New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.51 - Executive order no. 51: temporary suspension of provisions relating to residences and businesses affected by the state disaster emergency

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012 I issued Executive Order No.
					 47 declaring a disaster emergency in all 62 counties in the State of New York;
					 and
WHEREAS, beginning on October 29, 2012 and continuing
					 thereafter, Hurricane Sandy brought damaging winds and torrential rainfall
					 causing record flooding and severe storm surge throughout the State of New York
					 that severely devastated the State; and
WHEREAS, Section 29-a  of the Executive Law authorizes the
					 suspension, alteration or modification of statutes, local laws, ordinances,
					 orders, rules or regulations, or parts thereof, if compliance with such
					 provisions would prevent, hinder or delay action necessary to cope with a State
					 disaster emergency; and
WHEREAS, there are available funds from the New York State
					 Main Street Program, the New York State Community Development Block Grant
					 Program and the New York State Affordable Home Ownership Development Program to
					 address the immediate needs of local residences and businesses, including the
					 rehabilitation of residential and commercial buildings and the replacement of
					 permanent fixtures and equipment;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by Section 29-a of Article
					 2-B of the Executive Law to temporarily suspend and otherwise alter or modify
					 specific provisions of any statute, local law, ordinance, orders, rules or
					 regulations, or parts thereof, of any agency during a State disaster emergency,
					 if compliance with such provisions would prevent, hinder or delay action
					 necessary to cope with the State disaster emergency, hereby temporarily suspend
					 or modify, for the period from the date of this Executive Order until further
					 notice, the following laws under the following conditions:
1. Subdivision (1) of Section 1112  of the
				  Private Housing Finance Law and Section 2162 and 2163.2 of Title 21B of New
				  York Codes, Rules and Regulations, to the extent that:
a) waiving limits on the amount of an
				  Affordable Home Ownership Development Program grant or loan that can be used to
				  finance the cost of a project or a dwelling unit would expedite the financing
				  of home ownership projects located in a State disaster emergency area and allow
				  larger awards to individual applicants living in a State disaster emergency
				  area,
b) waiving or modifying the
				  maximum income criteria for dwelling units located in a State disaster
				  emergency area would permit the Affordable Home Ownership Development Program
				  to assist otherwise ineligible Hurricane Sandy victims; and
c) waiving the limitation on Affordable Home
				  Ownership Development Program grant funds that can be used for acquisition
				  costs of dwelling units would broaden the scope of assistance for residents of
				  a State disaster emergency area;