New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 510
Executive Department
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9 NYCRR 510.1 - Purpose
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
The purpose of this Part is to create the Queens Flood Damage Assistance Program (program) and establish an application and program procedures in accordance with section 25 of chapter 17 of the Laws of 1999 for the award of grants in Queens County by the State Emergency Management Office (SEMO) to small businesses and residents affected by a severe rainstorm on or about January 3, 1999.
9 NYCRR 510.2 - Definitions
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
For purposes of this Part, the following terms will be defined as follows:
(a)Applicant means any resident or small business that may apply for a grant pursuant to the program.
(b)Application means the form developed by SEMO for purposes of this Part and made available to applicants.
(c)Affected areas means those areas of southern Queens County referred to as Arverne, Laurelton, Rosedale and Springfield Gardens and which are identified by New York Postal Zones 11692, 11422 and 11413, as well as other areas of Queens County that SEMO, in its discretion, determines were damaged and are eligible under the provisions of the program.
(d)Certification means that part of the application where an applicant must certify that he or she is not engaging in any fraudulent conduct as well as provide other information deemed necessary by SEMO.
(e)Compensation means an award, grant or insurance reimbursement for any loss suffered by an applicant as a result of the Queens County Rainstorm.
(f)Eligible project costs means one of the following:
(1)For small businesses such costs shall include, but not be limited to, those necessary to replace or mitigate damage to real property, and appurtenances thereto, machinery and equipment, provided however that such costs shall not include direct compensation for revenue or income lost as a result of disruption in the operation of business due to the storm.
(2)For residents such costs shall include, but not be limited to, insurance deductibles or the difference between insurance coverage and actual replacement costs of a residence, personal possessions, temporary or emergency housing costs, demolition, debris removal and disposal, and the costs associated with the cleaning and salvage of personal possessions.
(g)Proof of business operation means one of the following:
(1)a “Doing Business As” (DBA) form duly filed with the office of a county clerk or office of the Secretary of State;
(2)a valid certificate of incorporation filed with the Secretary of State;
(3)a Federal or New York State tax identification number issued by the Internal Revenue Service or the New York State Department of Taxation and Finance; or
(4)any other form or document as may be acceptable to SEMO.
All proof of business operation documentation pursuant to this subdivision must evidence operation of business at the time of the Queens County rainstorm.
(h)Proof of residence means recorded deed, mortgage statement, lease, real property tax bill, or other proof of residence deemed acceptable by SEMO.
(i)Queens County rainstorm means the major natural disaster which began in the affected areas of Queens County on or about January 3, 1999.
(j)Resident means an individual renting, leasing or owning real property within the affected areas at the time of the Queens County rainstorm.
(k)Proof of loss means the documentation that SEMO, in its discretion, determines is necessary as part of an application for a grant and shall include one of the following documents:
(1)a damage report or a damage estimate from a licensed contractor, a licensed engineer, an insurance claim adjuster, a government agency, or other entity, or person deemed acceptable by SEMO for eligible project costs;
(2)an invoice which documents eligible project costs;
(3)a letter of denial of coverage from an applicant's insurer for eligible project costs; or
(4)such other report or document deemed acceptable by SEMO.
All documents or reports pursuant to this subdivision must directly relate to damage or destruction caused by the Queens County rainstorm.
(l)Small business means those with 500 or fewer full-time employees, including sole proprietorships, located with the affected areas.
9 NYCRR 510.3 - Application procedure
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
(a)The applicant shall be required to supply the following information in the application:
(1)the applicant's name, address or principal place of business and telephone number;
(2)the applicant's social security number or tax identification number (if applicable);
(3)a description of the applicant's business (if applicable);
(4)the number of full-time employees at the applicant's place of business at the time of the Queens County rainstorm (if applicable);
(5)a description of the loss and the eligible project costs as a result of the Queens County rainstorm;
(6)the applicant's proof of business operation or proof of ownership;
(7)the applicant's proof of loss; and
(8)a duly completed, signed and dated certification.
(b)Delivery of application. The applicant shall send the application by first class mail to an address to be provided by SEMO on the application.
(c)Application deadline. All applications must be received within the deadline set forth in section 510.6 of this Part. Any application received after the deadline, or extension thereof, will not be eligible for consideration by SEMO.
9 NYCRR 510.4 - Evaluation procedure
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
(a)Upon its receipt of all applications submitted within the deadline as set forth in section 510.6 of this Part, SEMO shall evaluate the applications based on the following criteria:
(1)the availability of funding for the program;
(2)the eligibility applicant for the program;
(3)the nature and eligibility of the project costs for which the grant is sought;
(4)the applicants' demonstrated need for the grant: for purposes of this Part, there shall be a presumption that applicants from areas of southern Queens County referred to as Arverne, Laurelton, Rosedale and Springfield Gardens and identified by New York Postal Zones 11692, 11422 and 11413 have a greater demonstrated need;
(5)the timeliness of receipt of the application by SEMO; and
(6)any other factor that SEMO deems necessary to carry out the purposes of this Part.
(b)Priority for the award grants shall be given to the areas of southern Queens County referred to as Arverne, Laurelton, Rosedale and Springfield Gardens and identified by New York Postal Zones 11692, 11422 and 11413 have a greater demonstrated need. SEMO may in its discretion, however, award grants to those residents and small businesses in other areas of Queens County that were damaged and meet eligibility requirement of the program. If the amount of grants determined to be eligible pursuant to this program exceeds the amounts of the appropriation made available for the program, each such grant shall be reduced on a pro-rata basis.
(c)No grant shall be paid for any part of a loss for which compensation has been received under any other program or from insurance or any other source. However, should an applicant be entitled to compensation for such loss from another source, an applicant may apply for and receive a grant, provided that the applicant has not received compensation by the time of application and agrees to repay the State any duplicative compensation.
(d)Applicants who are approved by SEMO for an award will receive an award letter describing the amount, which has been approved. Applicants who are not approved by SEMO for an award will also receive a letter that sets forth the reasons for such denial. Awards will be processed and mailed to applicants under separate cover by the Office of the State Comptroller.
9 NYCRR 510.5 - Liability
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
(a)The applicants agree to indemnify and hold harmless the State of New York, as well as its agents and employees, for any claims arising from the administration of the program.
(b)SEMO reserves the right to verify all proof of loss and to require any further proof of loss as deemed necessary. Applicants who receive grants shall maintain for a period of three years records regarding: the loss that is the subject of the grant; and any compensation sought or received. Such applicant shall also permit SEMO and any other subdivision or agency of the State of New York to inspect such records.
9 NYCRR 510.6 - Termination
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
(a)The application deadline for this program is 60 days from the date this Part is filed with the office of the Secretary of State and shall continue through any subsequent period of extension made by SEMO in its discretion. Information regarding any such extension shall be made available by SEMO. Unless an extension occurs, all applications must be postmarked by July 15, 1999 to be eligible for consideration for the program.
(b)Unless extended in accordance with subdivision (a) of this section, applications received which are not postmarked by July 15, 1999 will not be considered for the program or acknowledged.
9 NYCRR 510.7 - Earlier source heading: 510.7 to 510.8 [Repealed]
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Aug 15, 2022
Current section text is not available here.