reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2657 - Access To Personal Information › Section 2657.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				  request is made in person, or when records are made available in person
				  following a request by mail, the division may require appropriate
				  identification, such as a driver's license, an identifier assigned to the
				  requestor by the division, a photograph or similar information that confirms
				  that the record sought pertains to the requestor.
(b) When a request is made by mail, the
				  division may require verification of a signature or inclusion of an identifier
				  generally known only by a data subject, or similar appropriate
				  identification.
(c) Proof of
				  identity shall not be required regarding a request for a record accessible to
				  the public, pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2657 - Access To Personal Information › Section 2657.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall
				  be made available for public inspection and copying, upon request and
				  appointment, at the division office located in Albany, New York. Requests for
				  information and records may be made to that office by writing to: Privacy
				  Compliance Officer, Division of Housing and Community Renewal, Human Resource
				  Management Office, Hampton Plaza, 38-40 State Street, Albany, NY 12207, e-mail:
				  DPCOfficer @nysdhcr.gov
(b)
				  Whenever practicable, records shall also be made available at the division
				  office most convenient to a data subject. The privacy compliance officer may
				  designate another location in which a requestor may review records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2657 - Access To Personal Information › Section 2657.5 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for public access to records
				  shall be accepted and records produced during all hours the division is
				  regularly open for business.
(b)
				  Copies of records will be provided in accordance with section
				  2657.11 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2657 - Access To Personal Information › Section 2657.6 - Requests for access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  All requests shall be made in writing. Requests may be submitted by electronic
				  mail.
(b) Requests shall reasonably
				  describe the record sought. To the extent possible, the requestor shall supply
				  identifying information that assists the division in locating the record
				  sought. In the absence of such identification, the division may seek
				  clarification from the requestor, in order for the request to be
				  considered.
(c) Requests based upon
				  categories of information described in a notice of a system of records or a
				  privacy impact statement shall be deemed to reasonably describe the record
				  sought.
(d) Within five business
				  days of the receipt of a request, the privacy compliance officer shall provide
				  access to the record, deny access in writing explaining the reasons therefor,
				  or acknowledge the receipt of the request in writing, stating the approximate
				  date when the request will be granted or denied, which shall not exceed 30 days
				  from the date of the acknowledgment.
(e) The privacy compliance officer shall
				  respond by electronic mail to requests submitted by such mail, to the extent
				  practicable, unless a response in some other form is requested, and shall
				  respond to all other written requests by electronic mail, if possible, upon
				  request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2657 - Access To Personal Information › Section 2657.7 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request from a data subject
					 for correction or amendment of a record or personal information that is
					 reasonably described and pertains to the data subject, the division
					 shall:
(a) make the amendment or
				  correction in whole or in part and inform the data subject that, on request,
				  such correction or amendment will be provided to any person, entity or
				  governmental unit to which the record or personal information has been or is
				  disclosed, pursuant to paragraph (d), (i) or (l) of subdivision 1 of section
				  96 of the
				  Public Officers Law; or
(b) inform
				  the data subject in writing of its refusal to correct or amend the record,
				  including the reasons therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2657 - Access To Personal Information › Section 2657.8 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
Denial of a request for records or amendment or correction
					 of a record or personal information shall:
(a) be in writing, explaining the reasons
				  therefor; and
(b) identify the
				  person to whom an appeal may be directed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2657 - Access To Personal Information › Section 2657.9 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  denied access to a record or denied a request to amend or correct a record or
				  personal information, pursuant to section
				  2657.8 of this Part may, within
				  thirty business days of such denial, appeal to the:
Privacy Compliance Appeals Officer
Office of the General Counsel
Division of Housing and Community Renewal
641 Lexington Avenue
New York, New York 10022
Rent and Eviction Regulations - New York
					 City
(b) The time for
				  deciding an appeal shall commence upon receipt of an appeal that identifies:
(1) the date and location of a request for a
				  record or amendment or correction of a record or personal
				  information;
(2) the record that is
				  the subject of the appeal; and
(3)
				  the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2657 - Access To Personal Information › Section 2657.10 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				  personal information is denied in whole or in part upon appeal, the
				  determination rendered pursuant to the appeal shall inform the data subject of
				  the right to:
(1) file with the division a
				  statement of reasonable length setting forth the data subject's reasons for
				  disagreement with the determination;
(2) request that such a statement of
				  disagreement be provided to any person or governmental unit to which the record
				  has been or is disclosed, pursuant to paragraph (d), (i) or (l) of subdivision
				  1 of section
				  96 of the
				  Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2657 - Access To Personal Information › Section 2657.11 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No charge will
				  be made to inspect a record, certify a record or to certify a denial of a
				  request for a record and the reason therefor.
