N.Y. Comp. Codes R. & Regs. tit. 9 § 1803.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1803.6 - Progress payments

(a) A progress payment of 85 percent on account of the urban renewal grant may be requested upon acquisition of title to, or control of at least 10 percent (based on estimated cost) of real property to be acquired for the project, exclusive of donated land. The final payment of the urban renewal grant will be made upon request after satisfactory evidence of the unqualified federal closeout of the project, is submitted.

(b) Acquisition shall be deemed to occur when:

(1) condemnation proceedings are instituted for the purpose of obtaining title or an order of immediate possession is obtained;

(2) a binding, enforceable contract for the purchase of the real property is entered into; or

(3) an enforceable option to purchase is obtained.

(c) Such payment may be made at any stage during project execution provided the following documents are submitted in satisfactory form:

(1) Three duly certified copies of a resolution duly adopted by the governing body or Municipal Urban Renewal Agency authorizing chief fiscal officer to file requisitions, together with necessary supporting documents and execute all papers in connection therewith and to do and perform all other things and acts required to be done or performed in order to obtain such payments (see definition of chief fiscal officer, section 1800.3[d] ).

(2) A requisition for capital grant or loan funds consisting of an original and two certified copies of the following items:

(i) In the case of a progress payment of capital grant funds

(a) Urban Renewal Grant Voucher.

(b) Schedule Supporting Request for Capital Grant Progress Payment.

(c) No-Litigation Certificate.

(d) Physical Progress Quarterly Report (HUD form H-6000). (Only page 1 [summary page] will be required.)

(e) Report on Budgetary Status, HUD form H-6250.

(f) Project Balance Sheet, HUD form H-6251.

(ii) In the case of loan funds

(a) Urban Renewal Loan Voucher.

(b) Request for Project Loan Progress Payment.

(c) Schedule Supporting Request for Loan Progress Payment.

(d) No-Litigation Certificate.

(e) Physical Progress Quarterly Report (HUD form H-6000). (Only page 1 [summary page] will be required.)

(f) Report on Budgetary Status, HUD form H-6250.

(g) Project Balance Sheet, HUD form H-6251.

(3) With each request for loan funds, in addition to the foregoing, there shall also be submitted Evidence of the Indebtedness of the Municipality.

(4) Payments shall be deposited in the "Project Expenditures Bank Account" (insert assigned Federal project number).

(d) Community renewal program.

(1) A progress payment of 85 percent on account of the community renewal program grant may be requested at any time after the effective date of the State capital grant. The final payment of the community renewal program grant will be made after satisfactory evidence of the unqualified federal closeout of the community renewal program is submitted. The following documents shall be submitted in satisfactory form:

(i) Three duly certified copies of a resolution duly adopted by the governing body or Municipal Urban Renewal Agency authorizing its chief fiscal officer to file requisitions, together with necessary supporting documents, and execute all papers in connection therewith and to do and perform all other things and acts required to be done or performed in order to obtain such payments.

(ii) A requisition for community renewal grant funds consisting of an original and two certified copies of the following items:

(a) Community Renewal Grant Voucher.

(b) Schedule Supporting Request for Capital Grant Progress Payment.

(c) No-Litigation Certificate.

(d) Certified copy of Community Renewal Program Budget, HUD form H-6410, approved by HUD.

(2) Community renewal payments shall be deposited in a bank account entitled "Community Renewal Fund, " (insert assigned federal project number).

(e)

(1) A progress payment of 85 percent on account of the State capital grant in a non-federally assisted project, may be requested upon local approval of the urban renewal plan after acquisition of 10 percentum of the land. Final payment may be requested upon completion of the project and determination of the final net cost by the commissioner. The following documents shall be submitted in satisfactory form:

(i) Three duly certified copies of a resolution duly adopted by the governing body of the municipality or the Municipal Urban Renewal Agency authorizing its chief fiscal officer to file requisitions, together with necessary supporting documents, and to execute all papers in connection therewith and to do and perform all other things and acts required to be done or performed in order to obtain such payments.

(ii) A requisition for funds consisting of an original and two certified copies of the following items:

(a) Urban Renewal Grant Voucher.

(b) Schedule Supporting Request for Capital Grant Progress Payment.

(c) No-Litigation Certificate.

(iii) Certificate of Completion and of Gross and New [sic ] Project Cost which must be submitted within six months from the date of completion of the project.

(2) Such payments shall be deposited in an account entitled "State-local Assistance Fund, NYSUR- (NF)" (insert assigned New York State No.).

(f)

(1) Progress payments on account of a State capital grant contract for concentrated code enforcement may be requested as follows:

(i) Upon the first anniversary of the federal grant contract for code enforcement, or date of HUD authorization to incur costs, whichever is earlier, 50 percent of the State capital grant contract amount, or total municipal contribution earned, whichever is less.

(ii) During the second year of the federal grant contract for code enforcement, or date of HUD authorization to incur costs, whichever is earlier, 85 percent of the State capital grant contract amount, less previous progress payment, at such time as total municipal contribution earned equals 85 percent of the contract amount. In any event, on the second anniversary of the State contract, 85 percent of the contract amount, less previous progress payment or total municipal contribution earned, less previous progress payment, whichever is less.

(iii) Balance upon final audit by commissioner.

(2) The following forms shall accompany the requisition:

(i) Urban Renewal Grant Voucher.

(ii) No-Litigation Certificate.

(iii) Copy of quarterly Statement of Financial Condition for most recent quarterly period.

(iv) Copy of HUD form H-6173, "Combined Cost Control and Statement of Accountability", for the most recent quarterly period.

(v) Copy of HUD form H-6172, "Semi-Annual Progress Report", for most recent period.

(vi) Copy of latest approved HUD form H-6171, "Code Enforcement Project Budget".

(3) Concentrated code enforcement payments shall be deposited in a bank account entitled "Concentrated Code Enforcement Fund, " (insert assigned Federal number).

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1803.6