N.Y. Comp. Codes R. & Regs. tit. 9 § 8.51

Current through Register Vol. 46, No. 17, April 24, 2024

Section 8.51 - Executive order no. 51: temporary suspension of provisions relating to residences and businesses affected by the state disaster emergency

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;

2. Subdivision (2)(e) of Section 1112 of the Private Housing Finance Law and Section 2161.2 of Title 21B of New York Codes, Rules and Regulations, to the extent that waiving or modifying the Affordable Home Ownership Development Program's requirements that a project or program be located within a blighted, deteriorated or deteriorating area would allow Affordable Home Ownership Development Program funds to be used in State disaster emergency areas that might not otherwise be eligible;

3. Subdivision (3) of Section 1112 of the Private Housing Finance Law and Section 2163.1 and 2164 of Title 21B of New York Codes, Rules and Regulations, to the extent that waiving or modifying the Affordable Home Ownership Development Program's minimum documentation requirements would expedite grant processing in State disaster emergency areas;

4. Subdivision (3) of Section 1221 of the Private Housing Finance Law, to the extent of allowing New York Main Street Program funds to be used in State disaster emergency areas that might not otherwise be eligible;

5. Subdivision (4) of Section 1221 and subdivision (5) of Section 1222 of the Private Housing Finance Law, to the extent of suspending the New York Main Street Program's minimum requirements for submitting a plan or proposal, thereby allowing the Housing Trust Fund Corporation and/or any eligible applicant to expedite the delivery of Main Street Program funds in State disaster emergency areas;

6. Subdivision (2) of Section 1222 of the Private Housing Finance Law, to the extent that the Housing Trust Fund Corporation would be permitted to make awards larger than $500,000 on Main Street Program contracts to new applicants or to award additional Main Street Program funds to existing Main Street Program participants located in a State disaster emergency area;

7. Subdivision (3) of Section 1222 of the Private Housing Finance Law, to the extent that the Chairperson of the Housing Trust Fund Corporation determines that an eligible applicant or an existing Main Street Program participant can reasonably justify an increase in the limit on the percentage of a Main Street contract that can be used for approved planning and administrative costs;

8. Section 21-2100 of the Village Law, to the extent of eliminating the seven-day minimum wait period before a public hearing can be conducted and any other notice requirement, thereby allowing the Housing Trust Fund Corporation and/or eligible applicants to expedite the delivery of Community Development Block Grant funds;

9. Subdivision (4-a) of Section 146 of the Executive Law, to the extent that the Chairperson of the Housing Trust Fund Corporation determines it necessary to waive any requirement to publish, in the State Register or elsewhere, notice of the availability of Main Street Program and Community Development Block Grant funds; and

10. Subdivision (2) of Section 14.09 of the Parks, Recreation and Historic Preservation Law, to the extent of requiring the Commissioner of Parks, Recreation and Historic Preservation to undertake in an expedited fashion the required review as to whether an applicable project located in a State disaster emergency area may have an adverse impact on any property that is listed on the national register of historic places or on the state register or is determined to be eligible for the state register.

Signed: Andrew M. CuomoDated: October 31, 2012

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8.51