New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter B - Affordable Home Ownership Development Program › Part 2163 - Program Requirements › Section 2163.1 - Threshold requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) From
				  time to time and as funds become available, the corporation will issue requests
				  for proposals. Proposals from eligible applicants that meet the minimum
				  threshold requirements will be judged on a competitive basis. In determining
				  awards in relation to such proposals, the corporation shall establish such
				  tiered project funding levels based on length and depth of affordability as in
				  its discretion are deemed applicable.
(b) The following are minimum requirements
				  for an application to be considered in the selection process:
(1) Completeness. The proposal must contain
				  the information and documentation required by Part 2164 of this Title
				  sufficient in the corporation's determination to permit the corporation to make
				  the assessments required by this Part.
(2) Eligible area. Based upon information
				  supplied by the eligible applicant or a designation made pursuant to any
				  Federal, State or local law, rule or regulation, the corporation will determine
				  that the project(s) is/are in an eligible area or areas.
(3) Limits on grants and uses. The proposed
				  grant requests may not exceed the dollar limits as determined under the act.
				  Grant funds may only be applied to purposes specified under the act.
(4) Nondisplacement of residents. The
				  proposal must not result in the permanent displacement of low or moderate
				  income residents. Any temporary relocation of residents must be carried out in
				  accordance with a plan which will be subject to the approval of the
				  corporation. In order to prevent permanent displacement, the proposal must, at
				  a minimum, contain a sufficient plan which offers such residents a decent, safe
				  and sanitary dwelling unit in the project or program property comparable to the
				  tenant's affected unit at a monthly cost for rent and utilities that does not
				  exceed the greater of:
(i) the tenant's cost
				  for rent and utilities at the time that a grant agreement with the respective
				  grantee is executed; or
(ii) 30
				  percent of the tenant's household's gross income.
In the event that the project or program involves a broad
					 geographic area, the unit to be offered must be proximately located, as such
					 proximity is determined in the sole opinion of the corporation, to the affected
					 unit.
(5) Equal
				  opportunity. The eligible applicant must agree to comply with the corporation's
				  guidelines, practices and procedures which are designed to ensure that, where
				  possible, minority groups which traditionally have been disadvantaged, and
				  women, are afforded equal opportunity for contracts under the eligible
				  applicant's project(s) or program.
(6) Fair housing. The eligible applicant must
				  agree to comply with all applicable Federal, State, and local fair housing laws
				  and may not engage in any practice or foster any pattern of illegal housing
				  discrimination including but not limited to discrimination based on race,
				  creed, color, national origin, sex, age, disability or marital
				  status.