, lease or
					 occupancy thereof.
(2) A covenant
					 that the grantee, its successors and assigns of the land conveyed or any part
					 thereof and any lessee of the land conveyed or any part thereof will comply
					 with all State and local laws, in effect from time to time, prohibiting
					 discrimination or segregation by reason of race, religion, color, or national
					 origin in the sale, lease or occupancy of the property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1810 - Moving Expense Payments › Section 1810.1 - Authorization

Current through Register Vol. 46, No. 28, July 10, 2024
Municipalities may make moving expense payments to
						displacees, in connection with an urban renewal project, upon adoption by the
						governing body of the municipality of a resolution authorizing and directing
						such payments and appropriating the necessary funds therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1810 - Moving Expense Payments › Section 1810.2 - Payment limitations

Current through Register Vol. 46, No. 28, July 10, 2024
Moving expense payments to displacees are limited
						to:
(a) Residential. Reasonable and
					 necessary moving expenses which exceed the limits provided under federal law or
					 regulation but not in excess of $300.
(b) Commercial. Reasonable and necessary
					 moving expenses which exceed the limits provided under federal law or
					 regulation but not in excess of $25,000; provided, however, that such excess
					 moving expenses are not in any way otherwise reimbursed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1810 - Moving Expense Payments › Section 1810.3 - Eligibility for State financial assistance

Current through Register Vol. 46, No. 28, July 10, 2024
A State capital grant contract will be issued to provide
						for an increase in the amount thereof otherwise payable with respect to an
						urban renewal project up to but not in excess of one-half of the moving expense
						payments made, out of local funds, for the actual moving expenses of displacees
						which exceeds the limits provided in federal law or regulation but is otherwise
						eligible thereunder and is not reimbursable, provided the federal grant
						contract is entered into after May 2, 1967, and provides for the sharing of the
						actual moving expenses of commercial displacees, in excess of $25,000 within
						the limits allowed by law and these regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1810 - Moving Expense Payments › Section 1810.4 - Applications for assistance

Current through Register Vol. 46, No. 28, July 10, 2024
Where State financial assistance is requested for such
						excess moving expense payments, the municipality or the Municipal Urban Renewal
						Agency shall submit:
(a) The name of
					 each displacee reimbursed for such excess moving expenses, their respective
					 former and present addresses or locations, date of removal and the amount each
					 displacee has been reimbursed.
(b)
					 Proof of the amounts paid by each displacee for each reasonable and necessary
					 moving expense.
(c) The total
					 amount of moving expenses reimbursed pursuant to federal law and regulation to
					 each displacee.
(d) Duplicate
					 receipts showing the amount paid to each displacee.
(e) Certification of the amount paid on
					 account of such expenditure.
(f)
					 Certified copy of resolution of governing body of the municipality authorizing
					 such payments and appropriating the funds therefor.
(g) Certified copy of resolution of the
					 governing body of the municipality authorizing application for an amendment to
					 the State capital grant contract providing for an increase in the amount
					 thereof up to one-half of the net amount of the excess moving expense payments
					 made as certified by the municipality, subject to approval by the
					 commissioner.
(h) A certified copy
					 of the federal grant contract providing for the sharing of the moving expense
					 payments to be made to commercial displacees in excess of $25,000, if not
					 previously submitted.
(i) Evidence
					 of federal approval of the moving expense payments made to each displacee.
In addition thereto, if application for assistance is
						made by a Municipal Urban Renewal Agency, such agency shall submit:
(j) Cooperation agreement between
					 the municipality and such agency whereby the municipality agrees to furnish out
					 of its own funds an amount sufficient for such agency to make such excess
					 moving expense payments and whereby the agency agrees to make application for
					 State assistance and upon receipt thereof to reimburse the municipality to the
					 extent of the amount so received.
(k) Certified copy of resolution of such
					 agency authorizing and directing such payments to be made.
(l) Certified copy of resolution of such
					 agency authorizing an application for an amendment to the State capital grant
					 contract providing for an increase in the amount thereof up to one-half of the
					 net amount of the excess moving expense payments made as certified by such
					 agency, subject to the approval of the commissioner (in such case the
					 certification of the amount, by the municipality, is not required).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1811 - Urban Renewal Project Closeout Procedure › Section 1811.1 - Notification

