9 NYCRR Part 2811 - Executive Department

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Source version current through Sep 15, 2021

All 4 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 2811.1 - General

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The applicant must:

(a)be a bona fide organization in existence either as a corporation or unincorporated, organized group performing significant housing preservation and community renewal activities for at least one full year prior to entering into a contract with the commissioner;

(b)demonstrate by its immediate past and current activities that it has the ability to preserve, repair, maintain, renovate, rehabilitate, manage or operate housing accommodations or to engage in other housing preservation and community renewal activities in the region;

(c)demonstrate that the housing preservation and community renewal activities which are to be performed pursuant to the proposed contract with the commissioner are needed by the region;

(d)possess or have the ability to acquire or gain access to the requisite staff, office facilities, equipment and expertise to enable it to perform the proposed activities. The office shall be located within the region and shall be open during regular business hours.

9 NYCRR 2811.2 - Representation

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The company's officers, directors, members and staff must be fairly representative of the residents and other legitimate interests of the region and shall have acted in a responsible manner.

(b)A majority of the company's directors must be residents of the region.

(c)The governing board of directors shall consist of at least five persons, each of whom must be at least 18 years of age.

9 NYCRR 2811.3 - Conflict of interest

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The following are restricted from holding voting board membership, serving as officers of the company and/or staff management positions, except where otherwise required by statute:

(1)State legislators and members of their staffs who hold policymaking positions;

(2)commissioners and chairpersons of State departments and their deputies and assistants (including members or directors of public authorities, public benefit corprations, boards, commissions and councils);

(3)staff of the Division of Housing and Community Renewal;

(4)statewide elected officials, including the Governor, Lieutenant Governor, Attorney General and Comptroller, and members of their staffs who hold policymaking positions;

(5)chief executive officials and members of the legislative bodies of counties having a population of 275,000 or more, within which the project is located, or cities, towns and villages having a population of 20,000 or more, within the county in which the project is located, except where board membership for such persons is mandated by other relevant Federal or State statutes; and

(6)political party chairpersons, party organization leaders and members of their executive committees in the State, counties having a population of 275,000 or more, within which the project is located, or cities, towns and villages having a population of 20,000 or more, within the county in which the project is located.

(b)The following shall not receive any compensation whatsoever from a recipient organization, directly or indirectly, for services or goods rendered to such organization unless the goods or services are provided pursuant to an award or contract let, unless otherwise required, after a good faith effort to obtain competitive prices is made, the results of which were reported in writing prior to the award of the contract and were approved by the Division of Housing and Community Renewal, which approval shall be based on comparison to arm's length transactions and the needs of the project:

(1)State legislators and members of their staffs who hold policymaking positions;

(2)commissioners and chairpersons of State departments and their deputies and assistants (including members or directors of public authorities, public benefit corporations, boards, commissions and councils);

(3)staff of the Division of Housing and Community Renewal;

(4)statewide elected officials, including the Governor, Lieutenant Governor, Attorney General and Comptroller, and members of their staffs who hold policymaking positions;

(5)chief executive officials and members of the legislative bodies of counties, cities, towns and villages in which county the project is located;

(6)political party chairpersons, party organization leaders and members of their executive committees in the State, counties, cities, towns and villages in which county the project is located;

(7)voting board members and officers, except for salary payments of officers which shall require the approval of the commissioner, which approval shall be granted if the duties assigned to the officer correspond to duties normally assigned to an executive director;

(8)staff members of the recipient organization, except for salary payments;

(9)the immediate families of persons in paragraphs (1)-(8) of this subdivision; and

(10)any firm, association, corporation or partnership in which any individual listed in subdivision (a) or (b) of this section holds an interest of 10 percent or more.

(c)These provisions apply to all persons and entities whether or not their involvement with, or compensation from, a recipient organization is related to the project funded pursuant to this program.

9 NYCRR 2811.4 - One-third match

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)In negotiating each contract, the applicant must demonstrate its access to matching support, available or anticipated to be made available, equal to at least one-third of the amount of such contract.

(b)The required match may be cash and/or in-kind contributions and must be used for housing preservation and community renewal activities.

(c)In-kind contributions must be verifiable, quantifiable, reasonable and relevant to the company's activities.

(1)In-kind services may not include:

(i)routine board functions and responsibilities; but may include, with division approval, services from board members for which the company ordinarily would have to pay;

(ii)overtime by executive and full-time administrative staff paid with rural preservation funds;

(iii)technical assistance provided by division staff; or

(iv)any other category determined by the division.

(d)Documentation of in-kind services must be available for review by division staff.

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