(b) A charge will be made of 25 cents per
				  page for photocopying of pages that are not larger than 9 inches by 14 inches.
				  There will be no charge for the first five pages.
(c) Charges for materials or services not in
				  paper format shall be based on the actual cost to the division.
(d) Payments for copy charges or charges for
				  other materials or services shall be made by check or money order payable to
				  New York State Division of Housing and Community Renewal.
(e) The requestor shall be notified of the
				  amount of the fee.
(f) Payment must
				  be received by the division prior to obtaining copies of the responsive
				  records.
(g) If payment is not
				  received within 30 days of the notification issued pursuant to subdivision (e)
				  of this section, the request for this information will be considered
				  withdrawn.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2658 - Limits On Administrative Expenses And Executive Compensation › Section 2658.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement Executive Order
					 No. 38, issued by Governor Andrew Cuomo on January 18, 2012, by exercising the
					 authority of the Commissioner of the Division of Housing and Community Renewal
					 ("office") to issue regulations governing the use of State funds and
					 State-authorized payments in connection with providing program services to
					 members of the public. E.O. 38 provides for a limit on administrative expenses
					 and executive compensation of providers of program services in order to meet
					 the State's ongoing obligation to ensure the proper use of taxpayer dollars and
					 the most effective provision of such services to the public.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2658 - Limits On Administrative Expenses And Executive Compensation › Section 2658.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
The office is authorized to issue these regulations
					 pursuant to Executive Order No. 38, dated January 18, 2012, as continued by
					 Executive Order No. 43, dated April 13, 2012, New York Public Housing Law,
					 section 19, and New York Not-For-Profit Corporation Law, section
					 508.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2658 - Limits On Administrative Expenses And Executive Compensation › Section 2658.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Administrative expenses are those
				  expenses authorized and allowable pursuant to applicable agency regulations,
				  contracts or other rules that govern reimbursement with State funds or
				  State-authorized payments that are incurred in connection with the covered
				  provider's overall management and necessary overhead that cannot be attributed
				  directly to the provision of program services.
(1) Such expenses include but are not limited
				  to the following expenses, if otherwise authorized and allowable pursuant to
				  applicable agency regulations, contracts or other rules that govern
				  reimbursement with State funds or State-authorized payments:
(i) that portion of the salaries and benefits
				  of staff performing administrative and coordination functions that cannot be
				  attributed to particular program services, including but not limited to the
				  executive director or chief executive officer, financial officers such as the
				  chief financial officer or controller and accounting personnel, billing,
				  claiming or accounts payable and receivable personnel, human resources
				  personnel, public relations personnel, administrative office support personnel,
				  and information technology personnel, where such expenses cannot be attributed
				  directly to the provision of program services;
(ii) that portion of legal expenses that
				  cannot be attributed directly to the provision of program services;
				  and
(iii) that portion of expenses
				  for office operations that cannot be attributed directly to the provision of
				  program services, including telephones, computer systems and networks,
				  professional and organizational dues, licenses, permits, subscriptions,
				  publications, audit services, postage, office supplies, conference expenses,
				  publicity and annual reports, insurance premiums, interest charges and
				  equipment that is expensed (rather than depreciated) in cost reports, where
				  such expenses cannot be attributed directly to the provision of program
				  services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2658 - Limits On Administrative Expenses And Executive Compensation › Section 2658.5 - Limits on executive compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Limits on executive compensation. Except
				  if a covered provider has obtained a waiver pursuant to section
				  2658.6 of this Part, a covered
				  provider as defined in this regulation shall not use State funds or
				  State-authorized payments for executive compensation given directly or
				  indirectly to a covered executive in an amount greater than $199,000 per annum,
				  provided, however, that the office shall review this figure annually to
				  determine whether adjustment is necessary based on appropriate factors and
				  subject to the approval of the Director of the Division of the Budget.
