N.Y. Comp. Codes R. & Regs. tit. 9 § 1803.5

Current through Register Vol. 46, No. 36, September 4, 2024

Section 1803.5 - Financial aid limitations

(a) Notwithstanding anything contained in these regulations to the contrary, the following non-cash grant-in-aid credits, are not eligible for inclusion in any computation to determine the amount of financial assistance:

(1) Subdivision (b) of section 107 of Title I, of the Housing Act of 1949, as amended and supplemented, with respect to a low rent housing project built on land acquired as part of an urban renewal project.

(2) Section 112 of Title I, of the Housing Act of 1949, as amended and supplemented, with respect to expenditures made by or on behalf of an educational institution or hospital, except expenditures made by a private voluntary hospital and/or by a private college or private university within, adjacent to, or in the immediate vicinity of an urban renewal project which are recognized as non-cash grant-in-aid credits by federal government may be recognized by the commissioner, within statutory limits, provided the federal capital grant contract (or loan and grant) was executed after June 30, 1966 and provided further that such expenditures were made in conformity with a plan or undertaking for the clearance, replanning, reconstruction or rehabilitation of a substandard or insanitary area, adjacent to or in the immediate vicinity of an urban renewal project which plan or undertaking shall conform to the comprehensive community plan for the development of the community as a whole, the plan or undertaking is to be submitted to the commissioner in support of a request for non-cash grant-in-aid.

(i) The plan or undertaking for clearance, replanning or rehabilitation of a substandard or insanitary area or areas upon which the section 112 non-cash grant-in-aid credits are based, including a map showing relationship of section 112 area to urban renewal project area. The criteria used in determining area to be substandard or insanitary are to accompany plan as an appendix.

(ii) A certified copy of the report rendered on the plan by the commission, including a finding that the plan or undertaking is in conformity with the comprehensive plan for the development of the community as a whole. The report is to state the date when the plan was submitted to the commission and also the date when delivered to the governing body as well as showing the vote thereon and whether

(a) approved

(b) approved with qualifications or

(c) disapproved.

(iii) Two certified copies of resolution of the governing body, approving the plan or undertaking showing the date thereof and the vote thereon.

(3) Subdivision (d) of section 110 of Title I of the Housing Act of 1949, as amended and supplemented, with respect to

(i) Offsite clearance areas donated to an urban renewal project, unless the survey and planning application submitted in connection therewith received Federal approval prior to January 1, 1961, and

(ii) that portion of any demolition or removal work, improvement or facility to be paid for from any aid, grant or contribution under any other State program, or

(iii) a publicly owned facility, construction of which was commenced after November 2, 1963 to the extent it is not financed with municipal funds.

(b) Notwithstanding anything contained in these regulations to the contrary, State financial assistance for a concentrated code enforcement program otherwise financially aided shall be reduced by such amount and excluded in determining the State financial assistance for the concentrated code enforcement program.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1803.5