N.Y. Comp. Codes R. & Regs. tit. 9 § 1806.1

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

Section 1806.1 - Additional workable program requirements

(a) In addition to the submittal to the Division of Housing and Community Renewal of one copy of the documentation required by the federal government as proof of the approval of its workable program, as defined by the Department of Housing and Urban Development, formerly the Housing and Home Finance Agency, a municipality making application for a State loan, periodic subsidy or capital grant shall also submit documentation showing that it has fulfilled the additional workable program requirements that follow. The purposes of these requirements are to insure that the municipality's urban renewal program (1) will be carried out in conformity with both the letter and the spirit of the State laws prohibiting discrimination in housing; (2) will promote the sound growth and development of communities through positive advancement of the principle of equality of opportunity; and (3) will reflect a policy of open occupancy. A policy of open occupancy shall mean the planning of land re-use in the project area in a manner that will not tend to perpetuate, or to establish, a pattern of segregation inside or outside the project area.

(b)

(1) Codes and ordinances. In order to insure the existence of sound standards for new construction and for the adequate maintenance of existing structures, a municipality shall adopt, if it has not already done so, the State Building Construction Code [see Chapter I of this Title] or an acceptable building code. A municipality shall also submit a description of the procedures to be used in the enforcement of maintenance standards for existing housing and a definitive schedule for the implementation of its code administration program, by neighborhoods or otherwise. It is recommended that a municipality consider the adoption of the State Model Housing Code or comparable housing codes or ordinances.

(2) Comprehensive community plan. In addition to assessing its physical resources and defining long-range planning decisions for land use, major thoroughfares, and community facilities, a municipality shall, to effectuate the purposes of these additional workable program requirements, also assess its social needs and consider the impact of its planning decisions on those needs.

(3) Neighborhood analyses. Neighborhood analyses and planning must, to effectuate the purposes of these additional workable program requirements, take into consideration social factors as well as physical factors in the planning process.

(4) Administrative organization. The municipality shall adopt a specific and detailed program for the administration of the urban renewal project which will assure the availability of sufficient personnel to carry out its defined physical and social planning responsibilities, including code enforcement functions and programs for the relocation of families displaced by public action. It shall also demonstrate the existence of clear-cut lines of authority and responsibility for the achievement of the objectives and requirements of the urban renewal program, specifically including the objective of open occupancy.

(5) Financing. A municipality must demonstrate that it has the financial capacity to carry out all phases of the workable program, including such additional workable program requirements as are set forth in this section.

(6) Housing for displaced families. Where dislocation of individuals of [sic] families is necessary and unavoidable in connection with the execution of an urban renewal program, or the enforcement of building and housing codes, or the construction of public improvements or other government action, the community has a clear responsibility to use its public and private resources and influences to assure the relocation of such individuals or families in standard housing in a suitable environment, without regard to race, creed or national origin. The municipality shall submit specific evidence showing (i) that the listing of vacancies (rental or sales) in housing to be used as a relocation resource, whether within or outside the urban renewal area, will be made available to all families on the basis of nondiscrimination, equal opportunity and open occupancy; and (ii) that the tenant selection programs for publicly assisted housing projects in the community follow the policy of nondiscrimination, equal opportunity and open occupancy. The municipality shall undertake a community-wide information program to explain and foster a policy of open occupancy as part of its relocation program.

(7) Citizen participation. To create a framework for citizen participation in which citizen leadership and initiative and public opinion in its broadest sense will be brought to bear on the work of the local public agency, a citizens advisory committee shall be established to consider the goals and objectives for the planning of community-wide programs, specific urban renewal projects and implementation of its defined workable program. The membership of the citizens advisory committee shall be representative of groups and interests existing within the community. The format and program of work of the committee shall be such as to encourage active participation by its membership in the planning process and a free flow of information among the committee, the local public agency and the community at large. The committee shall have such subcommittees as may be necessary. It shall meet on a regular schedule and be provided with adequate assistance. The citizens advisory committee and its subcommittees shall include adequate representation of minority groups within the community.

(8) Letter of intent. The municipality shall include in its application for State financial assistance a statement of its intent to carry out, in connection with its urban renewal activities, the policies hereinbefore stated of

(i) conformity with the letter and the spirit of State laws prohibiting discrimination in housing;

(ii) promotion of sound growth and development of the municipality through positive advancement of the principle of equality of opportunity; and

(iii) adoption of a policy of open occupancy.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1806.1