				  Commencing on July 1, 2013, the limits on executive compensation pursuant to
				  this Part shall be effective and applicable to each covered provider on the
				  first day of each covered provider's respective covered reporting
				  period.
(b) Except if a covered
				  provider has obtained a waiver pursuant to section
				  2658.6 of this Part, where a
				  covered provider's executive compensation given to a covered executive is
				  greater than $199,000 per annum (including not only State funds and
				  State-authorized payments but also any other sources of funding), and either:
(1) greater than the 75th percentile of that
				  compensation provided to comparable executives in other providers of the same
				  size and within the same program service sector and the same or comparable
				  geographic area as established by a compensation survey identified, provided,
				  or recognized by the office and the Director of the Division of the Budget;
				  or
(2) was not reviewed and
				  approved by the covered provider's board of directors or equivalent governing
				  body (if such a board or body exists) including at least two independent
				  directors or voting members, (or, where a duly authorized compensation
				  committee including at least two independent directors or voting members
				  conducted such review on behalf of the full board, such actions were not
				  reviewed and ratified by such board), or such review did not include an
				  assessment of appropriate comparability data;
then such covered provider shall be subject to the
					 penalties set forth in section
					 2658.8 of this Part. To determine
					 whether a covered provider may be subject to penalties, such provider shall
					 provide, upon request by the office or its designee, contemporaneous
					 documentation in a form and level of detail sufficient to allow such
					 determination to be made.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter XI - Miscellaneous Provisions › Part 2658 - Limits On Administrative Expenses And Executive Compensation › Section 2658.7 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting by
				  covered providers. Beginning after the effective date of this regulation,
				  covered providers shall submit a completed EO No. 38 disclosure form for each
				  covered reporting period. Such form shall be submitted no later than 180
				  calendar days following the covered reporting period, unless otherwise
				  authorized. Such form shall be submitted in the manner and form specified by
				  the office or its designee. Covered providers shall further provide the
				  information requested in that form, and any other information requested, upon
				  the request of the office or its designee at any time during the term of or
				  prior to the execution of any contract or agreement with such
				  provider.
(b) Covered providers
				  receiving State funds or State-authorized payments from county or local
				  government, or from entity contracting on its behalf, must report directly to
				  the office as required by this section. The county or local government shall
				  advise such covered providers of their obligation to report directly to the
				  office under this section, but shall not be responsible for receiving or
				  forwarding such reports to the department.
(c) Failure to report. A covered provider's
				  failure to submit a completed EO No. 38 disclosure form, or to provide
				  additional or clarifying information at the request of the office or its
				  designee, may result in the termination or non-renewal of a contract or
				  agreement for State funds or State-authorized payments.
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 A - Rural Housing Programs › Part 2800 - Rural Rental Assistance Program › Section 2800.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The regulations
					 in this Part implement the provisions of (1) article XVII-A of the Private
					 Housing Finance Law (as added by chapter 911 of the Laws of 1982), which
					 establishes a program of rental assistance payments to aid in the provision of
					 housing for low-income persons and families in projects receiving Federal
					 financial assistance from the Farmers Home Administration under title V of the
					 Housing Act of 1949, and (2) a Memorandum of Understanding between the Farmers
					 Home Administration and the Division of Housing and Community Renewal providing
					 for the coordination of State and Federal assistance under such
					 programs.