Current through Register Vol. 46, No. 28, July 10, 2024
The municipal urban renewal agency, or municipality,
						within 30 days of approval by HUD of its certificate of completion and of gross
						and net project cost, shall notify the commissioner in writing of such
						approval.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1811 - Urban Renewal Project Closeout Procedure › Section 1811.2 - Net State aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subsequent to
					 approval by HUD of the certificate of completion and of gross and net project
					 cost, the commissioner shall determine the net amount of State aid which the
					 municipality or municipal urban renewal agency is entitled to in furtherance of
					 the project pursuant to its contract with the State.
(b) In order to enable the commissioner to
					 determine such amount, the municipality or municipal urban renewal agency shall
					 submit such documentation as may be necessary in the discretion of the
					 commissioner to adequately determine the difference between:
(1) the net amount of State aid which the
					 municipality or municipal urban renewal agency is entitled to pursuant to its
					 contract with the State in furtherance of the project; and
(2) the total advances previously made under
					 such contract.
Such difference shall be known as the "Net State
						Financial Settlement".
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1811 - Urban Renewal Project Closeout Procedure › Section 1811.3 - State closeout agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Subsequent to the determination of the amount pursuant to section
					 1811.2 of this Part, the
					 municipality or municipal urban renewal agency shall submit for concurrence by
					 the commissioner a State closeout agreement which shall:
(1) set forth the "Net State Financial
					 Settlement" and provide for payment of such difference to either the
					 municipality or municipal urban renewal agency or reimbursement of such
					 difference to the State for overpayments; and
(2) contain such other terms as the
					 commissioner may deem necessary to adequately protect the interests of the
					 State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter B - Housing Trust Fund Corporation › Article 1 - Housing Trust Fund Program › Part 1900 - General Provisions › Section 1900.1 - Purposes

