N.Y. Urban Development Corporation Act 174/68 § 16-n: Restore New York's Communities Initiative

* § 16-n. Restore New York's Communities Initiative. 1. Definitions.

(a) For the purposes of this section "deconstruction" shall mean the

careful disassembly of buildings of architectural or historic

significance with the intent to rehabilitate, reconstruct the building

or salvage the material disassembled from the building.

(b) For the purposes of this section "reconstruction" shall mean the

construction of a new building which is similar in architecture and size

to a previously existing building at such location.

(c) For the purposes of this section "rehabilitation" shall mean

structural repairs, mechanical systems repair or replacement, repairs

related to deferred maintenance, emergency repairs, energy efficiency

upgrades, accessibility improvements, mitigation of lead based paint

hazards, and other repairs which result in a significant improvement to

the property.

(d) For the purposes of this section "municipality" shall mean any

county, city, town or village within the state of New York, except a

city having a population of one million or more, unless such area is in

a distressed community as defined in paragraph (c) of subdivision six of

this section.

(e) For the purposes of this section "residential apartment unit"

shall mean a multiple dwelling consisting of one or more rooms

containing at least one bathroom, which room or rooms are separated and

set apart from all other rooms within a multiple dwelling.

(f) For the purposes of this section "affordable housing units" shall

mean permanent housing that is affordable to low- and moderate-income

households, such that the new housing achieves income averaging at or

below fifty percent of the area median income, with residents'

eligibility capped at a maximum of eighty percent of the area median

income at the start of their lease.

2. The Restore New York's Communities Initiative is hereby created.

The corporation is authorized, within available appropriations, to issue

request for proposals at least once per fiscal year to provide grants

for the purposes established in subdivisions four and five of this

section, to municipalities that have completed a property assessment

list, as established in subdivision three of this section.

3. Property assessment list. To be eligible for the demolition and

deconstruction program or rehabilitation and reconstruction program

assistance, as established in subdivisions four and five of this

section, municipalities shall conduct an assessment of vacant,

abandoned, surplus or condemned buildings in communities within their

jurisdiction. Such real property may include residential real property,

residential apartment units and commercial real properties. Such

properties shall be selected for the purpose of revitalizing urban

centers or rural areas, encouraging commercial investment, adding value

to the municipal housing stock, and increasing the amount of affordable

housing units available to low- and moderate-income households. The

property assessment list shall be organized to indicate the location,

size, whether the building is residential or commercial and whether the

building will be demolished, deconstructed, rehabilitated or

reconstructed. Such properties shall be published in a local daily

newspaper for no less than three consecutive days. Additionally, the

municipality shall conduct public hearings in the communities where the

buildings are identified.

4. Demolition and deconstruction program. Real property in need of

demolition or deconstruction on the property assessment list may receive

grants of up to thirty thousand dollars per residential real property.

The corporation shall determine the cost of demolition and

deconstruction of commercial properties on a per-square foot basis and

establish maximum grant awards accordingly. The corporation shall also

consider geographic differences in the cost of demolition and

deconstruction in the establishment of maximum grant awards.

5. Rehabilitation and reconstruction program. (a) Real property in

need of rehabilitation or reconstruction on the property assessment list

may receive grants of up to one hundred fifty thousand dollars per

residential real property. Exclusive of such grant of up to one hundred

fifty thousand dollars for residential real property, individual

residential apartment units on the property assessment list may receive

grants of up to seventy thousand dollars per unit. Nothing contained in

this paragraph shall be construed to authorize grants for real property

and residential apartment units to be combined.

(b) Provided, further, that a project for the rehabilitation or

reconstruction of real property pursuant to this subdivision for the

purpose of creating affordable housing units shall be eligible to

receive a grant of up to one hundred fifty thousand dollars plus up to

seventy thousand dollars per residential apartment unit.

(c) The corporation shall determine the cost of rehabilitation and

reconstruction of commercial properties on a per-square foot basis and

establish maximum grant awards accordingly. The corporation shall also

consider geographic differences in the cost of rehabilitation and

reconstruction in the establishment of maximum grant awards. Provided,

however, to the extent possible, all such rehabilitation and

reconstruction program real property shall be architecturally consistent

with nearby and adjacent properties or in a manner consistent with a

local revitalization or urban development plan. Provided, further, such

grant may be used for site development needs including but not limited

to water, sewer and parking.

6. Granting of assistance. (a) The corporation shall review all

property assessment lists and may make awards pursuant to subdivisions

four and five of this section. The corporation shall, to the fullest

extent possible, provide such assistance in a geographically

proportionate manner throughout the state based on the qualified

applications received pursuant to this section.

(b) Priority in granting such assistance shall be given to properties

eligible under this section that have approved applications or are

receiving grants pursuant to other state or federal redevelopment,

remediation or planning programs including, but not limited to, to the

brownfield opportunity areas program adopted pursuant to section 970-r

of the general municipal law or an investment zone designated pursuant

to paragraph (i) of subdivision (a) or subdivision (d) of section 958 of

the general municipal law.

(c) Priority shall also be given to properties in economically

distressed communities which are defined as cities and other communities

determined by the commissioner of the department of economic development

on the basis of criteria indicative of economic distress, including

poverty rates, numbers of persons receiving public assistance,

unemployment rates, rate of employment decline, population loss, rate of

per capita income change, decline in economic activity and private

investment, and such other indicators as the commissioner deems

appropriate to be in need of economic assistance.

(d) A municipality that is granted an award or awards under this

section shall provide a matching contribution of no less than ten

percent of the aggregated award or awards amount. Such matching

contribution may be in the form of a financial and/or in kind

contribution. Financial contributions may include grants from federal,

state and local entities. In kind contributions may include but shall

not be limited to the efforts of municipalities to conduct an inventory

and assessment of vacant, abandoned, surplus, condemned, and

deteriorated properties and to manage and administer grants pursuant to

subdivisions four and five of this section. A municipality that is

granted an award or awards under this section shall make best efforts to

ensure that minority-owned and women-owned business enterprises

certified pursuant to article fifteen-A of the executive law are given

the opportunity for maximum feasible participation in any municipal

contracting opportunities.

* NB There are 2 § 16-n's