(b) The regulations in
					 this Part are issued under the authority conferred on the Commissioner of
					 Housing and Community Renewal by section 1025(1) of article XVII-A.
(c) In order to provide for the effective
					 coordination of assistance under article XVII-A with the Federal assistance
					 program which it is designed to supplement, the regulation in this Part shall,
					 whenever practical, be construed and administered in a manner consistent with
					 title V of the Housing Act of 1949 and with the Memorandum of Understanding
					 referred to 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 A - Rural Housing Programs › Part 2800 - Rural Rental Assistance Program › Section 2800.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
					 Part:
(1) Applicant means a sponsor seeking
					 assistance pursuant to article XVII-A.
(2) Article XVII-A means article XVII-A of
					 the Private Housing Finance Law, as added by chapter 911 of the Laws of
					 1982.
(3) Commissioner means the
					 Commissioner of Housing and Community Renewal.
(4) Division means the New York State
					 Division of Housing and Community Renewal.
(5) FmHA means the Farmers Home
					 Administration of the United States Department of Agriculture.
(6) Sponsor means any applicant for
					 assistance under title V who is found by FmHA to be eligible under such law and
					 its regulations.
(7) Title V means
					 title V of the Housing Act of 1949 (42
					 U.S.C. section 1471 et seq.), as
					 amended.
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 A - Rural Housing Programs › Part 2800 - Rural Rental Assistance Program › Section 2800.3 - Rental assistance program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Within the limits of available funds in the Rural Housing Assistance Fund
					 created by article XVII-A, the commissioner will make, and contract to make,
					 rental assistance payments to sponsors in order to provide housing for persons
					 and families of low income in FmHA-assisted projects.
(b) The division will select projects for
					 funding from among eligible applicants based upon its evaluation of the
					 proposed project in the light of the purposes and policy of article XVII-A. In
					 making such selection, the division may rely upon the preapplication and other
					 documents submitted by the applicant to, and information made available by
					 FmHA; the division may also, to the extent it deems appropriate, obtain
					 additional information from the applicant or any other source. Without limiting
					 the power of the commissioner under this section, funding shall be awarded, in
					 general, based upon the following criteria:
(1) a balanced distribution of program funds
					 in respect to the need for adequate housing of low income households in rural
					 areas of New York State;
(2) the
					 existence of a substantial low-income population in the area, relative to its
					 total population;
(3) the scarcity
					 of safe, affordable rental housing for persons of low income in the
					 area;
(4) the existence of
					 substantial unmet housing needs on the part of the elderly, larger families, or
					 any other special population group in the area, and the potential role of the
					 project in meeting such needs;
(5)
					 the degree of community involvement in the proposed project, including but not
					 limited to the participation in sponsorship by corporations funded under
					 article XVII of the Private Housing Finance Law or other community-based
					 not-for-profit organizations;
(6)
					 the feasibility of the project for early implementation;
(7) the degree to which rental assistance is
					 needed to make the project available to low-income tenants;
(8) the cost of the subsidy relative to
					 available cost containment measures, including but not limited to project
					 design features and local real property tax abatement;
(9) the degree to which development of the
					 project may generate additional funding or other support for low-income housing
					 or related programs in rural areas.
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 A - Rural Housing Programs › Part 2800 - Rural Rental Assistance Program › Section 2800.4 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Based upon a
					 determination of the extent of funds available, the commissioner will issue,
					 from time to time, a notice of funding availability (NOFA). This NOFA will be
					 published in newspapers of general circulation in the various rural regions of
					 New York State and contain the following:
(1)
					 the approximate amount of funding available; and
(2) the general requirements for application
					 submission.
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 A - Rural Housing Programs › Part 2800 - Rural Rental Assistance Program › Section 2800.5 - Rental assistance payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 For each unit with respect to which rental assistance is provided, the amount
					 of such assistance for each month, or other rental payment period, shall be the
					 difference between the project rent established pursuant to subdivision (b) of
					 this section and the tenant rent payment established pursuant to subdivision
					 (c) of this section.
