New York regulations
Title 9 Part 2834
Executive Department
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9 NYCRR 2834.1 - Contracts
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)The qualified applicant must be incorporated as a not-for-profit corporation prior to execution of an RARP Program contract or, if unincorporated, be in compliance with all State laws regarding registration and reporting of the organization.
(b)A performance contract shall serve as the award mechanism. Such contract shall only be entered into with RARP companies and shall not be assigned or transferred, except upon written authorization of the commissioner. Such performance contract shall include, but not be limited to:
(1)the term of the performance contract, which shall not in any event exceed two years from its commencement;
(2)the amount, which shall not exceed $100,000;
(3)the specific location and description of the proposed RARP, including the approximate number of buildings and residential, commercial, community or cultural units affected;
(4)the exact scope of work to be performed and the specific terms and conditions required by the division;
(5)a detailed timetable for completion of proposed RARP;
(6)a listing of all other funding sources committed to the proposed RARP;
(7)a detailed long-term plan for the management or disposition of the property improved by the applicant.
(i)The division shall have the right to review and approve the tenant selection procedure, the terms and conditions of all initial leases, and the overall management plan for operating and maintaining the property.
(ii)The division shall have the right to review and approve any transfer of property acquired or improved, in whole or part, with RARP funds, for a period of seven years commencing at the time of project completion. Any funds recaptured by and through such transfers shall be recaptured on a pro rata basis over the seven-year term. Instruments, in addition to the RARP contract, may be executed to ensure enforcement of this provision.
(iii)Any violation of the terms and/or conditions of the RARP program contract, the regulations, or article XVII-B of the Private Housing Finance Law, may be subject to a recapture of the grant on a pro rata basis over the seven-year term; and
(8)an agreement to guarantee future maintenance of the improvement subsequent to the termination of the performance contract.
9 NYCRR 2834.2 - Program funds
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Funds awarded to the qualified applicant may be in the form of a grant, a loan, or a combination of both.
(b)Use of funds.
(1)Program funds shall be for payment of material expenses related to the proposed RARP incurred subsequent to contract execution, including:
(i)The costs of acquisition, construction, repair, renovation, rehabilitation, demolition, clearance and sealing of any building or other structure, provided that such funds may not be used for planning of any such activity or for operating an office to be used by the qualified applicant and, provided further that, no funds shall be used for acquisition unless such acquisition is in conjunction with the construction, repair, renovation, rehabilitation, demolition, clearance, or sealing of any building or of the structure.
(ii)Fees to consultants retained by the qualified applicant to provide the eligible services listed in subdivision (a) of this section.
(2)In no event shall program funds be used for:
(i)payment of salaries and wages to employees of the qualified applicant, unless specifically authorized and set forth in the RARP Program contract; or
(ii)other costs or expenses directly related to the applicant's employees or consultants, including office rentals, office equipment, fringe benefits, office expenses or other administrative expenses.
(c)All contracts entered into by the applicant for any services which are to be paid for, in whole or in part, with program funds shall be arm's-length transactions and shall be entered into only after an appropriate evaluation of the experience and qualifications of the contracting form or individual. All firms and individuals with whom such contracts are executed shall be experienced and qualified, and the contract price shall be fair and reasonable. The commissioner shall have the right to withhold funds for payment and/or cancel any contract that, in the commissioner's sole judgment, does not comply with this subdivision.
(d)The qualified applicant shall not enter into any other contract, lease or other agreement whose term or effect commit the use of program funds for a period of time in excess of the term of the performance contract.
(e)Payments shall be made by the division to the qualified applicant as needed to compensate such applicant for work completed on the proposed project. The division may withhold payments if all required documentation is not presented or is incomplete.
(f)The qualified applicant shall maintain accurate books and records of all financial transactions which relate to the performance of the contract, in accordance with generally accepted accounting principles, and make these records available to the division upon request.