Current through Register Vol. 46, No. 28, July 10, 2024
The regulations in this Part implement the provisions
						  of article XVIII of the Private Housing Finance Law (the act). The act
						  establishes a program to provide funds for eligible applicants to rehabilitate
						  vacant and underutilized residential properties, to convert nonresidential
						  properties to residential properties and to construct new housing to promote
						  the preservation and creation of affordable housing for persons of low
						  income.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter B - Housing Trust Fund Corporation › Article 1 - Housing Trust Fund Program › Part 1900 - General Provisions › Section 1900.2 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The act creates
						a public benefit corporation, to be known as the Housing Trust Fund Corporation
						(the corporation), to administer the Low Income Housing Trust Fund
						Program.
(b) Four types of projects
						are eligible for assistance under this Part: homesteading, cooperatives,
						condominiums and rental projects.
(c) The Housing Trust Fund Corporation shall
						refer any application for payments, grants or loans from persons of low income
						to other eligible applicants who are not persons of low income in the area in
						which such low income persons reside.
(d) In addition to the eligibility of the
						applicants and proposed projects, the act and these regulations establish
						certain requirements with respect to the selection of tenants and/or owners
						subsequent to construction, rehabilitation or conversion, and the rental or
						resale of projects assisted under this Part for periods set forth
						herein.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter B - Housing Trust Fund Corporation › Article 1 - Housing Trust Fund Program › Part 1900 - General Provisions › Section 1900.4 - Housing trust funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payments,
						grants or loans shall be used solely to pay for the actual and necessary cost
						to construct, rehabilitate or convert a project.
(b) No more than 50 percent of the total
						amount of funds originally appropriated in a single fiscal year to the
						corporation shall be allocated to projects within a single
						municipality.
(c) No more than one
						third of the total amount of funds originally appropriated in a single fiscal
						year to the corporation shall be allocated to:
(1) private developers for projects within a
						city with a population of one million or more; and
(2) private developers for projects outside
						cities with a population of one million or more.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter B - Housing Trust Fund Corporation › Article 1 - Housing Trust Fund Program › Part 1901 - Eligibility › Section 1901.1 - Applicant eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Other
						than individuals or municipalities, an applicant must have been in existence as
						a bona fide organization for at least one full year prior to the date of
						application and have as one of its primary purposes the improvement of housing
						for persons of low income, including but not limited to activities which are
						designed to construct, maintain, preserve, repair, renovate, upgrade, improve,
						modernize, rehabilitate or otherwise prolong the useful life, and to manage and
						coordinate the construction and rehabilitation of residential property. In
						cases of partnerships, the existence of a partner who has controlling interest
						in the partnership or its parent may be used to determine the partnership's
						term of existence, if that partner or its parent would otherwise qualify as an
						eligible applicant. In cases of a wholly owned subsidiary which would otherwise
						be eligible, the term of its parent may be used to determine the subsidiary's
						term of existence, if that parent itself would qualify as an eligible
						applicant. Private developers are not required to have as a primary purpose the
						improvement of housing for persons of low income.
(b) An eligible recipient must have been a
						person of low income in the year prior to application to reside in the
						project.
(c) In the case of a
						shared housing project, each person or family whose occupancy is to be based on
						a separate lease or title of ownership shall be considered a separate
						applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter B - Housing Trust Fund Corporation › Article 1 - Housing Trust Fund Program › Part 1901 - Eligibility › Section 1901.2 - Conflict of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						following are restricted from holding voting board membership, serving as
						officers of the applicant and/or staff management positions, except where
						otherwise required by statute:
(1) State
						legislators and members of their staffs who hold policymaking
						positions;
(2) commissioners and
						chairpersons of State departments and their deputies and assistants (including
						members or directors of public authorities, public benefit corporations,
						boards, commissions and councils);
(3) staff of the Division of Housing and
						Community Renewal;
(4) statewide
						elected officials, including the Governor, Lieutenant Governor, Attorney
						General and Comptroller, and members of their staffs who hold policymaking
						positions;
(5) chief executive
						officials and members of the legislative bodies of counties having a population
						of 275,000 or more, within which the project is located, or cities, towns and
						villages having a population of 20,000 or more, within the county in which the
						project is located, except where board membership for such persons is mandated
						by other relevant Federal or State statutes; and
(6) political party chairpersons, party
						organization leaders and members of their executive committees in the State,
						counties having a population of 275,000 or more, within which the project is
						located, or cities, towns and villages having a population of 20,000 or more,
						within the county in which the project is located.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter B - Housing Trust Fund Corporation › Article 1 - Housing Trust Fund Program › Part 1901 - Eligibility › Section 1901.3 - Property eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
						residential property is eligible if at the time of the application it is vacant
						or underoccupied.
(b) A
						nonresidential property is eligible if it is completely vacant at the time of
						application.
(c) A site is eligible
						if residential construction is feasible at the time of application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter B - Housing Trust Fund Corporation › Article 1 - Housing Trust Fund Program › Part 1901 - Eligibility › Section 1901.5 - Eligible construction, rehabilitation and conversion costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The eligible
						costs of a Housing Trust Fund project shall be the actual and necessary cost of
						construction, rehabilitation or conversion, including but not limited to:
(1) construction and rehabilitation costs
						such as labor, materials, construction manager or contractor's fees and
						charges, site preparation and demolition;
(2) architectural, engineering or related
						professional services required in the preparation of construction or
						rehabilitation plans and drawings or write-ups, or in the inspection of
						construction of the project, whether performed by the applicant or outside
						consultants;
(3) costs of obtaining
						the construction or rehabilitation financing for a project, such as public or
						private lender origination fees, credit reports, fees for title searches, fees
						for recording and filing of legal documents, building permits, attorneys' fees,
						private appraisal fees and fees for an independent construction or
						rehabilitation cost estimates;
(4)
						fees charged by a public or private lender associated with the disbursement of
						funds;
(5) necessary and reasonable
						costs of temporarily relocating tenants who are displaced by the rehabilitation
						activities;
(6) the cost of
						acquisition of property, including fees for the title search, title insurance,
						fees for recording and filing of legal documents, attorney's fees, or private
						appraisal fees; however, said costs shall not exceed 25 percent of the payment,
						grant or loan;
(7) carrying costs
						during the period of construction, rehabilitation or conversion, such as
						interim financing, insurance, taxes, sewer, water rents or user
						charges;
(8) working capital fund
						to be used for startup expenses, including but not limited to liability
						insurance, fidelity bond premiums, utility hook-up deposits, maintenance
						equipment, movable furnishings and equipment and other initial project related
						expenses as determined by the corporation;
(9) replacement reserve to be used for
						capital improvements and repairs;
(10) fees charged by local program
						administrators for project-related technical services rendered on behalf of the
						project recipient; and
(11) annual
						independent audit of project funds.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter B - Housing Trust Fund Corporation › Article 1 - Housing Trust Fund Program › Part 1901 - Eligibility › Section 1901.6 - Eligibility of underoccupied residential property -special requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All units in a
						building containing an underoccupied residential property project, but which
						are not a part of said project, shall meet the requirements of the State
						Uniform Fire Prevention and Building Code and local building codes which have
						determined to be more stringent.
(b) An underoccupied residential property
						project may substitute an apartment in the building of the project which is not
						a part of the project provided that the apartment is comparable.