(b)
(1) The initial project rent shall be set by
					 FmHA in accordance with title V and its regulations and procedures.
(2) Applications for adjustment in project
					 rents shall be submitted to and processed by FmHA in accordance with exhibit C
					 to subpart C of part 1930 of title 7 CFR, or other applicable Federal
					 regulation. The project rent shall be deemed adjusted upon transmittal to the
					 division by FmHA of a copy of its letter of approval to the sponsor setting new
					 rents.
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 A - Rural Housing Programs › Part 2800 - Rural Rental Assistance Program › Section 2800.6 - Contract provisions and performance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rental assistance payments pursuant to
					 article XVII-A will be made, in accordance with the provisions of section
					 2800.5 of this Part, pursuant to a
					 rental assistance contract between the division and the sponsor.
(b) Rental assistance contracts shall provide
					 for payments for a period of five years, subject, however, to the provisions of
					 section 2800.5(d) of this
					 Part and the availability of appropriated funds.
(c) Tenant selection criteria, including
					 income eligibility and procedures shall be in accordance with applicable FmHA
					 regulations implementing title V.
(d) Rental assistance contracts shall provide
					 for ongoing review and evaluation of sponsor performance for compliance with
					 the terms and policy of article XVII-A and the provisions of these regulations
					 and of the contract. The division may, in connection with such review and
					 evaluation, rely on documents submitted to, and audits and reviews conducted
					 by, FmHA; but this shall not limit the power of the division to conduct its own
					 review and evaluation. In order to permit such review and evaluation, the
					 contract shall require the sponsor to:
(1)
					 provide such reports and information as the contract shall specify or as the
					 division may from time to time request; and
(2) permit access on the part of the division
					 at all reasonable times to the project property and to all books and records
					 relating to the project and its tenants.
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 2810 - General Provisions › Section 2810.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chapter 347 of
					 the Laws of 1980, as amended, added a new article XVII to the Private Housing
					 Finance Law, commonly known as the Rural Preservation Companies Program. The
					 purpose of this act is to encourage and support the efforts of not-for-profit
					 community-based organizations engaged in rural preservation by providing
					 funding for administrative and planning costs essential for ongoing
					 implementation of housing preservation and community renewal activities
					 designed to meet the unmet housing needs of persons and families of low and
					 moderate income and to foster the most effective use of public and private
					 resources for these purposes.
(b)
					 The rules and regulations contained herein are applicable to making funds
					 available to rural preservation companies for rural preservation activities
					 pursuant to the provisions of article XVII of the Private Housing Finance Law,
					 as amended.
(c) Not-for-profit
					 organizations participating in the program are eligible for contracts limited
					 in duration for no more than a one-year term, with the possibility of renewing,
					 extending or entering into new contracts.
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 2810 - General Provisions › Section 2810.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in these rules and regulations:
(a) Commissioner shall mean the Commissioner
					 of the Division of Housing and Community Renewal.
(b) Division shall mean the New York State
					 Division of Housing and Community Renewal (DHCR).
(c) Housing preservation and community
					 renewal activities or rural preservation activities shall include:
(1) the new construction or the acquisition,
					 maintenance, preservation, repair, rehabilitation or other improvement of
					 vacant or occupied housing accommodations; demolition or sealing of vacant
					 structures where necessary or appropriate; disposition of housing
					 accommodations; and management of housing accommodations as agent for the
					 owners, receivers, administrators or municipalities;
(2) activities, similar to those specified in
					 paragraph (a) of this subdivision, aimed at accomplishing similar purposes and
					 meeting similar needs with respect to retail and service establishments within
					 a region when carried out in connection with and incidental to a program of
					 housing related 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 2810 - General Provisions › Section 2810.3 - Equal opportunity

Current through Register Vol. 46, No. 28, July 10, 2024
All activities funded in whole or in part under the Rural
						Preservation Companies 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 B - Rural Preservation Companies Program › Part 2811 - Applicant Eligibility › Section 2811.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant must:
(a) be a bona fide organization in existence
					 either as a corporation or unincorporated, organized group performing
					 significant housing preservation and community renewal activities for at least
					 one full year prior to entering into a contract with the
					 commissioner;
(b) demonstrate by
					 its immediate past and current activities that it has the ability to preserve,
					 repair, maintain, renovate, rehabilitate, manage or operate housing
					 accommodations or to engage in other housing preservation and community renewal
					 activities in the region;
(c)
					 demonstrate that the housing preservation and community renewal activities
					 which are to be performed pursuant to the proposed contract with the
					 commissioner are needed by the region;
(d) possess or have the ability to acquire or
					 gain access to the requisite staff, office facilities, equipment and expertise
					 to enable it to perform the proposed activities. The office shall be located
					 within the region and shall be open during regular business hours.
