New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXXV - New York State Housing Finance Agency
Subchapter D - Infrastructure Development Demonstration Program
Part 2186 - Infrastructure Development Demonstration Program
Section 2186.4 - Funding criteria and funding determination process
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 2186.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Grant limits.
(1) Grants will be limited to a maximum of
$5,000 for each unit of affordable housing to be contructed or rehabilitated in
conjunction with the infrastructure improvements relating thereto. Grant funds
provided under the program may be used only to pay for eligible costs as
defined herein. The agency shall determine the number of units in any project
which are to be considered affordable housing units for the purpose of
calculating the grant amount. In so doing the agency may rely on the definition
of affordable housing unit used in the affordable housing program also
providing funds for the affordable housing projects in conjunction with the
IDDP.
(2) Not less than 45 percent
of the total amount appropriated shall be made available for projects located
in cities, towns or villages having a population of less than 20,000 persons;
not less than 30 percent in localities having a population of 20,000 to 30,000
persons, with the remaining amount(s) available (not to exceed 25 percent of
the total amount) in places with a population of more than 30,000 persons.
Population of a city, town, or village shall be determined by reference to the
1980 United States Census of Population unless alternative methods of
calculation are approved by the agency.
(b) Minimum program requirements. To be considered for funding under the program, the application must, at a minimum, satisfy the following requirements:
(1) An
application shall have been made to a Federal, State or local entity to receive
funds for the construction or rehabilitation of an affordable housing project
which shall be the same project for which IDDP funds are applied. Such
applications for an affordable housing project may include, but are not limited
to, applications to the Farmer's Home Administration, the United States
Department of Housing and Urban Development, the New York State Housing Finance
Agency, the New York State Affordable Housing Corporation, the State of New
York Mortgage Agency, the New York State Housing Trust Fund Corporation, the
New York State Division of Housing and Community Renewal, the New York State
Department of Social Services, or any local governing body. The funds to be
applied for may be, but are not limited to, mortgage loan financing, Federal
community development block grants, urban development action grants, section 8
assistance payments, rental rehabilitation grants, housing development grants,
homeless housing assistance program funds, local subsidies in the form of cash
grants and the like. Mortgage insurance does not qualify as funds for purposes
of this Part.
(2) The application
to receive funds for the affordable housing project shall be an application
submitted by the eligible applicant. For purposes of this Part, the agency may,
as it considers appropriate, deem an application to receive funds for an
affordable housing project to have been submitted by an otherwise eligible
applicant if the eligible applicant has endorsed the application by its
execution and transmittal of a document or documents acceptable to the agency.
In order to deem such application to have been submitted by the eligible
applicant the agency may, whenever it considers it appropriate, require that
the eligible applicant have an interest in the project such as a joint venture
arrangement, partial ownership or partnership interest therein. Such
application shall be deemed to have been made by an otherwise eligible
applicant if it is the successor in interest in the application through an
assignment thereof. In no event, however, shall an eligible applicant assign
its application for IDDP funds (i) without the agency's consent or (ii) to
anyone other than another eligible applicant. In the event that an application
is made for an affordable housing project under a local government or community
program, the criteria used by the local government or community to determine
affordability shall be defined and must be acceptable by the agency.
(3) Funds for infrastructure improvements
awarded under the program must reduce the cost of the new construction or
rehabilitation of affordable housing projects below that cost otherwise
attainable and such reduced cost must correspondingly reduce the cost of
housing to the occupants of such housing.
(4) The funds made available under the
program must be used to increase locally funded operating or capital
expenditures instead of substituting for funds which the unit of local
government would otherwise have allocated to provide infrastructure
improvements through its normal budgetary process in the absence of the
IDDP.
(5) The affordable housing
project must not result in the permanent displacement of low- or
moderate-income residents on the site of the infrastructure improvements except
pursuant to a plan approved by the agency which provides for alternative
housing which is affordable to the relocated household(s). Any temporary
relocation of residents must also be carried out in accordance with a plan
which will be subject to the approval of the agency and which provides for
relocation within a reasonable distance from the project site and for a
reasonable period of time.
(6) The
eligible applicant must agree to comply with the agency's affirmative action
and equal opportunity requirements established by statute.
(7) The eligible applicant must agree to
comply with the requirements of SEQRA and SHPA.
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