N.Y. Comp. Codes R. & Regs. tit. 21 § 2163.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2163.1 - Threshold requirements

(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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2163.1

Amended New York State Register April 12, 2023/Volume XLV, Issue 15, eff. 4/12/2023