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 2811 - Applicant Eligibility › Section 2811.2 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The company's
					 officers, directors, members and staff must be fairly representative of the
					 residents and other legitimate interests of the region and shall have acted in
					 a responsible manner.
(b) A
					 majority of the company's directors must be residents of the region.
(c) The governing board of directors shall
					 consist of at least five persons, each of whom must be at least 18 years of
					 age.
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 2811 - Applicant Eligibility › Section 2811.3 - 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 company 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 corprations, 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 XII - Housing And Community Preservation In Rural Areas › Subchapter B - Rural Preservation Companies Program › Part 2811 - Applicant Eligibility › Section 2811.4 - One-third match

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
					 negotiating each contract, the applicant must demonstrate its access to
					 matching support, available or anticipated to be made available, equal to at
					 least one-third of the amount of such contract.
(b) The required match may be cash and/or
					 in-kind contributions and must be used for housing preservation and community
					 renewal activities.
(c) In-kind
					 contributions must be verifiable, quantifiable, reasonable and relevant to the
					 company's activities.
(1) In-kind services
					 may not include:
(i) routine board functions
					 and responsibilities; but may include, with division approval, services from
					 board members for which the company ordinarily would have to pay;
(ii) overtime by executive and full-time
					 administrative staff paid with rural preservation funds;
(iii) technical assistance provided by
					 division staff; or
(iv) any other
					 category determined by the division.
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 2812 - Region Eligibility › Section 2812.1 - Geographic identification

Current through Register Vol. 46, No. 28, July 10, 2024
The region within which the company proposes to conduct
						housing preservation and community renewal activities must be defined by
						precise boundaries.
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 2812 - Region Eligibility › Section 2812.2 - 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 such 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, modernized or rehabilitated
					 under the existing programs to provide sound housing and retail and service
					 establishments which are affordable to the residents and local business persons
					 of such 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 B - Rural Preservation Companies Program › Part 2812 - Region Eligibility › Section 2812.3 - 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 populations
						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 B - Rural Preservation Companies Program › Part 2812 - Region Eligibility › Section 2812.4 - 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 B - Rural Preservation Companies Program › Part 2813 - Application Process › Section 2813.1 - Notice of funding availability (NOFA)

Current through Register Vol. 46, No. 28, July 10, 2024
As funds are made available for the purpose of this
						program, the division shall publish in the State Register notice of the
						availability of funds, and procedures for obtaining and submitting
						applicants.
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 2813 - Application Process › Section 2813.2 - Application submission requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant must complete such forms
					 and attachments as prescribed by the division.
