New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter A - General Provisions › Part 1600 - Scope And Definitions › Section 1600.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in
					 these rules and regulations:
(1) Area shall
					 mean any section of a municipality wherein the commissioner, an authority or a
					 municipality finds that insanitary or substandard conditions exist, and may
					 include buildings and improvements not in themselves insanitary or
					 substandard.
(2) Authority shall
					 mean a municipal housing authority constituting a public benefit corporation
					 organized pursuant to law to accomplish any or all of the purposes specified in
					 article 18 of the Constitution of the State of New York.
(3) Contract for State aid shall mean a
					 contract entered into by and among one or more local agencies and the State
					 embracing an undertaking of a local agency to effectuate the purposes of
					 article 18 of the State Constitution and involving the advance of funds by the
					 State in the form of a loan, a subsidy, or a loan and subsidy.
(4) Commissioner shall mean the State
					 Commissioner of Housing and Community Renewal.
(5) Constitution shall mean the Constitution
					 of the State of New York.
(6) Date
					 of physical completion shall mean the date, as certified by the local agency
					 and concurred in by the commissioner, when every phase of the development of
					 the project has been fully and satisfactorily completed so that the total
					 development cost of the project may be determined. The commissioner within his
					 discretion may, however, determine that a project has been physically completed
					 at any time.
(7) Date of
					 substantial completion shall mean the first day of the month following that in
					 which 95 per cent of the total dwelling units in the project proper become
					 available for occupancy. The commissioner, within his discretion may, however,
					 advance or defer the date of substantial completion, or in the case of a
					 multiple-development project or a single-development project being built in
					 sections, set a date of substantial completion for each part or section. The
					 date of substantial completion is the cut-off point for the charging of direct
					 costs, carrying charges, and initial operating period expenses to development
					 costs; it also determines when the recording of vacancies for the project
					 proper shall commence and, in connection with the bond issue date, when the
					 provision for amortization and the accrual of subsidies shall commence,
					 etc.
(8) Development costs shall
					 mean the capital costs, less the related credits, of such undertakings as are
					 necessary to carry out the terms of a contract for State aid to effectuate the
					 purposes of article 18 of the State Constitution in accordance with the
					 provisions of the applicable statutes, the contract for State aid, and the
					 regulations of the division. Development costs is a generic term embracing the
					 related programs as well as the project proper, and shall include direct costs
					 during the development period, planning costs, financing costs, carrying
					 charges during the development period, architectural and engineering costs, the
					 costs of land acquisition, site development, demolition, and construction, the
					 cost of relocating tenants, the costs of repairing, remodeling, rehabilitating,
					 reconstructing or relocating existing buildings, tenant selection costs,
					 preliminary expenses, and expenses during the initial operating period, but not
					 beyond the date of physical completion.
(9) Development period shall mean the period
					 beginning with the date of the contract for State aid and ending with the date
					 of substantial completion. The bulk of the development work in connection with
					 the project proper will have been completed during the development period, but
					 such development work and work in connection with related programs may continue
					 beyond the development period, the costs continuing to be capitalized as
					 development costs.
(10) Division
					 shall mean the State Division of Housing and Community Renewal.
(11) Local agency shall mean a local
					 municipal housing authority or a municipality.
(12) Municipal corporation and municipality
					 shall mean a city, town or village.
(13)
(i)
					 Initial operating period shall mean the period beginning with the first day of
					 the month in which income is first derived from rentals from the project proper
					 and ending with the date of substantial completion. The initial operating
					 period is a part of the development period and the net income or expense for
					 the period is capitalized.
(ii)
					 Operating period shall mean the period beginning with the date of substantial
					 completion. The date of substantial completion shall be considered as the first
					 day of the operating period.
(14) Plan shall mean a plan or undertaking
					 for the clearance, replanning and reconstruction of a substandard and
					 insanitary area or areas for recreational or other facilities incidental or
					 appurtenant thereto.
(15)
					 Preliminary expenses shall mean those expenses, exclusive of tenant selection
					 costs, attributable to the initial operation of the project proper, and
					 incurred prior to the beginning of the initial operating period. Preliminary
					 expenses are capitalized as development costs.
(16)
(i)
					 Project shall mean a specific work or improvement to effectuate all or any part
					 of a plan, as embraced in a specific contract for State aid. Ordinarily, each
					 project will be the subject of a single contract and will be identified by a
					 project number assigned by the Division of Housing and Community
					 Renewal.
(ii) Project proper shall
					 mean that portion of a local agency's project which is intended to provide
					 homes for persons of low income, as by acquiring one or more sites, clearing
					 the site(s), constructing dwelling units thereon, operating or managing the
					 buildings, and providing the appurtenances incidental thereto.
(iii) Multiple-development project shall mean
					 a project in which the project proper involves the development of two or more
					 sites.
(iv) Single-development
					 project shall mean a project in which the project proper involves the
					 development of only one site.
(17) Related programs shall mean those
					 portions of a local agency's project to effectuate the purposes of article 18
					 of the State constitution, other than the provision of homes for persons of low
					 income. Such programs may include the clearance of areas other than the site
					 (offsite clearance), the replanning, reconstruction, or rehabilitation of
					 substandard and insanitary areas, the provision of incidental and appurtenant
					 facilities, etc.
(18) Site shall
					 mean an area of the municipality specifically designated for the development of
					 a project.
(19) A senior citizen
					 shall mean any male or female person 62 years of age or older.
(20) State shall mean the State of New
					 York.