2013 New York Consolidated Laws
PVH - Private Housing Finance
Article 24 - (1170 - 1174) NATIONAL AFFORDABLE HOUSING ACT PROGRAM
1172 - The New York state HOME program.

 
    §  1172.  The  New York state HOME program.  1. Agreements. (a) Within
  the limit of HOME program funds, the division is  hereby  authorized  to
  take  administrative  actions  necessary to comply with HUD requirements
  and consistent with the provisions of this article  in  order  to  enter
  into  agreements  with applicants to provide grants and loans which such
  applicants shall  use  to  finance  projects  that  qualify  under  HOME
  regulations as eligible activities.
    (b)  The division shall not enter into an agreement under this article
  except with an eligible applicant which  has  submitted  an  application
  pursuant  to  a  notification  of  fund  availability  and a request for
  proposals issued by the division.
    (c) The division and the applicant  shall  execute  a  grant  or  loan
  agreement which shall set forth the terms and conditions under which the
  grant or loan will be provided.
    2.  Notice  of fund availability. The division shall issue its initial
  notice of fund availability and request for proposals within  forty-five
  working  days  of the effective date of this article. No more than sixty
  percent of the HOME funds shall be available  for  reservation  in  such
  initial  funding  cycle. No later than sixteen months from the effective
  date of this article, the division shall  issue  a  second  request  for
  proposals  and  make  available  those  funds  not  committed during the
  initial  request  for  proposals,  including  funds  recaptured  by   or
  otherwise made available to the division by the federal government under
  the  HOME  program. Additional requests for proposals shall be issued at
  the discretion of the division but in any event no later than sixty days
  following the availability of additional federal funds.
    3. Application procedures.  (a) Documentation determining eligibility.
  The division shall provide each applicant with a list of documents  that
  must  be  included  in  the  application  before  the application can be
  entered into the competitive process for  the  awarding  of  grants  and
  loans.  The  division  shall  also include with such list of documents a
  detailed description of the review  and  selection  procedures  criteria
  utilized  by the division pursuant to paragraph (b) of this subdivision.
  Within ten working days after the last day for receipt of  applications,
  the  division  shall  notify  applicants  if  and how the application is
  incomplete and provide ten working days to  complete  such  application.
  Documentation  requirements shall include but not necessarily be limited
  to: (1) a feasibility study and market analysis of the proposal;  (2)  a
  proposed  project  financing  and  leveraging plan; (3) a schedule, with
  specific dates, of the  expected  project  commencement  date,  expected
  completion  date,  and  if  appropriate,  the  anticipated  schedule for
  closing and occupancy of units; (4) a  description  of  the  applicant's
  qualifications and previous experience; (5) a statement by the applicant
  as  to  the  status  of  all public approvals and clearances required to
  undertake the project; (6) a plan  as  to  how  applicants  will  ensure
  compliance  with  all  federally  mandated  regulations  throughout  the
  regulatory term; (7) a statement describing the amount of and source  of
  any  matching  contributions  required  for  the proposed project and an
  opinion  of  counsel  that  funds  proposed  to  be  used  as   matching
  contributions  are  legally  available to be used as proposed; and (8) a
  statement of need and how the  project  will  further  goals  delineated
  within the state CHAS.
    (b) The review and selection procedure. Within forty-five working days
  of  the  effective  date  of  this  article, the division shall develop,
  consistent with federal law and  regulations,  a  review  procedure  and
  selection  criteria  for  evaluating  applications,  which shall include
  design, underwriting, legal and program requirements. Such procedure and
  selection criteria shall be provided to applicants with the application.

  Such selection  criteria  shall  include  but  not  be  limited  to  the
  following  factors:  (1)  the  extent to which the proposal will serve a
  demonstrated need; (2)  the  degree  to  which  the  proposal  leverages
  private  investment  or  other  funding  sources;  (3) the likelihood of
  successful project completion, including consideration of the  submitted
  market  analysis,  the  prior  experience  of  the  applicant,  and  the
  viability  of  the  submitted  completion  schedule;  and  (4)  type  of
  assistance requested.
    4.  Selection  for  award  and notification requirements. The division
  shall base the awarding of grants and loans subject to the  availability
  of  funds  upon the competitive review and selection procedure described
  in paragraph (b) of subdivision three of  this  section.  Within  eighty
  working  days  following  the  last  day  for receipt of applications in
  response to a request for  proposals,  the  division  shall  notify  all
  applicants of its funding decisions.
    (a)  The division will notify, in writing, all applicants who were not
  selected for funding of the reasons why the  proposal  was  not  funded,
  including  the  design,  underwriting,  legal  or  program deficiencies,
  deficiencies  of  any  documents  and/or  the  basis  upon   which   the
  application  was  determined  to  be  ineligible  for funding. Until the
  issuance of a subsequent notice of  fund  availability,  applicants  not
  selected for funding due solely to the non-availability of federal funds
  under  the  notice  of  fund  availability  shall  remain  eligible  for
  selection for funding under such notice  of  fund  availability  in  the
  event that unused federal funds become available for reallocation.
    (b)  The  division  shall  provide each applicant selected for funding
  with a list of conditions that must be met  prior  to  entering  into  a
  contract  pursuant  to  this  article.  Within  fifteen  working days of
  receipt by the division of all documents in satisfaction  of  the  list,
  the   division   shall  notify  the  applicant  of  the  sufficiency  or
  insufficiency of the documents. After satisfaction by the  applicant  of
  all  conditions  required  by  the  division  prior  to  entering into a
  contract, the division shall enter into the contract  within  forty-five
  working  days of satisfaction of such conditions. Applications which are
  not selected for funding  must  be  resubmitted  by  the  applicant  for
  consideration under subsequent notices of funding availability.
    5.  Distribution  of  funds.  Eighty  percent  of  the funds available
  hereunder after deducting the set asides mandated by NAHA for  community
  housing  development  organizations,  shall  be  reserved  for  projects
  located within non-participating jurisdictions, provided  however,  that
  such  reservation  may  be  less  than eighty percent where, following a
  notice of funding availability and request for proposals,  the  division
  has  made  a  written  finding  that  (i) applications, except those not
  selected for funding pursuant to subdivision four of this  section,  for
  projects in non-participating jurisdictions will not totally utilize the
  remaining  available  reserved  funds and (ii) such funds are subject to
  recapture by HUD pursuant to federal HOME regulations within one hundred
  eighty days.
    6. Monitoring and review. The division shall provide for  the  review,
  at  periodic  intervals  not  less  than annually, of the performance of
  applicants receiving grants or loans  pursuant  to  this  article.  Such
  review  shall,  among  other things, be for the purposes of ascertaining
  the conformity to agreement provisions, and adherence  to  federal  HOME
  regulations.    Agreements  entered into pursuant to this article may be
  terminated and funds may be withheld or recaptured by the division  upon
  a  finding  of  substantial  nonperformance  or breach by such applicant
  under  its  agreement  or  for  failure  to  adhere  to   federal   NAHA
  requirements.

    7.  Notwithstanding  any  contrary provision of law, on and after June
  thirtieth, nineteen hundred ninety-five, the division  shall  not  issue
  notices  of fund availability, accept applications or enter into any new
  agreements pursuant to the provisions of this section.