(b) Essential components of the application
					 include:
(1) documentation supporting the
					 eligibility of both the applicant and the region;
(2) general goals in effecting regional
					 preservation, stabilization or improvement;
(3) quantified, measurable objectives to be
					 accomplished by the completion of the activities proposed in the work
					 plan;
(4) financial plan, including
					 budget specifying the use of funds requested from the division, other financial
					 resources, including the one-third match requirement and staffing
					 pattern;
(5) a plan for securing
					 funds from other sources, for administrative and planning costs;
(6) documentation of community
					 support;
(7) documentation that any
					 fees received or proposed to be received by the company in connection with its
					 activities are fair and reasonable;
(8) evidence that the company will, to the
					 extent possible, give preference in hiring to residents of the region who are
					 unemployed or underemployed;
(9)
					 evidence that the company will, to the maximum extent feasible, dispose of
					 residential buildings owned or to be acquired by it to the occupants thereof or
					 to cooperative groups whose members shall be occupants thereof; and
(10) evidence that due consideration will be
					 given to the interests of occupants of properties owned or to be acquired by
					 the company.
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 2813 - Application Process › Section 2813.3 - Application review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 applications will be given a file number, and logged in with date received,
					 name of applicant, proposed region of operation and amount of funding
					 requested.
(b) All applicants will
					 be sent an acknowldgement letter containing said file number which must be used
					 in all future correspondence.
(c)
					 Applications received after the deadline announced in the notice of funding
					 availability will be returned. Incomplete applications will be
					 returned.
(d) All complete
					 applications will be reviewed for compliance with general eligibility
					 provisions of these regulations and 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 B - Rural Preservation Companies Program › Part 2813 - Application Process › Section 2813.4 - Application evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
Contract awards will be based on a review of items
						including, but not limited to, the following:
(a) organization experience;
(b) region need;
(c) proposed program;
(d) proposed budget; and
(e) 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 2813 - Application Process › Section 2813.5 - Notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner shall notify the applicant in writing as to the status of the
					 application.
(b) The commissioner
					 shall render one of the following decisions:
(1) approved as submitted;
(2) approved conditionally; or
(3) disapproved.
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 2814 - Reporting Requirements › Section 2814.1 - Cash drawdown requests and financial reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Disbursement of contract funds shall be
					 made quarter-annually upon cash drawdown requests submitted by the company. The
					 first request shall cover the first three months of the contract term.
					 Subsequent requests and required attachments shall be made six weeks prior to
					 the beginning of each quarter of the term.
(b) Financial reports providing actual
					 accrued expenses are required for each of the first three quarters, six weeks
					 after the completion of said quarter. Each report shall be cumulative. The
					 annual financial report shall be submitted in lieu of the fourth financial
					 quarterly report.
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 2814 - Reporting Requirements › Section 2814.2 - Program reports

Current through Register Vol. 46, No. 28, July 10, 2024
Program reports detailing the accomplishments of housing
						preservation and community renewal activities shall accompany financial reports
						submitted to the division six weeks after the completion of each of the first
						three quarters. Each report shall be cumulative. The annual program report
						shall be submitted in lieu of the fourth program quarterly
						report.
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 2814 - Reporting Requirements › Section 2814.3 - Annual reports and audit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within
					 75 days after the expiration of each contract, the company shall submit the
					 following annual reports:
(1) an annual
					 financial report comparing the approved budget to the actual accrued
					 expenditures on such forms as prescribed by the division. This report may be
					 prepared by the company's fiscal staff, and must be received and signed by the
					 executive director and a member of the board of directors; and
(2) an annual program report outlining the
					 accomplishments of the company in the completion of the housing preservation
					 and community renewal activities on such forms as prescribed by the division.
					 This report must be reviewed by the executive director and the chairman of the
					 board of directors.
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 2815.1 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rural
					 preservation program contracts shall:
(1) be
					 for a period of one year, but may be renewed or extended at the discretion of
					 the commissioner;
(2) define the
					 region or portion thereof within which the housing preservation and community
					 renewal activities shall be performed; and
(3) include the following items:
(i) general goals in effecting rural
					 preservation, stabilization or improvement;
(ii) quantified, measurable objectives to be
					 accomplished by the completion of the activities proposed in the work
					 plan;
(iii) financial plan
					 including budget specifying the use of funds from the division, other financial
					 resources, including the one-third match requirement and staffing
					 pattern;
(iv) a plan for securing
					 funds from other sources, for administrative and planning costs.