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This entry was published on 2014-09-22
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SECTION 65-C
Approval of funding agreement; issuance of requests for proposals
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 3-A
§ 65-c. Approval of funding agreement; issuance of requests for
proposals. The city's funds for such projects shall be provided as
payments, grants or loans pursuant to a funding agreement or agreements
with the agency. Any such agreement shall include the amount of funding
to be provided by the city, the manner in which the city will make the
funds available to the agency or the agency's designee, and a
description of the projects and project sites, and shall be subject to
the approval of the mayor and the local legislative body of the city.
Notwithstanding any inconsistent provisions of law, general, special or
local, or charter, the mayor and the local legislative body shall take
action to approve or disapprove such agreement within sixty days of its
submission, provided, however, that if the mayor fails to approve or
disapprove the agreement during such period the mayor shall be deemed to
have approved the agreement and provided further that if the local
legislative body fails to approve or disapprove such agreement during
such period the local legislative body shall be deemed to have approved
the agreement. In the case of a project for which a not-for-profit
corporation, housing development fund company or limited profit entity
has provided sites with the city's approval, approval by the mayor and
the local legislative body shall not be required under this section
where such project has already received approval from the mayor and the
local legislative body. Upon approval by the mayor and the local
legislative body of such agreement, and upon satisfaction of such other
conditions as the agency may establish, including but not limited to,
satisfactory assurances from the city that projects on approved sites
will receive expedited reviews by city departments and agencies having
jurisdiction over the project, the agency is authorized to issue one or
more requests for proposals to developers who shall be not-for-profit
organizations or persons, partnerships, corporations or other entities
that will agree to limit their profits or rate of return of investors in
accordance with a formula established or approved by the agency with
respect to the project, for the development, design, construction, or
rehabilitation of permanent housing projects for eligible homeless
families. Approval of an agreement by the mayor and the local
legislative body pursuant to this section shall not itself require
compliance with any local land use review procedure, nor shall it
constitute an action for purposes of article eight of the environmental
conservation law, provided, however, that this section shall not grant
any exemption from such procedures or laws if otherwise applicable.
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.