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This entry was published on 2014-09-22
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Infrastructure development contracts
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 21
§ 1132. Infrastructure development contracts. 1. The agency is hereby
authorized, within the amounts appropriated, to enter into contracts
with eligible applicants to provide funds for infrastructure
improvements which are necessary for and will reduce the cost of the new
construction or rehabilitation of affordable housing projects. Such
contracts shall provide for grants by the agency to the eligible
applicant for infrastructure improvements carried out under the
contract. Grants shall be used to advance to or reimburse the eligible
applicant for the actual and necessary cost of providing such
infrastructure improvements, provided however that grants shall not be
used to pay the administrative costs incurred by an eligible applicant
for such improvements. Such payments, including payments to a
municipality, shall be made in accordance with the agency's prompt
payment statement adopted pursuant to section twenty-eight hundred
eighty of the public authorities law. Payment to the eligible applicant
shall not be conditioned on pre-payment for such improvements by the
eligible applicant. No such grants shall exceed an amount equal to five
thousand dollars for each unit of affordable housing to be constructed
or rehabilitated in conjunction with such infrastructure improvements.

2. The agency shall not enter into a contract under this article
except with an eligible applicant which has submitted an application to
a state, federal or local entity to receive funds for the construction
or rehabilitation of an affordable housing project and submits proof of
such application to the agency. Such contract shall contain provisions
that infrastructure development funds are dependent upon such
application being approved. Any contract for infrastructure development
funds shall contain such other information which the agency deems
appropriate, and a plan acceptable to the agency which demonstrates that
the infrastructure improvements shall be undertaken in conjunction with
the new construction or rehabilitation of an affordable housing project,
shall be completed in a timely fashion and will result in a
corresponding reduction in the cost of such affordable housing to the
occupants therein.

3. Moneys expended by the agency for the purposes of this article
shall not substitute for locally funded operating or capital
expenditures which the municipality would have allocated through its
normal budgetary process to programs that provide infrastructure
improvement in the absence of the funds provided for this program. All
such moneys shall be used to increase locally funded operating or
capital expenditures for this program to a level which is greater than
the level which would have existed if such moneys had not been provided
by the state. Nothing in this subdivision shall require the municipality
to allocate funds for this program if in the municipality's judgment
such allocation would require an increase in taxation or a reduction in
other municipal services.

4. Notwithstanding the provisions of article one-A of the public
authorities law, contracts entered into by the agency pursuant to this
article shall not be subject to the provisions of article one-A of the
public authorities law.