New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter L - New York State Urban Development Corporation
Part 4212 - High-risk Targeted Investment Program
Section 4212.4 - Selection criteria

Current through Register Vol. 46, No. 12, March 20, 2024

(a) In determining whether to approve a request for program assistance for a project (other than a commercial revitalization project) which satisfies the eligibility criteria set forth in section 4212.3 of this Part, the corporation shall consider whether and the extent to which the proposed project satisfies the following criteria, based upon the data contained in the project application submitted in accordance with the requirements of section 4212.11 of this Part:

(1) the total number of jobs expected to be created or retained;

(2) the ratio of the number of jobs (to be created or retained) to the amount of assistance provided by the program. In general, financing will not be approved for projects that anticipate a return of less than one full-time, permanent job for each $15,000 of program assistance;

(3) the availability of other funding sources;

(4) the percentage of the total project cost that the corporation is being asked to finance. Typically, the corporation's participation (including all funding sources over which the corporation has discretion) will not exceed 33 percent of the total estimated project cost. The corporation may permit program financing in excess of 33 percent of total project cost in appropriate circumstances, as determined by the corporation in light of such factors as the project's debt servicing capability, the relative importance of the project's public purpose and the likely economic and sociological consequences of a failure to authorize such additional program financing;

(5) the ability of the applicant to carry out the project in a manner consistent with the program;

(6) the size of the applicant's equity contribution. In general, the corporation expects an applicant's equity contribution to a project to be at least 10 percent of the total project cost;

(7) the applicant's financial circumstances;

(8) the impact of the project on the local community;

(9) the ability of the applicant to repay the project loan or the bank loan; and

(10) the availability of adequate collateral to secure the project loan or the bank loan.

Additionally, the corporation shall consider the availability of program funds.

(b) Applications for project grants (other than commercial revitalization project grants) shall be evaluated based upon the corporation's reasonable estimation of the suitability of the contemplated improvements which are the subject of the feasibility study or preliminary planning to fulfill the criteria listed in section 4212.3 of this Part and in subdivision (a) of this section.

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