N.Y. Urban Development Corporation Act § 16-n

Current through 2024 NY Law Chapter 202
Section 16-n - [Multiple versions] 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 lowand 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 lowand 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.

N.Y. Urban Development Corporation Act Law § 16-n

Amended by New York Laws 2022, ch. 58,Sec., HHH-3, eff. 4/9/2022.
Amended by New York Laws 2022, ch. 58,Sec., HHH-2, eff. 4/9/2022.
Amended by New York Laws 2022, ch. 58,Sec,, HHH-1 eff. 4/9/2022.
Amended by New York Laws 2018, ch. 58,Sec. O-1, eff. 4/12/2018.
Amended by New York Laws 2016, ch. 151,Sec. 1, eff. 7/21/2016.